Back
1993 Supreme(AP) 245
Andhra Pradesh High Court
Judges : S.V.MARUTHI, V.SIVARAMAN NAIR
B.Ramender Reddy - Appellant
Versus
District Collector, Hyderabad District - Respondent
Decided On : 04-27-93
Headnote:
ANDHRA PRADESH (TELANGANA AREA) ABOLITION OF INAMS ACT, 1955 - SECTIONS 1(3)(A), 1(3)(B), 2(1)(B), 3, 3(2), 3(2)(B), 3(2)(H), 4, 4(1), 4(3), 10, 33, 34, 35, 36, 37 - HYDERABAD TENANCY AND AGRICULTURAL LANDS ACT, 1950 - SECTIONS 19(2), 28, 28(1), 28(2), 32, 32(2), 44, 44(2) - REVENUE DIVISIONAL OFFICER - COLLECTOR - DISTRICT COLLECTOR - OCCUPANCY RIGHTS - VESTING OF INAMS - DATE OF VESTING - ABOLITION OF INAMS - CONSEQUENCES OF ABOLITION - RIGHTS, TITLE AND INTEREST - INAMDAR - KABIZ-E-KADIM - PERMANENT TENANT - PROTECTED TENANT - NON-PROTECTED TENANT - COMPENSATION - RELATIONSHIP BETWEEN INAMDAR AND TENANT - SAVING OF RIGHTS AND OBLIGATIONS - APPLICATION OF HYDERABAD TENANCY AND AGRICULTURAL LANDS ACT - MUTUAL RIGHTS AND OBLIGATIONS - LAND REVENUE - RESUMPTION OF POSSESSION - TERMINATION OF TENANCY - NOTICE - APPLICATION FOR POSSESSION - ABKARI RIGHTS - TREES - RIGHT TO TAP TREES - RIGHT TO GET OCCUPANCY RIGHT - RELEVANT DATE - GRAZING LAND - ALIENABILITY OF INAMS - TRANSFER OF INAMS - SUCCESSOR-IN-INTEREST.
Fact of the Case:
The petitioners in the first set of writ petitions are the legal representatives of one Dr. Pulla Reddy. Petitioners 1, 2 and 3 in all these set of writ petitions are the sons of Dr. Pulla Reddy while the 4th petitioner is the wife of late Dr. Pulla Reddy i.e., mother of the petitioners 1, 2 and 3. Petitioners 5 and 6 are the sons of one Guru Murty who claim to be in possession of a small extent of the disputed land under an agreement of sale with late Dr. Pulla Reddy. The petitioners in the other set of writ petitions viz., 15134/84,15328/84, 7383/85 and 13169/85 figure as respondents in the above set of W. Ps. The petitioners in the second set of writ petitions claim as successors-in-interest of the original inamdar Hasan Mohammed who was given the property in dispute as grant.
Finding of the Court:
The relevant date for the purpose of recognizing the occupancy rights under Sections 4 to 8 of the Act is 1-11-1973. If, on that date, either the inamdar or the different categories of tenants are in possession of the land, they would be entitled to seek grant of occupancy rights. On the facts of the present case, the Collector found that neither the successors-in-interest of the inamdar nor the so-called purchasers from the original inamdar were in possession of the inam lands, even as on 20-7-1955. Therefore, the question of they being in possession of the inam property as on 1-11-1973 does not arise. Consequently, they are not entitled for grant of any occupancy rights under Section 4 of the Act. Alternatively the Collector found that the land in dispute is grazing land and therefore no patta can be granted in respect of the land, under Section 4 of the Act. We agree with him. In any view of the matter, there are no merits in these appeals and they are accordingly dismissed.
Issues: 1. What is the date of vesting for the inams under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955? 2. Whether the District collector having dismissed the appeals filed by the so-called successors-in-interest of the inamdar, is justified in reversing the finding of the Revenue divisional Officer that the appellants are in possession of the land and therefore entitled for grant of occupancy rights.
Ratio Decidendi: 1. The date of vesting for the inams under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 is 20th July, 1955 for the purposes of Section 3(2)(a), (b), (c), (e) and (f) and Section 3(3) and Section 34 and 1st November, 1973 for the purpose of the other provisions of the Act. 2. The District collector is justified in reversing the finding of the Revenue divisional Officer that the appellants are in possession of the land and therefore entitled for grant of occupancy rights, as the appellants failed to establish that they were in possession of the land on the relevant date, namely, 1st November, 1973.
Final Decision: The appeals are dismissed.
( 1 ) THESE Writ Appeals arise out of the common judgment of the learned single judge dismissing the Writ Petition Nos. 8734 to 8737 of 1983 and 15134/84, 15328/84, 7383/85 and 13169/85.
( 2 ) THE petitioners in W. P. Nos. 8734, 8735, 8736 and 8737 of 1983 are the Legal representatives of one Dr. Pulla Reddy. Petitioners 1, 2 and 3 in all these set of writ petitions are the sons of Dr. Pulla Reddy while the 4th petitioner is the wife of late Dr. Pulla Reddy i. e. , mother of the petitioners 1, 2 and 3. Petitioners 5 and 6 are the sons of one Guru Murty who claim to be in possession of a small extent of the disputed land under an agreement of sale with late Dr. Pulla Reddy. The petitioners in the other set of Writ Petitions viz. , 15134/84,15328/84, 7383/85 and 13169/85 figure as respondents in the above set of W. Ps.
( 3 ) THE petitioners in the second set of writ petitions i. e. , W. P. Nos. 15134/84, 15328/84,7383/85 and 13169 of 85 claim as successors-in-interest of the original inamdar Hasan Mohammed who was given the property in dispute as grant. The petitioners in the first set of writ petitions figure as respondents in these four writ petitions.
( 4 ) THE petitioners in W. P. Nos. 8734 to 8737 of 1983 claim that they should be registered as occupants of Ac. 73. 15 gts. of land situated in S. Nos. 76 to 83 of bowenpalli village of Secunderabad under Section 4 (1) of Andhra Pradesh (Telangana area) Abolition of Inams Act, 1955 (herein after called as the Act ). The petitioners in the second set of writ petitions also claim for registration as occupants of Ac. 73. 15 gts. of land situated in Bowenpalli village, Secunderabad.
( 5 ) THE above extent of land i. e. , Ac. 73. 15 gts. of land is a part of Ac. 191. 24 guntas of land called by the name "hasan Mohammad Kancha" which is situated at Bowenpalli village, Secunderabad. Originally this kancha was granted as an Inam under a Muntakab to one Hasan Mohammad who was dead long years back. The respondents in the first set of writ petitions who are the petitioners in the second set of petitions claim to be the heirs of Hasan mohammad. The petitioners in the first set of writ petitions claim as registered occupants of the above extent of land on the basis of adverse possession.
( 6 ) OUT of the extent of Ac. 191-24 gts, Ac. 100-00 were acquired by the government for the Armed Forces Co-operative Housing Society, Secunderabad. Another extent of Ac. 1-20 gts. was acquired for the A. P. State Electricity Board and an extent of Ac. 13-03 gts. is situated in Hasmatpet, Rangareddy district. In the remaining lands there is a tank separating over Ac. 13-03 gts. Both the sets of petitioners are making rival claims for the grant of certificates under the Act with respect to the remaining extent of land i. e. , Ac. 73-15 gts. of the above kancha.
( 7 ) THE claim of the petitioners in the first set of writ petitions is that the original Inamdar had entered into an agreement with Dr. Pulla Reddy agreeing to sell an extent of Ac. 179-04 guntas on 16-7-1967 out of the above kancha in consideration of Rs. 10,000/- and that Dr. Pulla Reddy was put in possession of that land. Therefore, they filed applications on 28-9-1985 for the grant of certificate of occupancy with respect to the abovementioned Ac. 73-15 gts. of land. They claim to be in possession of the land and personally cultivating the same at the relevant point of time, namely, 1st November, 1973.
( 8 ) ACCORDING to the first set of petitioners in the year 1960 O. S. No. 27 of 1960 was filed on the file of the City Civil Court, Hyderabad, by some of the heirs of the inamdar against their tenants relating to the above kancha property. A receiver was appointed in that suit who took possession of the property on 21-9-60. Thereafter on 25-9-60, Dr. Pulla Reddy had entered into an agreement to purchase the above property under which he paid Rs. 10,000/- to his vendors. O. S. No. 27/60 was later compromised between the part
