DUGGINA ADINARAYANA AND OTHERS Vs. TADURY RAMCHANDRA RAO
HIGH COURT OF ANDHRA PRADESH
Duggina Adinarayana And Others
Tadury Ramchandra Rao
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SATYANARAYANA RAJU,J. -
(1.) This is a petition, under Ar. 227 of the Constitution, to revise an order of the R.D.O. Kovvur which confirmed an order of the Special Dy. Tahsildar (Inams), Tanuku. Both the Tribunals concurrently found that an extent of 9 acres 75 cents comprised in R. S. No. 48 of the village of Chilkapadu "is an Inam Land situated in a Zamindari village" to which the provisions of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, (XXXVII of 1956) would apply.
(2.) For a better appreciation of the points raised in this revision petition, it will be convenient to read the material provisions of the Andhra Inams (Abolition and Conversion into Ryotwari) Act (XXXVII of 1956) (hereinafter referred to as the Act). Under Section 2 (c) of the Act "?Inam Land "? has been defined to mean any land in respect of which the grant in inam has been made, confirmed or recognised by the Government but would not include an inam constituting an estate under the Madras Estates Land Act, 1908 (Madras Act 1 of 1908). "Inam village" has been defined in Section 2 (d) as meaning a village designated as such in the revenue accounts of the Government and as including a village so designated immediately before it was notified and taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948). Section 4 provides for conversion of inam lands into ryotwari lands. Sub section (1) of Section 4 provides that in the case of an inam land in a ryotwari or Zamindari village, the person or institution holding such land as inamdar on the date of the commencement of the Act, shall be entitled to a ryotwari patta in respect thereof. Sub-section (2) of Section 4 provides for the mode of conversion and the grant of a ryotwari patta to the person in possession.
(3.) Under the Act, the Tahsildar has been invested with power to enquire and determine, either suo motu or on application, whether a particular land in his jurisdiction is "?an inam land "?, whether such Inam land is in a Ryotwari, Zamindari or an Inam village and whether such land is held by an institution. "Institution" has been defined in Section 2 (e) to mean a religious, charitable or an educational institution.;
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