BALASWARASWAMI VARU Vs. MALLIDI DORAYYA
HIGH COURT OF ANDHRA PRADESH
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Parthasarathi, J. -
(1.)These two appeals from the decision of Ekbote, J., relate to identical subject-matter and concern the question of the grant of ryotwari patta consequent on the abolition of Gopalapuram Estate. The land in respect of which proceedings were taken by the Asst. Settlement Officer, is situate at the village of Gopalapuram.
(2.)In Writ Appeal No. 187 of 1968 the appellants are deities represented by the trustee and he claims that ryotwari patta has to be granted to the deities. The rival claimants are the appellants in Writ Appeal No. 472 of 1968 and they advance the plea that they are the ryots entitled to the grant of a patta.
(3.)Both sides are aggrieved by the decision of the Tribunal which came to the conclusion that neither the deities nor the tenants have established the right to the lands in question. The negation of their case by the Tribunal is based on its view that the land in question must have been once tanks. The finding of the Tribunal is not stated in a precise form but it is clearly a pronouncement holding that the nature of the lands is such that no ryotwari patta can be granted to any party. This finding of the tribunal was rendered in confirmation of the conclusion of the Asst. Settlement Officer.
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