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2019 (3) TMI 1690 - SUPREME COURTDirection to the Tahsildar, Tirupati Rural for implementation of the patta granted to him - Grant of ryotwari patta - execution of the “takeed” - According to the appellants, as per the ‘takeed’ granting permanent patta to late Sarvepalli Pottaiah, the land being the subject matter of the ‘takeed’ was “Punja Manavari Garikala Mitta Chenu” that is agricultural dry land. The respondents have disputed the execution of the “takeed” - HELD THAT:- The documents produced by the petitioner upon which evidence sought for implementation are non-existing one in the official records and the land claimed by the petitioner in S.No.234 of Tiruchanur Village of Tirupathi Rural Mandal is not available. Hence, question of implementation of the ryotwari pattas said to be granted on fictitious records does not arise. The Single Bench rightly refused to entertain the writ petition as the Collector had questioned the genuineness of the purported ryotwari pattas on the ground that there were no entries with regard to the pattas in the relevant register. The grant of Saswatha Patta and execution of the takeed by the Mahanth of the Mutt in 1940 were also disputed. There were serious allegations of illegal grant of pattas against the Inams Deputy Tehsildar who had purportedly issued the two ryotwari pattas. Moreover, the pattas had purportedly been issued without any notice of enquiry in the prescribed form, as required under Section 7 of the 1956 Act read with the Andhra Pradesh (Andhra Area) Inam (Abolition and Conversion into Ryotwari) Rules 1957 framed under Section 17 of the 1956 Act. Moreover, the entire Survey No.234 had been declared Tank poramboke and brought under Section 2A and, therefore, inalienable - Administrative decisions are subject to judicial review under Article 226 of the Constitution, only on grounds of perversity, patent illegality, irrationality, want of power to take the decision and procedural irregularity. Except on these grounds administrative decisions are not interfered with, in exercise of the extra ordinary power of judicial review. The decision of the Collector was based on materials and thus not liable to be interfered with. The High Court very rightly did not interfere with the decision. It was not for the High Court, exercising its extra ordinary power of judicial review, to reanalyse the evidence on record and adjudicate the disputed question of whether the Mahanth of the Mutt had at all granted Saswatha Patta to the predecessors in interest of the appellants, whether the takeed was duly executed by the Mahanth, whether the ryotwari pattas were genuine or otherwise valid or not. Nor was it for the High Court to adjudicate the disputed fact of whether the land in question was in fact a water body or the dried bed of a water body. Cultivation is often carried out on the dried bed of water bodies. That does not denude the land of its character as a water body - The High Court rightly based its decision on the declaration of the entire survey area as water body and held, in effect, that the plots in question had vested in the government free from all encumbrances under Section 2-A of the 1956 Act. The respondents could not, therefore, be compelled to grant ryotwari pattas in respect of the said plots. Appeal dismissed.
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