IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Mummineni Sudheer Kumar, J.
Kallem Niranjan Reddy - Appellant
Versus
Principal Secretary, Revenue, Hyderabad - Respondent
Writ Petition No. 11840 of 2014
Decided On : 20-10-2023
ORC - Land Dispute - Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 - Sec. 7, Sec. 24 - The court discussed the claim for grant of Occupancy Rights Certificate (ORC) under Sec. 7 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The court also considered the appeal under Sec. 24 of the Act, 1955, and the remand order issued by respondent No.2 for fresh consideration of the matter.
Fact of the Case:
The petitioners claimed to be the grandsons of late Sri Kallem Malla Reddy and the subject property was stated to have been bequeathed to the petitioners by the said Sri Kallem Malla Reddy under a Will. The petitioners submitted an application under Sec. 7 of the Act, 1955, claiming to be the protected tenants of the subject land for grant of ORC. The order granting Occupancy Rights in favor of the petitioners was challenged by respondent Nos.5 to 12, the legal representatives of late Sri Kallem Bal Reddy, who filed an appeal under Sec. 24 of the Act, 1955, after a delay of thirteen years.
Finding of the Court:
The court found that the petitioners failed to establish their possession of the subject land as on the crucial date of vesting, and that the proceedings granting Occupancy Rights to the petitioners suffered from various defects and deficiencies. The court also noted that the petitioners' claim was based on two different streams, and that the order passed by respondent No.3 lacked findings regarding possession and the validity of the family Settlement and Will deed.
Issues: The issues revolved around the validity of the petitioners' claim for grant of ORC, the delay in filing the appeal under Sec. 24, and the deficiencies in the proceedings granting Occupancy Rights to the petitioners.
Ratio Decidendi: The court held that the appeal under Sec. 24 of the Act, 1955, was rightly entertained after a delay of thirteen years, and that the remand order for fresh consideration of the matter was justified. The court also emphasized the mandatory requirement of establishing possession and the need for proper verification of documents before granting Occupancy Rights.
Final Decision: The court dismissed the Writ Petition, directing respondent No.3 to dispose of the proceedings on remand expeditiously and on its own merits, without being influenced by any previous observations.
JUDGMENT
1. Heard Sri B.Chandrasen Reddy, learned Senior Counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4, Sri P.Harinath Reddy, learned counsel for respondent No.6, Sri K.Srinivas, learned Counsel for respondent Nos.7 and 8 and Sri Kuriti Bhaskar Rao, learned counsel for respondent Nos.13 and 14.
2. The above Writ Petition was filed questioning the order passed by respondent No.2 in case No.F1/5550/2013, dtd. 25/3/2014, setting aside the order, dtd. 20/9/2000, passed by respondent No.3 in proceedings No.J/1735/2000 and remanding the matter back to respondent No.3 to re-examine the case of the protected tenants.
3. The brief undisputed facts, that are relevant for disposal of the present Writ Petition, are as under:-
4. One Sri Kallem Bal Reddy, was recorded as occupant and protected tenant of the land admeasuring Acs.27.30 gts., and Acs.2.17 gts, situated in Sy.Nos.88 and 257 of Balapur Village, Saroor Nagar Mandal, Ranga Reddy District. The petitioners herein made a claim for grant of Occupancy Rights Certificate (for short 'ORC') under Sec. 7 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act, 1955') claiming that the subject land belongs to Sri Kallem Bal Reddy and his two brothers namely Sri Kallem Yella Reddy and Sri Kallem Malla Reddy and Sri Kallem Bal Reddy being the head of the family and eldest son, the subject land was shown in the name of Sri Kallem Bal Reddy in the Revenue records on behalf of the entire family. It is also claimed that the subject land has fallen to the share of Sri Kallem Malla Reddy in the family Settlement that took place in the year 1952.
5. The petitioners herein are claiming to be the grandsons of late Sri Kallem Malla Reddy and the subject property was stated to have been bequeathed to the petitioners herein by the said Sri Kallem Malla Reddy under a Will, dtd. 2/7/1991. It is also the case of the petitioners that in order to avoid any future complications, the petitioners got a Sale Deed executed by the original Inamdar in respect of the subject property under a registered Sale Deed, dtd. 21/9/1970, vide document No.1260/1970. It is further claimed that the petitioners herein have declared the subject property as the land belonging to them under in the declarations that are filed by the petitioners under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act, 1976') and the same was also computed in the holding of the petitioners. Thus, the petitioners claiming to have been in possession of the subject land submitted an application, dtd. 17/7/2000, under Sec. 7 of the Act, 1955, in Form-1 claiming to be the protected tenants of the subject land for grant of ORC. The said application submitted by the petitioners was considered by respondent No.3 and an order was passed in proceedings No.J/1735/2000, dtd. 20/9/2000, granting Occupancy Rights in favour of the petitioners herein in respect of the subject land.
6. Aggrieved by the said proceedings, dtd. 20/9/2000, respondent Nos.5 to 12, who are the legal representatives of late Sri Kallem Bal Reddy filed an appeal under Sec. 24 of the Act, 1955, before respondent No.2 herein on 11/11/2013. The said appeal was entertained by respondent No.2 and the impugned order, dtd. 25/3/2014, was passed setting aside the proceedings, dtd. 20/9/2000 and remanded the matter back to respondent No.3 for fresh consideration after putting all the parties on notice. Aggrieved by the said order, dtd. 25/3/2014, the present Writ Petition is filed.
7. Sri B.Chandrasen Reddy, learned Senior Counsel appearing for the petitioners, contended that the appeal under Sec. 24 of the Act, 1955, was erroneously entertained by respondent No.2 after a lapse of thirteen years without there being any application for condonation of delay. According to learned counsel for the petitioners any appeal under Sec. 24 of the Act, 1955, is required to be filed within
Gali Suvarna and others v. Vadla Raghunandan and others
The main legal point established in the judgment is the requirement to establish possession for grant of Occupancy Rights under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, and t....
The court emphasized the necessity of timely appeals and the importance of recording reasons in administrative decisions, restoring the Occupancy Rights Certificate to the petitioners.
The court emphasized the necessity of recording reasons in administrative decisions and ruled that the Joint Collector exceeded its jurisdiction by remanding the matter without cogent reasons.
Delay in challenging occupancy rights undermines legal integrity; authorities must provide reasons for judicial decisions.
The appeal filed after a lapse of more than 18 years without filing an application for condonation of delay or showing sufficient cause for the delay was improper.
(1) Protected tenancy could be terminated only in a manner known to law.(2) Once a certificate of ownership is granted which is required to be published in Government Gazette, land stands transferred....
Actual possession of land as of 01.11.1973 is essential for granting occupancy rights under the A.P (Telangana Area) Abolition of Inams Act, 1955.
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