Parthasarathi, J. - (1.) Lingaraju Agraharam was carved out of the village of Jaladanki and was granted as inam to the predecessor of the appellants. The Agraharam was described as a " Grama Gorbha Khandrika,." Its extent is about Ac. 950-00. It was recognised and confirmed as a result of the inam enquiry and a title deed was issued. The liability of the Agraharam as determined by the Inam Commissioner is Rs. 106 which included a jodi of Rs. 77. This amount was being paid by the Agraharamdars till the Andhra Inams Assessment Act XVII of 1955 (referred to herein as the Act) came into force.
(2.) Purporting to apply the provisions of the Act the authorities fixed the land revenue at Rs. 150-10-0 as per a notification dated 16th February, 1957. The appellants were paying the amount so determined till February, 1960. Later Act XXII of 1962 came into force which permitted an increase of the land revenue by 75%. When proceedings were initiated for the collection of the land revenue as per the provisions of Act XXII of 1962 the appellants questioned their liability to pay the amount. They moved this Court under Article 226 for quashing the notification dated 16th February, 1957, which was made under section 3 (3) of the Andhra Pradesh Inams (Assessment) Act XVII of 1955.
(3.) The main ground on which the assessment was impugned is that the Government are not supplying any water for the irrigation of the lands held by the Agraharamadars and therefore, that the levy in so far as it purported to deal with the lands of the appellants as wet lands is illegal and ultra vires. In order to appreciate this contention it is necessary to advert to the circumstances under which a compromise decree was made in O.S.No.713 of 1903 by the DistrictMunsif, Kavali. That suit was laid by the Secretary of State for India seeking a declaration that the Government are entitled to the unimpeded flow of the water into Jaladanki tank. It may be noted that Jaladanki village is a ryotwari village and. it is only a Khandrika portion of the village that was the subject-matter of the inam grant and the confirmation. There is a tank in the ryotwari portion of Jaladanki village and the declaration that was sought by the Government pertains to the flow of water into the Jaladanki tank. The suit was resisted by the Agraharamdars who constructed a tank in the Khandrika portion of the village at their own expense and who claimed the right to the entire waters flowing from a vagu. The compromise decree that came to be made in the suit provided inter alia that the plaintiff (The Government) was entitled to half of the waters of the vagu and that the plaintiffs were entitled to divert the flow at the places where a channel was dug by the Jaladanki ryots. The decree further provided that the other moiety of the water flowing in the vagu could be utilised by the Agraharamdars. The decree also gave the Agraharamdars the liberty to increase the capacity of their tank to the extent they considered necessary. The compromise had been in force since then and the relative rights of the parties were being worked out on foot of the compromise decree.;