RAJA RAGHAVARAJU YERRAMRAJU Vs. REVENUE INSPECTOR NUGU FIRKA VENKATAPURAM NAGUR TALUK

JUDGEMENT

(1.) This is an appeal against the Judgment of Ansari, J., dismissing W.P. No. 66 of 1957 filed by the appellant for quashing the order of the Deputy Tahsildar confirming that of the Revenue Inspector, levying a surcharge on the peshkush payable by the appellant.

(2.) The appellant is the proprietor of Nagur estate now situated in the East Godavari district. It was formerly in the Chanda district of the then Central Provinces but subsequently transferred to the Madras Presidency from 1st July, 1909, now forms part of the State of Andhra Pradesh. By virtue of the Central Regulation I of 1909, the Madras Estates Land Act, 1908, was made applicable to the appellant's estate and it is now taken over by the Government under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948). It is the case of the appellant that as a proprietor he used to collect the land revenue on behalf of the Government from the ryots and pay to the Government after keeping a part of the revenue, the payment payable to the Government being known as peshkush which was fixed and settled by agreement with the Government.

(3.) While so, pursuant to the power conferred by Andhra Land Revenue (Surcharge) Act, 1956 (II of 1956), the Revenue Inspector, by his order dated 4th April, 1957, called upon the appellant to pay a surcharge of Rs. 3,535-3-0 on the peshkush of Rs. 7,071-9-0 payable by him to the Government. The appellant carried this matter in appeal to the Deputy Tahsildar without any success. It is to remove the order of the Revenue Inspector as confirmed by the Deputy Tahsildar on Certiorari that the jurisdiction of this Court under Article 226 of the Constitution was invoked.