V.RAMASUBRAMANIAN, J. - (1.)The State has come up with the above appeal questioning an order of the learned Judge setting aside an order of the Joint Collector-cum-Settlement Officer with costs of Rs.20,000/- and further directing the appellants to issue pattadar pass book to the writ petitioners (the respondents herein) under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
(2.)Heard the learned Government Pleader for Revenue (Andhra Pradesh) and Mr. A.Chandraiah Naidu, learned counsel for the respondents.
(3.)The respondents herein filed a writ petition in W.P.No.24980 of 2009 challenging the proceedings of the Joint Collector-cum-Settlement Officer, dated 04-8-2009, declaring the entire land in Survey No.251 as a river and also directing the cancellation of all forged and fake entries in the Fair Adangal. The case of the writ petitioners was that the husband of the 1st respondent herein and the father of the respondents 2 and 3 by name Ramanaiah was granted Saswatha Patta by the then Mahant of Sri Hathiramji Mutt on 05-3-1943; that as such, Sri Ramanaiah became the owner of the land of an extent of Ac.9.00 in Survey No.251/1 in Vedanthapuram Village, formerly of Chandragiri Taluk, Chittoor District; that the said Ramanaiah approached the Settlement Officer claiming ryotwari patta under Section 11(a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948; that the Tahsildar contested the application on the ground that the land was part of Swarnamukhi river poramboke and not a ryoti land; that the Settlement Officer overruled the objections of the Tahsildar and passed an order dated 19-01-1982 granting settlement patta in favour of Ramanaiah; that thereafter Ramanaiah was granted pattadar pass book by the Mandal Revenue Officer; that the said Ramanaiah thereafter availed a loan on the said land from S.V. Grameen Bank, Tirupati and raised a mango garden; that however the Director of Survey and Settlement took up the case by way of a suo motu revision in R.P.No.251/84 and set aside the Settlement Officer's order; that questioning the order of the Director of Survey and Settlement dated 30-4-1990, Ramanaiah filed a revision before the Chief Commissioner of Land Administration; that the said revision was allowed by the Chief Commissioner by an order dated 20-8-2000; that thereafter the said Ramanaiah made representations to the Mandal Revenue Officer seeking the issue of pattadar pass book; that however the Tahsildar filed a writ petition in W.P.No.22069 of 2003 questioning the order of the Chief Commissioner of Land Administration dated 20-8-2000; that the said writ petition was dismissed by a learned Judge by an order dated 21-10-2003; that a writ appeal in W.A.No.2322 of 2003 filed by the Mandal Tahsildar was also dismissed by a Division Bench on 31-3-2009; that during the pendency of the writ appeal, Ramanaiah died on 06-01-2009 leaving behind him, the 1st respondent herein as his widow and the respondents 2 and 3 as his sons; that even after the orders passed by this Court, the Mandal Tahsildar did not grant patta; that however the Joint Collector passed an order dated 04-8-2009 declaring the entire land in Survey No.251 to an extent of Ac.200.68 as Swarnamukhi river; that the Joint Collector also cancelled the previous orders and directed the Mandal Tahsildar to take action under Sections 9, 10, 11, 12, 13 and 14 of the Andhra Pradesh (Andhra Area) Rivers Conservancy Act, 1884; that the Joint Collector also directed to evict all persons in occupation of the said land except those who are members of a Cooperative Joint Farming Society and that therefore the respondents were compelled to challenge the order of the Joint Collector.