This Civil Revision Petition, filed under Article 227 of the Constitution of India, is directed against the order, dated 31-12-2005 in Appeal No. F2/21/2005 passed by the Joint Collector, Mahaboobnagar (first respondent), dismissing the appeal filed under Section 24(1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, against the order dated 19-11-2002 in file No. K/166/2002 passed by the Revenue Divisional Officer, Mahaboobnagar (second respondent).

2. The brief facts that are necessary for disposal of the present revision petition may be stated as follows:

The petitioners 2 and 3 herein and the respondents 3 and 4 filed declaration in Form No. 1 prescribe under sub-rule (2) of Rule 5 of the Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 for registering them as occupants of lands bearing survey Nos. 401 in an extent of Ac.2.28 guntas situated at Inmulnarva village under Section 4(1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. On receipt of the said applications, the Primary Tribunal issued notice in Form No. II as required under Rule 6 of the Rules to all the interested persons and got served in the manner provided. The lands in question are classified as Dastagarda Inam and Syed Hussain was the original Inamdar of the lands. The said original Inamdar had 3 daughters viz. Mahaboob Bee, Bismilla Bee and Sharifa Bee. The petitioners 4 to 6 are sons of the first daughter by name Mahaboob Bee, whereas the respondents 3 and 4 are sons of Syed Abdul Khader, who is no other than younger brother of original inamdar.

3. As seen from the impugned order, the original inamdar Syed Hussain died about 40 years back leaving behind him the 3 daughters. After death of said Syed Hussain, his younger brother Abdul Khadir was found to be in possession of the property and after making local enquiry it was established that Abdul Khadir was in physical possession and enjoyment of the schedule land for the last 40 years and he had performed marriages of the 3 daughters of the original inamdar and therefore the occupancy right certificate was issued in favour of the respondents 3 and 4 by the Tribunal. The said order was confirmed in the appeal by the first respondent. Challenging the same, the present revision petition is filed.

4. The learned counsel for the petitioners contended that, the original inamdar, who was a Mulla, died subsequent to passing of the Inams Act, 1954; that, there is no material to show that the respondents 3 and 4 were in possession of the property; that, the revenue records have not been mutated and in the revenue records, name of the original inamdar was reflecting; that, conducting of a discreet enquiry is a valid enquiry under law; that, the respondents 3 and 4 or their father, are nothing to do with the land in question; that, father of the respondents 3 and 4 is not an inamdar nor they are tenants of original inamdar nor they come within the meaning of kabiz-e-kadim; therefore, granting of occupancy right certificate in their favour is totally unsustainable and incorrect. Hence, he prayed to set aside the same.

5. On the other hand, the learned counsel for the respondents 3 and 4 contended that, the respondents 3 and 4 come within the meaning of kabiz-e-kadim and the family of respondents 3 and 4 have been vested with the duties of village Mulla and the land was given to their family as inam; that, on the date of vesting of the land, the respondents were in possession and enjoyment of the land and therefore occupancy right certificate has been rightly granted in their favour; that, the orders passed by the appellate authority shall be final and they cannot be revised by this Court and so this Civil Revision Petition is not maintainable. Hence, he prayed to dismiss this Revision.

Both the counsel placed reliance on several decisions, which will be referred to at appropriate stage.

6. Under Section 24(2) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act