1997 A I H C 1979 ::(1997) 1 LS 286 ::(1997) 1 APLJ 362 ::(1997) 4 Andh LT 409 ::(1997) 2 AndhLD 459

Andhra Pradesh High Court

Hon'ble Judge(s): S. V. Maruthu , J

(A) A. P. (Andhra Area) Estates Land Act (1 of 1908) , S.3(1)(16)— Ryoti land - Grant of patta - Validity - Land not cultivated though capable of cultivation, due to adverse seasonal conditions etc. and used for pasturage purpose - Said land does not cease to be an agricultural land or a ryoti land - Inference that patta granted to party was not genuine cannot be drawn from mere fact that part of said land was used for pasturage. Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.11— Agriculture includes pasturage and the mere fact that land is not cultivated though it is capable of cultivation on account of adverse seasonal conditions or some other special reasons it does not cease to be a land capable of cultivation. Therefore, as long as the land in respect of which the petitioners were granted pattas is capable of cultivation, the mere fact that a part of the land is used for pasturage purpose, it does not cease to be an agricultural land or a ryoti land. Therefore, the ground that the land is being used as pasture land by the pattedars and consequently the pattas granted to the petitioners are not genuine, cannot be sustained. No inference that the pattas granted to the petitioners are not genuine can be drawn from the mere fact that a part of the land is used for pasturage.(Para 16 ....