JUDGMENT :

M.S.Ramachandra Rao, J.

The subject matter of this batch of Writ Petitions is the issue relating to grant of Occupancy Rights Certificates under Sections 4 and 5 of the A.P. (Telangana Area) Inams Abolition Act, 1955 (for short, ‘the Act’) in respect of land admeasuring Acs.11.06 gts., in Sy.No.366, Acs.16.12 gts., in Sy.No.367 and Acs.11.29 gts., in Sy.No.368 of Kanojiguda, Hamlet of Alwal Village, Ranga Reddy District.

2. There is a three-pronged contest among:

(a) Khaja Ahmeduddin, S/o. Late Khaja Abdullah, Khaja Abdul Rahman, S/o. Late Kjaha Abdullah, and Khaja Muneeruddin, S/o.Khaja Ahmeduddin claiming through one Khaja Meeran who contend that they are entitled to Occupancy Rights Certificate under Section 4 of the Act in the capacity of ‘Inamdars’ (henceforth referred to as ‘succesors of Inamdars’);

(b) Mamidi Yadi Reddy and Samala Bhoopal Reddy, who claim Occupancy Rights Certificate alleging that they were ‘Kabiz-e-Kadim’ entitled to be issued such Certificate under Section 5 of the Act or in the alternative as successors-in-interest of the Inamdars after a purchase from some of the Inamdars (Khaja Mohiuddin and others) on 15.01.1960. There was also a plea of oral tenancy also raised by them, but it was not seriously pressed. (henceforth referred to as the ‘Reddy brothers/Kabiz-e-Kadim’)

(c) P. Sunanda and others who claim Occupancy Rights Certificate as successors-in-interest of the Inamdars on the basis of purchases in a Court auction on 19.10.1987 in E.P.No.2 of 1985 in O.S.No.76 of 1971 on the file of the Additional Chief Judge-cum-Principal Special Judge for SPE and ACB Cases, City Civil Court at Hyderabad. (henceforth referred to as the ‘auction purchasers’)

3. There was also a claim to this property by Kothakapu Sai Reddy and 3 others contending that they are protected tenants of the said land and entitled to Occupancy Rights Certificate under Section 7 of the Act, but the same was rejected by the Revenue Divisional Officer, Chevella Division on 24.01.2004. The said order was confirmed by order dt.09.04.2007 in W.P.No.7093 of 2007, and also in W.A.No.540 of 2007 by a Division Bench of the Andhra Pradesh High Court. So their claim no longer survives for consideration.

A brief overview of the Act

4. The A.P. (Telangana Area) Abolition of Inams Act, 1955 was enacted to abolish all Inams other than Village Service Inams and Inams held by Religious and Charitable Institutions, for charge of full assessment for such abolished Inams, for retention by the Inamdar as well as his tenants of lands under their personal cultivation to the extent of the maximum allowed under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and to give adequate compensation for the lands resumed by them.

5. Only Section 1, Section 2, Section 3(1), Clauses (a), (b), (c) and (f) of Section 3, and Sections 33 to 37 were brought into force on 20.07.1955 but the rest of the Sections were brought into force on 01.11.1973. The A.P. (Telangana Area) Abolition of Inams Rules, 1975 were published in the Gazette on 28.06.1975.

6. Immediately after abolition i.e., 20.07.1955, the right, title and interest of Inamdars vested with the State. However, the persons, who fit into the provisions of Sections 4 to 8 are entitled to be registered as occupants and the State would grant Occupancy Rights Certificate upon being satisfied that the concerned person is doing personal cultivation as on 01.11.1973.

The Background facts.

7. With this introduction we shall give a brief background of the facts which resulted in the filing of these Writ petitions before this Court.

RE: Survey Nos.367 and 368

8. In the present case, a Muntakab was issued by a Jagirdar Maharaja Kishan Prashad of the Nizam Government in Tahsil No.1251 in File No.3/11 of 1329 Fasli (1919) in favour of Khaja Jalal. A copy of Muntakab is at page Nos.308 to 312 of Volume I-A.

9. It