KUMARAYYA,J. - (1.) This is a petition for issue of a writ of certiorari quashing the order of the Board of Revenue, dated 19-9-1962 made on revision against the order of the Director of Settlements, dated' 26-5-1962, passed in revision confirming the order of the Settlement Officer, Masulipatam, refusing grant of patta, for the submerged lands in Prakkilanka in West Godavari district bearing S. Nos. 4/8-A, 7/15-A, 13-A and 14-A, to the petitioner as the transferee of Kanumuri Venkatrao.
(2.) The circumstances under which this petition has been filed may be briefly stated. One Kanumuri Venkatrao was the pattadar of lands bearing patta Nos. 4/8-A) 7/15-A, 13-A and 14-A, measuring ac. 159-42 cents in Prakkilanka in West Godavari district. The petitioner is the alienee of these lands under a sale deed dated 6-3-1959 executed by the said pattadar owner. These lands, as a result of Roods, were for years without number under river waters and were thus incapable of actual possession and enjoyment by the pattadar. However, the pattadar was paying cist's thereof regularly with the hope of future enjoyment on their reappearance. The Government took over the estate in which these lands are situate on 7-9-1950 under the Estates (Abolition and Conversion into Ryotwari) Act. The petitioner's processors in interest, who was in possession from before 1939, was never a defaulter by that date or even afterwards. There were several lands in both the district of Godavari which were likewise submerged under the waters. The burden of assessment in relation to these lands weighed heavy upon the ryots. Their entreaties to reduce the burden did not go in vain. The lanka ryots of the East Godavari District appealed for levy of a taken or nominal assessment of one rupee per acre. After careful consideration, the Government decided, as per G.O. Ms. No. 128 Revenue dated 14-12-1956 to charge only 5% assessment on the eroded private lands and grant remission in respect of the difference between the settlement rates and the assessment thus ordered. All mis-apprehension as to the true extent of this concession was removed by issuing Government Memo. No. 7402/A-57, Revenue, dated 1-7-1937, which was to the effect that the concession embodied in G.O. Ms. No. 128 Revenue dated 14-12-1956, would be applicable having regard to the assessment as reduced under the Rent Reduction Act of 1947, which was being collected for the time being. Later, in another G.O. Ms. No. 370 dated March 3, 1964 the Government decided that assessment on eroded private lankas should be reduced to one quarter of normal assessment pending their reformation. There was yet some doubt in the minds of the concerned authorities as to whether these Government Orders could at all be applicable to lands other than those in the East Godavari district, as a result of which lanka land ryots in the West Godavari district were not dealt with in the same manner as those in the Salt Godavari district. The Government then by their Memo. No. 2447/60-2 dated 12-8-1960, directed that the lanka ryots of West Godavari also should pay only half the assessment with effect from fasli 1356. The petitioner claims that his predecessor-in-interest had paid assessment regularly up to 1957 and that he paid thereafter full assessment, though under protest, for the years 1957 and 1958. Thereafter, he made an application to the Collector, West Godavari, to collect for the subsequent years at half the assessment and adjust the excess paid in 1957 and 1958 towards the years 1959 and 1960 and stay the collection in the year 1959. The District Collector refused to stay the collection for the year 1959. The petitioner approached the Minister requesting intervention and issuance of a direction to the Collector to stay the collection. Before his case could be considered, the Collector, on 29-2-1960, lent a demand notice for a sum of Rs. 3,466-65 for faslis 1367 and 1368. The petitioner moved the Minister once again in continuation of his previous application. Sometime thereafter, on 12-8-1960, as already noticed, the Government issued a memo that the lanka ryots of West Godavari also were given the benefit of 50% concession on the eroded lands with effect from fasli 1359. The petitioner had already on 7-10-1959 applied for a patta as the transferee of Kanumuri Venkatrao. The Settlement Officer passed order on 2-3-1960 rejecting his claim for patta on the ground that the lands were submerged and that he was not in occupation of the said lands. On revision, the Director of Settlements dismissed the revision petition or the ground that it was barred by time. On a further revision, the Board of Revenue remanded the case to the Director of Settlements. The Director by his order dated 26-5-1962 confirmed the order of the Settlement Officer. The petitioner then moved the Board of Revenue which, by the impugned order, refused to interfere with the order of the Director or the Settlement Officer on the ground that the petitioner had failed to establish that he or his predecessor-in-interest was in continuous possession of these lands from 1939. The Board observed that the petitioner ought to have produced cist receipts for the period continuously from 1939, for that could be the only mode of proof of possession of eroded lands and also under the G.O., the only way for the claimant to keep his right over such lands alive. Aggrieved by this order, the petitioner has come to this Court for a writ of certiorari.
(3.) The main ground urged is that the non-production of receipts for all the years was not fatal when the Amarakam accounts of 1939 and 1940 and No. 10 (1) accounts of 1950 and other records maintained by the Revenue Department showed that the processor-in-title of the petitioner was in possession is the year 1939 and ever since and had been paying cist regularly. It is argued that the petitioner in this way had fulfilled all the conditions under Section 11(b) and the Board of Revenue erred in refusing to grant patta on the basis that cist receipts were not produced by the petitioner.;