2014 Supreme(AP) 57
HIGH COURT OF ANDHRA PRADESH
M.S. RAMACHANDRA RAO, J.
Shankeramma & Others
Versus
Mallari & Others
Review C.R.P.M.P. No. 6715 of 2013 in Civil Revision Petition No. 3367 of 2010
Decided On : 21-01-2014
For the Petitioners:S. Lakashma Reddy, Advocate.
Issues relating to succession cannot be adjudicated by Revenue authorities.
Headnote:Constitution of India-Article 227-Review-In the instant application petitioners seek a review of the order that a comprehensive adjudication of the issue can take place only in a civil court-As held by Joint Collector the issues a relating to succession in this case are two complex-Only a civil court would be in a position to do so-It cannot be disputed that the Revenue authorities such as Joint Collector have not been trained to adjudicate complex issues relating to succession.
Result-Review petition dismissed.
1. This application for Review is filed seeking review of the order dt.20-01-2012 in C.R.P.No.3367 of 2010 of this Court.
2. The said Revision was filed under Art.227 of the Constitution of India by petitioners against respondents challenging the order dt.17-06-2009 in Case No.F1/4431 of 2008 of the Joint Collector-II, Ranga Reddy District (Respondent no.20 herein). The Joint Collector passed the said order under Section 24 of the A.P. (Telanga Area) Inams Abolition Act, 1955 (for short ‘the Act’) reversing the order dt.24-10-2007 in File No.L/2964/2005 dt.24-10-2007 of the Revenue Divisional Officer, Chevella (Respondent no.21 herein) whereunder the latter decided about grant of Occupancy Rights under Section 8 of the Act in respect of land of an extent of Ac.0-18 gts. in Sy.No.214, Ac.1-37 gts. in Sy.No.215 and Ac.3.01 gts. in Sy.No.217 of Palmakul village, Shamshabad Mandal, Ranga Reddy District.( for short ‘the subject land’).
3. As per the Classer register, the above land is a Mafi inam land recorded in the name of one Maqsood Ali Khan, S/o.Mehdi Jung Bahadur. As per the extract of Tenancy Register furnished by the respondents before the Revenue Divisional Officer, one Mallari Ballamma was the protected tenant in respect of Old Sy.No.10 comprising Ac.79. She died in 1965.
4. Originally the Revenue Divisional Officer, Chevella Division vide order dt.10.6.2005 in File No.L/1078/2004 granted Occupancy Rights Certificate (ORC) in favor of petitioners herein under Section 8 of the Act in respect of the subject land.
5. This was challenged by respondents before the Joint Collector, Ranga Reddy District in File Ref.F1/4537/2005. The said Appeal was allowed on the ground that there was no discussion of the issues on merits and the case was remitted to the Revenue Divisional Officer, Chevella for fresh adjudication on merits.
6. After remand, the Revenue Divisional Officer, Chevella in Ref.L/2964/2005 dt.24.10.2007 rejected the claim of the respondents and issued ORC in favor of the Venkateshwara Vyavasaya Sangam (24 others) and one Prabhaji Rao. He confirmed the order dt.10-06-2005 of the Revenue Divisional Officer in File No.L/1078/2004 and rejected the claim of the respondents on the ground that there are no protected tenants and no certificates under Section 38-E of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 were issued in respect of this land.
7. This order was challenged before the Joint Collector -II, Ranga Reddy under S.24 of the Act by the respondents.
8. The respondents contended that they are legal heirs of Mallari Balamma; that she was protected tenant in respect of Sy.Nos.210, 214, 215, 216, 217, 238, 239, 240 and 241 (Old Sy.No.10) situated at Palmakul village, Shamshabad Mandal, Ranga Reddy District including the subject land; that the Mandal Revenue Officer granted certificate under Section 38-E of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 in favour of legal heirs of late Balamma, w/o Mallari; that her family members had formed Venkateshwara Vyavasaya Sangam (for short ‘the Sangham’); that this Sangham was in possession of the subject land; this was also reflected in the pahani patrika of 1973; and so, they are entitled to an ORC.
9. The petitioners opposed the grant of ORC to respondents contending that they are in possession of the subject land; that they are members of the Sangham; that ORC was issued by the Revenue Divisional Officer, Chevella in favour of petitioners vide proceedings dt.10.6.2005 in Case No.L/1078/2004 of the Revenue Divisional Officer, Chevella; thereafter mutation was affected in their names and pass books were issued in their favor; and that they later sold the land in favor of different persons by executing registered sale deed and handed over physical possession of land to the purchasers.
10. By order dt.17-06-2009, the said appeal was allowed and the ORC dt.19-04-2006 issued by proceedings L/2964/2005 dt.24-10-2007 by the Revenue D