Decided on February 28,1963



Chandra Reddy, C.J. - (1.) The meaing and effect of section 4 of the Andhra Pradesh (Andhra Area) Inams Abolition and Conversion into Ryotwari Act (XXXVII of 1956) (hereinafter referred to as the Act) is the subject of discussion in these Writ Petitions. This Act was passed in the year 1956 to abolish and convert certain inam land into ryotwari lands. Section 3 of the Act empowers the concerned Tahsildar to decide whether a particular piece of land within his jurisdiction is an inam land and, if so, whether it is held by any institution It is section 4 of the Act that provides the machinery for abolition of the inam lands and converting them into ryotwari lands. By virtue of this section, every holder of an inam, be it in a ryotwari or a zamindari village, is entitled to a ryotwari patta.
(2.) Tahsildars of the various parts of the Andhra area started enquiries contemplated by section 3 cf the Act. We are here concerned only with inams that form the subject-matter of the present enquiry. At the enquiry concerning these inams, rival claims were put forward by the institutions and certain persons claiming to be either as persona] grantees or as service holders in the particular temples. After holding the enquiries as required by section 3, the concerned Tahsildars gave their decisions upholding the claims of either the institutions or the individuals. These adjudications were subject to appeals before the Revenue Divisional Officers, who are constituted as appellate tribunals under sub-section (4) of section 3. In some cases, the Revenue Divisional Officers affirmed the orders of the Tahsildars while in others they reversed them. The aggrieved parties have invoked the jurisdiction of this Court under Article 226 of the Constitution to remove on certiorari the determination of the Revenue Divisional Officers.
(3.) Before we discuss the problem created by section 4 of the Act, we have to advert to the nature of the inams in the several Writ Petitions. At the outset, it has to be mentioned that though the orders passed by the Revenue Divisional Officers in four instances rejecting the claims of the institutions for ryotwari pattas were challenged by filing writ petitions, in W.P. Nos. 739 and 856 of 1960, and 552 and 1228 of 1961 the learned Advocate-General appearing for the institutions submitted that the adjudications of the Revenue Divisional Officers could not be successfully impeached, having regard to the relevant entries in the extracts from the Inam Fair Register and the confirmation of the inams to named individuals which bring them within the scope of section 4. He, therefore, did not press the writ petition but he wanted that a clause should be introduced in the pattas to the effect that they are issued to the respondents subject to the obligation to perform the services. To this course the respondents are agreeable.;

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