PEDAUDI RAGHAVA RAMACHARYNLU Vs. ESTATES ABOLITION TRIBUNAL ELURU WEST GODAVARI DISTRICT

JUDGEMENT

(1.) This Writ Petition relates to a land of Ac. 11. 98 cents in R. S. Nos. 29/1, 29/3, 48/12 and 48/3 of Q uandam estate (the land) of Togummi Village in Kovvur Taluk. The estate was taken over on 26th July, 1961 under the Estates Abolition Act XXVI of 1948. P. Raghava Ramacharyulu and P. Kodanda Ramanujacharyulu, the two writ petitioners claimed patta to the land under section 13 before Settlement Officer, Eluru who granted a ryotwari Patta to them on 15th June, 1964. That order was reversed on 21st November, 1970 by the appellate authority and inquiry was remanded. Later, on 29th November, 1975 again patta was granted in favour of the two petitioners, which again was reversed by the appellate authority on 15th December, 1977. Hence, this writ petition by the two claimants. Their claim is resisted by the deity of Venkateswaraswami Varu. Whereas the two claimants are archakas of the same temple.

(2.) The learned Counsel for the writ petitioners at first assailed the jurisdiction of the Settlement Officer and the appellate Authority, He contends inter se disputes under section 13 of Act XXVI of 1948, the Settlement Officer or the appellate authority cannot adjudicate under Act XXVI of 1948 and added curiously the Settlement Officer was right in having granted the patta in favour of the petitioners; the appellate authority was wrong in reversing the decision and granting a patta in favour of the deity.

(3.) The question raised in this case was the subject of several decisions under the Act. The latest is M. Chayanna v. K. Narayana, (1979)2 S. C. J. 425 r(1979) 3 S. C. C. 42 : A. I. R. 1979 S. C. 1320 wherein two or three Bench decisions of this Court were reviewed. The decision in Appanua v. Sriramamurty, (1958) 1 An. W. R. 420 is affirmed. It is argued by the claimants there is no case where inter se dispute between the land holders was considered by this Court.