SARVEPALLI RAMAIAH (DIED) AS PER LRS AND OTHERSversusTHE DISTRICT COLLECTOR CHITTOOR DISTRICT AND OTHERS

372            SUPREME COURT
                         [2019]REPORTS
                                5 S.C.R. 372              [2019] 5 S.C.R.


A              SARVEPALLI RAMAIAH (DIED) AS PER LRS
                           AND OTHERS
                                       v.
           THE DISTRICT COLLECTOR CHITTOOR DISTRICT
                          AND OTHERS
B
                        (Civil Appeal No. 7461 of 2009)
                               MARCH 14, 2019
            [R. BANUMATHI AND INDIRA BANERJEE, JJ.]
             Andhra Pradesh (Andhra Area) Inams (Abolition &
C
      Conversion into Ryotwari) Act, 1956 – ss.2-A, 3, 7 and 17 – Case
      of the appellants that their predecessor-in-interest (‘SR’) obtained
      ‘Saswatha Patta’ for two plots of land in Survey No. 234 of
      Tiruchanur village, Chittoor, Andhra Pradesh – ‘SR’s prayer for
      implementation of patta, rejected by the District Collector holding
D     that the pattas issued were fabricated and further, that vide Gazette
      Notification dtd. 03.09.1984 issued u/s.2-A of the 1956 Act, the
      land in question was classified as “Peddacheruvu Poramboke
      (Tank)” – Writ Petition filed by ‘SR’ – Dismissed – Division Bench
      affirmed the order – On appeal, held: Per R. Banumathi, J.
      Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a
E
      minor Inam village and therefore attracts the provisions of the 1956
      Act – Entire land comprised in Survey No.234 is classified as
      “Peddacheruvu Poramboke” (Tank) – All the communal government
      poramboke lands fall u/s.2-A of the 1956 Act – These lands are not
      available for grant of ryotwari patta to any individual – When the
F     entire extent of land in Survey No.234 was classified as Tank, no
      extent was available for grant of ryotwari patta under the provisions
      of the 1956 Act and the question of implementation of ryotwari
      patta does not arise in view of the bar contained in s.2-A of the
      1956 Act – Further, the appellants did not challenge the Gazette
      Notification dtd. 03.09.1984 – High Court rightly declined to quash
G
      the order of the District Collector – Per Indira Banerjee, J.
      (Concurring) 1956 Act was enacted to abolish Inam lands and to
      convert certain Inam lands to ryotwari lands in the Andhra area of
      the State of Andhra Pradesh – By Gazette Notification dtd.
      3.09.1984, entire Survey No.234 was notified as Peddacheruvu
H     Poramboke (tank) – By virtue of s.2-A of the 1956 Act, all forest
                                       372
      SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                      373
            COLLECTOR CHITTOOR DISTRICT

lands, communal lands, river streams, porambokes, tanks etc. vested     A
in the government, free from encumbrances – Appellants and/or
their predecessor-in-interest-’SR’ did not challenge the notification
– No infirmity in the judgment of the Division Bench – Andhra
Pradesh (Andhra Area) Inam (Abolition and Conversion into
Ryotwari) Rules, 1957.
                                                                        B
      Constitution of India – Art.226 – Judicial Review under, of
administrative decisions – Held: Administrative decisions are subject
to judicial review u/Art. 226 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    C
power of judicial review.
      Dismissing the appeal, the Court
HELD: Per R. Banumathi, J.:
      1.1 Tiruchanur village in Tirupati Rural Mandal, Chittoor         D
District is a minor Inam village and therefore, it attracts the
provisions of the Andhra Pradesh Inams (Abolition & Conversion
into Ryotwari) Act, 1956 (Inams Abolition Act). The entire land
measuring acres 113.67 ½ comprised in Survey No.234 of
Tiruchanur village, Tirupati Rural Mandal is classified as              E
“Peddacheruvu Poramboke” (Tank Poramboke). All the
communal government poramboke lands falls under Section 2-A
of the Inams Abolition Act. These lands are not available for
grant of ryotwari patta to any individual under the Act. Since the
village is an Inam village, the then Inams Deputy Tahsildar,
Collector’s Office, Chittoor has declared entire land measuring         F
acres 113.67 ½ as “Tank Poramboke” and brought under Section
2-A of Inams Abolition Act and the same was published in the
District Gazette No.9 dated 03.09.1984 at Page No.20. The Inams
Deputy Tahsildar, Chittoor bonafidely ignoring the above fact,
has by mistake, mentioned the Survey No.234 acres 54-00 as              G
“Inam Dry” at Page No.19 of the District Gazette, Chittoor No.9
dated 03.09.1984 which is stated to be invalid. [Para 8] [
380-D-G]
     1.2 The District Collector rightly held that the entire land
in Survey No.234 of Tiruchanur village that is 113.67½ was
                                                                        H
374            SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A     classified as “Peddacheruvu Tank” under Section 2-A of the Inams
      Abolition Act published in the official District Gazette No.9 dated
      03.09.1984. The District Collector has also pointed out that a
      recent order was passed by the Inams Deputy Tahsildar in IDT
      Ref. No.1/83 dated 11.05.1993 declaring the total extent in Survey
      No.234 as Tank in pursuance of the order of the High Court dated
B
      13.04.1992 in WA Nos.941/88 and 1070/88 which has thus attained
      finality so far as classification of land. As rightly held by the District
      Collector, when the entire extent of land in Survey No.234 was
      classified as Tank, no extent is available for grant of ryotwari
      patta under the provisions of Inams Abolition Act and the question
C     of implementation of ryotwari patta does not arise. The learned
      Single Judge and the Division Bench rightly held that the land is
      classified as “Peddacheruvu Tank” vested with the government
      and there is no question of issuance of ryotwari patta in view of
      the bar contained in Section 2-A of the Inams Abolition Act.
      [Para 11] [381-F-H; 382-A-B]
D
            1.3 Even though, in his order the District Collector referred
      to the Gazette Notification dated 03.09.1984, the appellants did
      not challenge the said Gazette Notification. The Division Bench
      in its order elaborately also referred to the conduct of the
      appellants as to how they withheld the crucial part of the Gazette
E     Notification viz. Page No.20 which contains the classification of
      the land as “Peddacheruvu- Tank Poramboke in Survey No.234.
      The High Court rightly declined to quash the order of the District
      Collector. No infirmity is found in the impugned order warranting
      interference.[Para 13] [382-G-H; 383-A-B]
F     Per Indira Banerjee, J. (Concurring):
           1.1 The Andhra Pradesh (Andhra area) Inams (Abolition
      and Conversion into Ryotwari) Act 1956, was enacted to abolish
      Inam lands and to convert certain Inam lands to ryotwari lands in
      the Andhra area of the State of Andhra Pradesh. Inam lands has
G     been defined in Section 2(c) of the 1956 Act. Section 2A of the
      1956 Act was inserted by amendment, by Act 20 of 1975.
      [Paras 5-7] [383-G-H; 384-D]



H
     SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                        375
           COLLECTOR CHITTOOR DISTRICT

       1.2 Even though the 1956 Act received the assent of the           A
President of India on 10th December, 1956, was published in the
official gazette on 14th December, 1956, and came into force at
once, the appellants and/or their predecessors in interest did
not apply for ryotwari patta soon thereafter. It was only in or around
1980 that ‘SR’, since deceased, applied for grant of ryotwari patta
                                                                         B
for the two plots of land. By a notification in the Chittoor District
Gazette dated Monday, September 3, 1984 entire Survey No.234
at Tiruchanoor was notified as Peddacheruvu Poramboke (tank)
pursuant to the order of the Inams Deputy Tehsildar under sub-
section (3) and the final decision of the Revenue Court under
sub-section (4) of Section 3 of the 1956 Act. The appellants and/        C
or their predecessor in interest late ‘SR’ did not challenge the
notification. It appears that some others challenged the
notification in the Andhra Pradesh High Court, but the High Court
did not set it aside. [Paras 9, 12 and 13] [385-B-C, E-F]
       1.3 The Single Bench rightly refused to entertain the writ        D
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          E
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          F
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        G
on these grounds administrative decisions are not interfered with,
in exercise of the extra ordinary power of judicial review. In this
case, the impugned decision, taken pursuant to orders of Court,
was based on some materials. It cannot be said to be perverse,
                                                                         H
376            SUPREME COURT REPORTS                       [2019] 5 S.C.R.


A     to warrant interference in exercise of the High Court’s extra
      ordinary power of judicial review. A decision is vitiated by
      irrationality if the decision is so outrageous, that it is in defiance
      of all logic; when no person acting reasonably could possibly have
      taken the decision, having regard to the materials on record.
      The decision in this case is not irrational.[Paras 22-24]
B
      [387-F-H; 388-A-D]
             1.4 A decision may sometimes be set aside and quashed
      under Article 226 on the ground of illegality. This is when there
      is an apparent error of law on the face of the decision, which goes
      to the root of the decision and/or in other words an apparent
C     error, but for which the decision would have been otherwise.
      Judicial review under Article 226 is directed, not against the
      decision, but the decision making process. Of course, a patent
      illegality and/or error apparent on the face of the decision, which
      goes to the root of the decision, may vitiate the decision making
D     process. In this case there is no such patent illegality or apparent
      error. In exercise of power under Article 226, the Court does
      not sit in appeal over the decision impugned, nor does it
      adjudicate hotly disputed questions of fact. 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
E     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
F     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
G     body.[Paras 25- 27] [388-D-H; 389-A]
            1.5 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.
H
     SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                      377
           COLLECTOR CHITTOOR DISTRICT

The respondents could not, therefore, be compelled to grant            A
ryotwari pattas in respect of the said plots. In this case relief
under Article 226 was also liable to be refused on the grounds of
delay, laches, acquiescence and/or omission of the appellants to
assert their right, if any, within a reasonable time after the
commencement of the 1956 Act. The appellants and/or their
                                                                       B
predecessors were tardy and lethargic. The application for patta
was made over two decades after the commencement of the 1956
Act, when the statute required that such an application be made
soon after its commencement. The Single Bench as also the
Division Bench of the High Court rightly held that it was well
settled that poramboke (tank) cannot be alienated. No patta can        C
be granted in respect of tanks and water bodies including those
that might have dried up or fallen into disuse. The appellants
and/or their predecessor in interest had not challenged the
gazette notification of 3rd September, 1984 notifying the entire
Survey No.234 at Tiruchanoor as “Peddacheruvu Poramboke”
                                                                       D
that is tank. [Paras 28-31] [389-B-E]
      Susetha vs. State of Tamil Nadu (2006) 6 SCC 543 :
      [2006] 4 Suppl. SCR 361; M.C. Mehta (Badkhal and
      Surajkund Lakes Matter) v. Union of India (1997) 3
      SCC 715 : [1996] 7 Suppl. SCR 465; Intellectuals
      Forum v. State of Andhra Pradesh (2006) 3 SCC 549 :              E
      [2006] 2 SCR 419 – referred to.
                       Case Law Reference
[2006] 4 Suppl. SCR 361          referred to          Para 32
[1996] 7 Suppl. SCR 465          referred to          Para 32          F
[2006] 2 SCR 419                 referred to          Para 32
     CIVIL APPELLATE JURISDICTION : Civil Appeal
No.7461 of 2009.
      From the Judgment and Order dated 22.02.2006 of the High Court   G
of Andhra Pradesh in Writ Appeal No. 1495 of 2004.
      S. Gurukrishna Kumar, Sr. Adv., K. Parameshwar, Ravi Kumar
Reddy, M. V. Mukunda, Guntur Prabhakar, Ms. Prerna Singh,
M/s. Udit Kishan & Associates, Advs. for the appearing parties.
                                                                       H
378            SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A           The Judgments of the Court were delivered by
             R. BANUMATHI, J. 1. This appeal arises out of the judgment
      dated 22.02.2006 passed by the High Court of Andhra Pradesh in Writ
      Petition No.1495 of 2004 in and by which the Division Bench upheld the
      order of the Single Judge thereby declining to interfere with the order of
B     the District Collector in refusing to grant ryotwari patta in favour of the
      appellants.
             2. Case of the appellants is that their predecessor-in-interest
      obtained a saswatha patta dated 31.12.1940 from Sri Hathiramjee Math
      for dry land admeasuring 6.00 acres T.D. No.464 and predecessors of
C     the appellants and the appellants have been in possession ever since. It
      is the case of appellants that they have obtained ryotwari patta dated
      29.09.1980 in respect of admeasuring 6.00 acres of land corresponding
      to Inam No.464 in Survey No.234. Similarly, the appellants also obtained
      another ryotwari patta on 14.12.1980 for an extent of admeasuring
      5.00 acres corresponding to Inam No.464 in Survey No.234. Appellant
D     Sri Sarvepalli Ramaiah has filed Writ Petition No.2759 of 1990 before
      the High Court seeking direction to the Tahsildar, Tirupati Rural for
      implementation of the patta granted to him by the Deputy Tahsildar
      vide order dated 29.09.1980 by making entries in the revenue. The said
      writ was disposed of by the High Court by order dated 19.03.1990
E     whereby the High Court directed the authorities to satisfy with reference
      to the relevant records whether the patta is genuine or not and if found
      to be genuine, they should be implemented.
            3.The Mandal Revenue Officer, Tirupati Rural in his Ref.
      Roc.C.213/89 dated 20.06.1990 sought for clarification from the District
F     Collector whether to implement the order of granting ryotwari patta to
      appellant Sarvepalli Ramaiah. The District Collector did not grant
      approval; rather issued a Paper Notification on 14.03.1991 in Andhra
      Jyothi daily Telugu Newspaper vide Roc. B9.00701/1990 dated
      12.03.1991 stating that Sri Shaik Kasumaiah who worked as Inams
      Deputy Tahsildar Chandragiri, Chittoor District in the year 1980, issued
G     Ryotwari pattas and the same are not valid and the subsequent sale
      deeds are also not valid.
            4. Since, the District Collector did not accord the approval for
      issuance of ryotwari patta, the appellant filed Writ Petition Nos.29664-

H
     SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                               379
   COLLECTOR CHITTOOR DISTRICT [R. BANUMATHI, J.]

65 of 1995 and reiterated the prayer made in the earlier Writ Petition          A
No.2759 of 1990. The said Writ Petitions were disposed of by order
dated 28.11.2001 directing the District Collector to conduct enquiry after
giving opportunity to the appellant and pass appropriate order. After holding
enquiry and giving opportunity to the appellant, the District Collector by
order dated January, 2003 held that a notification dated 03.09.1984 was
                                                                                B
issued under Section 2-A of the Act wherein the land in question was
classified as “Peddacheruvu Tank” and rejected the prayer of the
appellant for implementation of patta by holding that pattas issued to
appellant Sarvepalli Ramaiah by the Deputy Tahsildar were fabricated.
       5. Challenging the order of the District Collector, the appellant
filed Writ Petition No.5807 of 2003 which was dismissed by the learned          C
Single Judge holding that the findings recorded by the District Collector
about the nature of pattas that they were fake was based on correct
appreciation of evidence. The learned Single Judge further held that in
view of the ban contained in Section 2-A of the Inams Abolition Act, the
tank bed lands cannot be alienated or assigned. In appeal, the Division         D
Bench affirmed the order of the learned Single Judge that the land is
classified as “Peddacheruvu Tank” which vests in the government and
in view of the bar contained in Section 2-A of the Inams Abolition Act
and the same cannot be transferred. The Division Bench further held
that the appellant did not challenge the notification dated 03.09.1984
issued under the Inams Abolition Act, despite the fact that the order           E
passed by the Collector makes the specific reference to the entry recorded
at Page No.20 of the Gazette Notification dated 03.09.1984 that the
land comprised in Survey No.234 is Peddacheruvu Tank and without
challenging the said Gazette Notification, the appellant cannot seek to
quash the order passed by the Collector.                                        F
       6. Mr. S. Gurukrishna Kumar, learned senior counsel for the
appellants submitted that the orders dated 29.09.1980 and 04.12.1980
granting ryotwari patta in favour of the appellants were not challenged
by the State or any other party in the manner known to law and no
appeal was preferred against those orders and therefore, the order              G
granting ryotwari patta has attained finality under Section 3(4) of the
Act. It was further submitted that the respondents had taken inconsistent
stand as to the order of Inams Deputy Tahsildar directing issuance of
ryotwari patta. It was further submitted that while carrying out enquiry,

                                                                                H
380             SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A     pursuance to the orders of the High Court, the District Collector had not
      examined records relating to the case and the High Court erred in not
      quashing the order of the District Collector.
             7. Per contra, the learned counsel appearing on behalf of the State
      has submitted that since the land in Survey No.234 total extent acres
B     113.67 ½ is classified as ‘Peddacheruvu’ - Tank Poramboke in the
      District Gazette, Chittoor dated 03.09.1984 and whatever the pattas
      possessed by any individual for any land prior to the above publication of
      the District Gazette would be considered as non-existing and invalid.
      Taking us through the order of District Collector, the learned counsel for
      the respondent submitted that upon consideration of the materials, the
C     District Collector has rightly held that the land being classified as ‘Tank
      Poramboke’ and the appellants cannot claim the right over the land;
      more so, they have not challenged the Gazette Notification dated
      03.09.1984.
             8. Tiruchanur village in Tirupati Rural Mandal, Chittoor District is
D     a minor Inam village and therefore, it attracts the provisions of the Andhra
      Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 (Inams
      Abolition Act). The entire land measuring         acres 113.67 ½ comprised
      in Survey No.234 of Tiruchanur village, Tirupati Rural Mandal is classified
      as “Peddacheruvu Poramboke” (Tank Poramboke). All the communal
E     government poramboke lands falls under Section 2-A of the Inams
      Abolition Act. These lands are not available for grant of ryotwari patta
      to any individual under the Act. Since the village is an Inam village, the
      then Inams Deputy Tahsildar, Collector’s Office, Chittoor has declared
      entire land measuring acres 113.67 ½ as “Tank Poramboke” and brought
      under Section 2-A of Inams Abolition Act and the same was published in
F     the District Gazette No.9 dated 03.09.1984 at Page No.20. The Inams
      Deputy Tahsildar, Chittoor bonafidely ignoring the above fact, has by
      mistake, mentioned the Survey No.234 acres 54-00 as “Inam Dry” at
      Page No.19 of the District Gazette, Chittoor No.9 dated 03.09.1984
      which is stated to be invalid.
G            9. As noticed earlier, the appellants claimed on the basis of the
      orders dated 29.09.1980 and 14.12.1980 for granting issuance of ryotwari
      patta. When Mandal Revenue Officer by proceeding Roc.C.213/89 dated
      20.06.1990 has sought for clarification, the District Collector issued a
      paper notification on 14.03.1991 in Andhra Jyothi daily Telugu Newspaper
H
     SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                             381
   COLLECTOR CHITTOOR DISTRICT [R. BANUMATHI, J.]

vide Roc B9.00701/1990 dated 12.03.1991 stating that Sri Shaik                A
Kasumaiah who worked as Inams Deputy Tahsildar Chandragiri, Chittoor
District issued ryotwari pattas and that the same are not valid and the
sale deeds are also not valid. The then District Collector, Chittoor also
issued another paper notification vide Roc.E2/.701/1990 dated 28.07.1994
published in Andhra Jyothi daily Telugu Newspaper dated 23.08.1994
                                                                              B
stating that the then Inams Deputy Tahsildar Sri Shaik Kasumaiah has
issued fake ryotwari pattas and that they are bogus and invalid. The
purported pattas IE No.303/77 dated 29.09.1980 relied upon by the
appellants in the present case, was also shown as Serial No.1 with the
name of appellant Sarvepalle Ramaiah in the said paper publication dated
23.08.1984.                                                                   C
       10. It is also to be pointed out that the very document upon which
the appellant is claiming right over the land is a Takeed dated 31.12.1940
said to have been issued by Sri Swamy Hathiramji Math, Tirupati.
According to the respondents, Sri Swamy Hathiramji Math, Tirupati has
no right over the land for grant of Takeed or Saswatha patta for the          D
land. In many cases, it was found that such Takeed or Saswatha patta
was never issued by Sri Swamy Hathiramji Math and they were created
or fabricated and the Saswatha patta relied upon by the appellant is not
a valid and reliable document.
       11. It is in this context, upon consideration of the documents and     E
the report of the Inams Deputy Tahsildar, the District Collector held that
the appellant is claiming the land in Survey No.234 on the basis of
fabricated documents which are not found in the official records of the
then Inams Deputy Tahsildar, Chandragiri. The District Collector rightly
held that the entire land in Survey No.234 of Tiruchanur village that is
113.67½ was classified as “Peddacheruvu Tank” under Section 2-A of            F
the Inams Abolition Act published in the official District Gazette No.9
dated 03.09.1984. The District Collector has also pointed out that a
recent order was passed by the Inams Deputy Tahsildar in IDT Ref.
No.1/83 dated 11.05.1993 declaring the total extent in Survey No.234 as
Tank in pursuance of the order of the High Court dated 13.04.1992 in          G
WA Nos.941/88 and 1070/88 which has thus attained finality so far as
classification of land. As rightly held by the District Collector, when the
entire extent of land in Survey No.234 was classified as Tank, no extent
is available for grant of ryotwari patta under the provisions of Inams

                                                                              H
382            SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A     Abolition Act and the question of implementation of ryotwari patta does
      not arise. The learned Single Judge and the Division Bench rightly held
      that the land is classified as “Peddacheruvu Tank” vested with the
      government and there is no question of issuance of ryotwari patta in
      view of the bar contained in Section 2-A of the Inams Abolition Act.
B            12. On behalf of the appellants, much reliance was placed upon
      the Gazette Notification dated 03.09.1984 at Page No.19 where 54-00
      acres in Survey No.234 has been classified as “Dry” in Form-II under
      sub-section (3) of the Inams Abolition Act. As per the provisions laid
      down in the Act, Inams Deputy Tahsildar has to issue notice in Form-I
      and decision in Form-II for the inam lands alone deciding whether “the
C     lands are held by an institution” or “not held by institution”. According
      to the respondent State, the Inams Deputy Tahsildar did not follow the
      procedure as laid down in Andhra Pradesh Inams (Abolition &
      Conversion into Ryotwari) Act, 1956 and without following the procedure,
      straightway published acre 54-00 in Survey No.234 as “Inam Dry” at
D     Page No.19 of the District Gazette and that the same is unlawful and
      invalid. According to the respondent-State, based on the invalid
      notifications as ‘Inam Dry’, nobody can claim right over the communal
      poramboke government lands. All the lands are vested with the
      government free from encumbrances. When the entire extent of 113.67
      ½ in Survey No.234 is classified as “Peddacheruvu Poramboke”,
E     according to the respondent, the notification of acres 54-00 as “Inam
      Dry” at Page No.19 of the Gazette was unlawful and invalid. Mere
      publication in the District Gazette, Chittoor cannot give any right to
      anybody over communal lands. Based on such invalid notification as
      “Inam Dry”, nobody can claim right over the Communal Poramboke
F     lands which are vested with the government.
             13. The District Collector has referred to the Gazette Notification
      dated 03.09.1984 as per which the entire extent of 113.67 ½ in Survey
      No.234 is classified as “Peddacheruvu Tank” and held that no extent of
      land was available for issuance of ryotwari patta. As pointed out by the
G     High Court, even though, in his order the District Collector has referred
      to the Gazette Notification dated 03.09.1984, the appellants have not
      challenged the said Gazette Notification. The Division Bench in its order
      dated 22.02.2006 elaborately has also referred to the conduct of the
      appellants as to how they have withheld the crucial part of the Gazette

H
      SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                            383
            COLLECTOR CHITTOOR DISTRICT

Notification viz. Page No.20 which contains the classification of the         A
land as “Peddacheruvu - Tank Poramboke in Survey No.234. Upon
consideration of the materials, the High Court rightly declined to quash
the order of the District Collector. We do not find any infirmity in the
impugned order warranting interference.
      14. In the result, the appeal is dismissed.                             B


      INDIRA BANERJEE, J.
        1. I have gone through the draft judgment prepared by my esteemed
sister and I fully agree that this appeal is liable to be dismissed. Though   C
I am in full agreement with the conclusion arrived at by my learned
sister, I would like to give my own reasons for my concurrence.
      2. It is the case of the appellants, that on 31st December 1940, the
original writ petitioner late Sarvepalli Ramaiah’s father late Sarvepalli
Pottaiah had obtained ‘Saswatha Patta’ for two plots of land in Survey        D
No.234 of Tiruchanoor village in Chittoor district in Andhra Pradesh,
one plot measuring 6 acres and the other measuring 5 acres, from the
Mahanth of Sri Hathi Ramji Mutt, upon payment of premium.
       3. According to the appellants, as per the ‘takeed’ granting
permanent patta to late Sarvepalli Pottaiah, the land being the subject
                                                                              E
matter of the ‘takeed’ was “Punja Manavari Garikala Mitta Chenu” that
is agricultural dry land. The respondents have disputed the execution of
the “takeed”.
       4. It is claimed that Sarvepalli Ramaiah and/or his predecessor in
interest had enjoyed uninterrupted possession and had been cultivating
                                                                              F
the aforesaid 11 acres of land, comprised in two plots, since 1940. It is
stated that rent was regularly paid to the Original Inamdar, that is, the
Mutt prior to 1958, and thereafter, to the government.
       5. The Andhra Pradesh (Andhra area) Inams (Abolition and
Conversion into Ryotwari) Act 1956, hereinafter referred to as the “1956
Act” was enacted to abolish Inam lands and to convert certain Inam            G
lands to ryotwari lands in the Andhra area of the State of Andhra Pradesh.
       6. Inam lands has been defined in Section 2(c) of the 1956 Act,
set out hereinbelow:

                                                                              H
384            SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A           “2. Definitions:- In this Act, unless the context otherwise
            requires-
            (c) “Inam land” means any land in respect of which the grant
            in inam has been made, confirmed or recognized by the
            Government, [and includes any land in the merged territory
B           of Banaganapalle in respect of which the grant in inam has
            been made, confirmed or recognized by any former Ruler of
            the territory] but does not include an inam constituting an
            estate under the Madras Estates Land Act, 1908 (Madras Act
            1 of 1908);”
C            Section 2(d) of the 1956 Act defines Inam village to mean a village
      designated as such in the revenue records of the Government. Tiruchanoor
      is designated an Inam village.
            7. Section 2A of the 1956 Act inserted by amendment, by Act 20
      of 1975 provides as follows:
D           “[2-A. Transfer to, and vesting in the Government of all
            communal lands, porambokes etc., in inam lands:-
            Notwithstanding anything contained in this Act all communal
            lands and porambokes, grazing lands, waste lands, forest
            lands, mines and quarries, tanks, tank beds and irrigation
E           works, streams and rivers, fisheries and ferries in the inam
            lands shall stand transferred to the Government and vest in
            them free of all encumbrances.”
             By virtue of Section 2A of the 1956 Act, all forest lands, grazing
      lands, communal lands, river streams, porambokes, tanks, tank beds etc.
F     vested in the government, free from encumbrances. No person can,
      therefore, have any claim to tenancy, occupancy or otherwise in respect
      of any land and/or water body which has vested in the government free
      from encumbrances under Section 2A of the 1956 Act.
            8. Section 7(1) of the 1956 Act provides as follows:
G           “7. Grant of Ryotwari Pattas:- (1) As soon as may be after
            commencement of this Act and subject to the provisions of
            sub section (4), the Tahsildar may suo motu and shall, on
            application by a person or an institution, after serving a notice
            in the prescribed manner on all the persons or institutions
            interested in the grant of ryotwari pattas in respect of the
H
   SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                                385
COLLECTOR CHITTOOR DISTRICT [INDIRA BANERJEE, J.]

      inam lands concerned and after giving them a reasonable                  A
      opportunity of being heard and examining all the relevant
      records, determine the persons or institutions entitled to
      ryotwari pattas in accordance with the provisions of Section
      4 and grant them ryotwari patta in the prescribed form.”
       9. Even though the 1956 Act received the assent of the President        B
of India on 10th December, 1956, was published in the official gazette on
14th December, 1956, and came into force at once, the appellants and/or
their predecessors in interest did not apply for ryotwari patta soon
thereafter. It was only in or around 1980 that Sarvepalli Ramaiah, since
deceased, applied for grant of ryotwari patta for the two plots of land.
                                                                               C
      10. The appellants claim that by an order dated 29th September,
1980, the Inams Deputy Tehsildar, Chittoor granted ryotwari patta to
Sarvepalli Ramaiah, since deceased, for the plot comprising 6 acres of
land.
      11. According to the appellants, by another order dated 4th              D
December, 1980 the Inams Deputy Tehsildar, Chittoor granted Sarvepalli
Ramaiah, since deceased, ryotwari patta for the other plot comprising 5
acres of land.
     12. By a notification in the Chittoor District Gazette dated Monday,
September 3, 1984 entire Survey No.234 at Tiruchanoor was notified as          E
Peddacheruvu Poramboke (tank) pursuant to the order of the Inams
Deputy Tehsildar under sub-section (3) and the final decision of the
Revenue Court under sub-section (4) of Section 3 of the 1956 Act.
       13. The appellants and/or their predecessor in interest late
Sarvepalli Ramaiah did not challenge the notification. It appears that         F
some others challenged the notification in the Andhra Pradesh High Court,
but the High Court did not set it aside.
       14. Almost ten years after the purported ryotwari pattas were
issued Sarvepalli Ramaiah, since deceased filed Writ Petition No.2759
of 1990 for issuance of a Mandamus for implementation of the ryotwari
                                                                               G
pattas. By an order dated 19th March, 1990, the learned Single Bench
of the High Court disposed of the writ petition by directing the respondents
to implement the pattas, if they were found to be genuine.
     15. Pursuant to the aforesaid order of the Single Bench, the Mandal
Revenue Officer, Tirupati (Rural) sought the approval of the Collector
                                                                               H
386            SUPREME COURT REPORTS                          [2019] 5 S.C.R.


A     to implement the pattas granted to Sarvepalli Ramaiah, since deceased,
      but approval was declined.
             16. Thereafter, Sarvepalli Ramaiah, since deceased filed Writ
      Petition Nos.29664 and 29665 of 1995 in the Andhra Pradesh High Court
      seeking orders for implementation of the ryotwari pattas.
B           17. The respondents filed a counter affidavit to the writ petitions,
      disputing the genuineness of the rytowari pattas and contending that
      there were no entries relating to the ryotwari pattas in the Register of
      Ryotwari Pattas issued from 1977 to 1980.
             18. By an order dated 28th November, 2001, the learned Single
C     Bench disposed of the writ petition directing the Collector, Chittoor to
      conduct an enquiry and pass appropriate orders within the time stipulated
      in the said order.
            19. Thereafter the Collector, Chittoor conducted an enquiry and
      passed an order, relevant part whereof is extracted herein below:
D
            “The case has been examined. The land claimed by the
            petitioner is situated in S.No.234 of Tiruchanur Village of
            Tirupathi Rural Mandal. The entire extent of 113-67½ acres
            in the above S.No.234 of Tiruchanur was declared as
            Peddacheruvu Tank and this decision was published in
E           District Gazette No.9 dated 3-9-1984. Thereafter, litigations
            came up and the Hon’ble High Court in its order dated 13-4-
            1992 in W.A. Nos.941/88 and 1070/88 has directed the IDT
            to pass a reasoned order. In pursuance of the above orders,
            the I.D.T. Chittoor has passed a reasoned order in I.D.T. No.1/
F           83 dated 11-5-1993 declaring the entire extent of Ac.113-
            67½ in S.No.234 of Tiruchanur as Tank poramboke falling
            u/s 2-A of the L.A. Act, 1956.
                  Thereafter, it is needless to mention that it is a fact that
            the land in S.No. 234 of Tiruchanur was declared as Tank
            poramboke and was brought u/s 2-A of the LA Act, 1956 and
G
            such communal lands are not available for grant of ryotwari
            patta. This fact was also confirmed by His Lordship Mr.
            Justice Lingaraj Rath, and Mr. Justice Y. Venkatachalam of
            the Hon’ble High Court in their orders dated 9-11-1994 in

H
   SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                              387
COLLECTOR CHITTOOR DISTRICT [INDIRA BANERJEE, J.]

      W.A. No.193/90. Moreover, the above ryotwari pattas                    A
      purported to have been granted by the then IDT, Chandragiri
      during 1980 are not finding place in the official records of
      the IDT and the same fact was already deposited by the IDT
      before the Hon’ble High Court through the counter-affidavits.
             In view of the above, I am of the opinion that the              B
      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. This order         C
      is issued in strict compliance of the common orders issued by
      the Hon’ble High Court on 28-11-2001 in W.P. No.29664/95
      and in W.P. No.29665/95.”
      20. Sri Sarvapalli Ramaiah, since deceased, filed a writ petition
No.5807 of 2003, challenging the said order of the Collector, which was      D
summarily dismissed by the Single Bench of the High Court by an order
dated 23rd April, 2003. The appeal filed by Late Sarvepalli Ramaiah
before the Division Bench has been dismissed by the judgment and order
dated 22nd February, 2006, impugned in the appeal.
       21. There is no infirmity in the judgment and order dated 22nd        E
February, 2006, of the Division Bench upholding the dismissal of the writ
petition by the Single Bench, that calls for interference in this appeal.
       22. In my view, 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      F
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. As noted by my esteemed sister, there were serious
allegations of illegal grant of pattas against the Inams Deputy Tehsildar
who had purportedly issued the two ryotwari pattas. Moreover, the            G
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.

                                                                             H
388             SUPREME COURT REPORTS                              [2019] 5 S.C.R.


A     Moreover, the entire Survey No.234 had been declared Tank poramboke
      and brought under Section 2A and, therefore, inalienable.
             23. 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
B     irregularity. Except on these grounds administrative decisions are not
      interfered with, in exercise of the extra ordinary power of judicial review.
             24. In this case, the impugned decision, taken pursuant to orders
      of Court, was based on some materials. It cannot be said to be perverse,
      to warrant interference in exercise of the High Court’s extra ordinary
C     power of judicial review. A decision is vitiated by irrationality if the decision
      is so outrageous, that it is in defiance of all logic; when no person acting
      reasonably could possibly have taken the decision, having regard to the
      materials on record. The decision in this case is not irrational.
             25. A decision may sometimes be set aside and quashed under
D     Article 226 on the ground of illegality. This is when there is an apparent
      error of law on the face of the decision, which goes to the root of the
      decision and/or in other words an apparent error, but for which the decision
      would have been otherwise.
             26. Judicial review under Article 226 is directed, not against the
E     decision, but the decision making process. Of course, a patent illegality
      and/or error apparent on the face of the decision, which goes to the root
      of the decision, may vitiate the decision making process. In this case
      there is no such patent illegality or apparent error. In exercise of power
      under Article 226, the Court does not sit in appeal over the decision
      impugned, nor does it adjudicate hotly disputed questions of fact.
F
             27. 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
G     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

H
   SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT.                                   389
COLLECTOR CHITTOOR DISTRICT [INDIRA BANERJEE, J.]

land in question was in fact a water body or the dried bed of a water             A
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.
       28. 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            B
Section 2-A of the 1956 Act. The respondents could not, therefore, be
compelled to grant ryotwari pattas in respect of the said plots.
      29. In this case relief under Article 226 was also liable to be refused
on the grounds of delay, laches, acquiescence and/or omission of the
appellants to assert their right, if any, within a reasonable time after the      C
commencement of the 1956 Act.
       30. At the cost of repetition, it is reiterated that the appellants and/
or their predecessors were tardy and lethargic. The application for patta
was made over two decades after the commencement of the 1956 Act,
when the statute required that such an application be made soon after its         D
commencement.
       31. The Single Bench as also the Division Bench of the High
Court rightly held that it was well settled that poramboke (tank) cannot
be alienated. No patta can be granted in respect of tanks and water
bodies including those that might have dried up or fallen into disuse. The        E
appellants and/or their predecessor in interest had not challenged the
gazette notification of 3rd September, 1984 notifying the entire Survey
No.234 at Tiruchanoor as “Peddacheruvu Poramboke” that is tank.
         32. This Court has time and again emphasized the need to retain
and restore water bodies and held that water bodies are inalienable.              F
Land comprised in water bodies cannot be alienated to any person even
if it is dry. Reference may be made to the judgments of this Court in:
    (1)    Susetha vs. State of Tamil Nadureported in(2006) 6 SCC
          543;
    (2) M.C. Mehta (Badkhal and Surajkund Lakes Matter) vs.                       G
        Union of Indiareported in (1997) 3 SCC 715 and
    (3) Intellectuals Forum v. State of Andhra Pradesh reported in
        (2006) 3 SCC 549

                                                                                  H
390             SUPREME COURT REPORTS                           [2019] 5 S.C.R.


A            33. Both the Single Bench and the Division Bench having concurred
      in their well reasoned findings, interference of this Court is not warranted.
      For the reasons discussed above, I agree with my esteemed sister in
      dismissing the appeal.

B     Divya Pandey                                                  Appeal dismissed.




C




D




E




F




G




H