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2023 Supreme(Telangana) 960

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
M.G. PRIYADARSINI, J.
Bokka Srinivas Reddy – Appellant
Versus
The Revenue Divisional Officer, Keesara Division and Others – Respondents
Civil Revision Petition No. 1619 of 2019
Decided On : 21-12-2023

Advocates:
Advocate Appeared:
For the Appellant : S. Lakshmi Kanth
For the Respondent: G. Vasantha Rayudu

The court confirmed that Occupancy Rights Certificates were validly issued under the A.P. (Telangana Area) Inams Abolition Act, 1955, emphasizing the precedence of ownership rights over tenancy claims.

Headnote:(A) A.P. (Telangana Area) Inams Abolition Act, 1955 - Section 3(1) - Civil Revision Petition challenging orders of Joint Collector and Revenue Divisional Officer regarding Occupancy Rights Certificate for inam lands - The petitioner contended that the orders were issued contrary to the provisions of the Inam Abolition Act, while the respondents claimed ownership through valid sale deeds - The court found no illegality in the impugned orders, confirming the issuance of ORC under the Inam Abolition Act, not the Tenancy Act. (Paras 1, 4, 13, 16)

Facts of the case:
The petitioner filed a Civil Revision Petition against the Joint Collector's order confirming the issuance of Occupancy Rights Certificates (ORC) to various respondents over inam lands, asserting that the orders were contrary to the Inam Abolition Act.

Findings of Court:
The court upheld the orders of the Joint Collector and Revenue Divisional Officer, confirming the legality of the ORC issued, as the petitioner failed to establish any illegality.

Issues: The main issues were whether the ORC was issued under the correct legal provisions and the validity of the claims regarding possession on the crucial date.

Ratio Decidendi: The court ruled that the ORC was validly issued under the Inam Abolition Act, and the arguments regarding the Tenancy Act were unsustainable. The court emphasized the importance of established ownership rights and the procedural correctness of the issuance of ORC.

Result: Civil Revision Petition dismissed.

ORDER :

1. Aggrieved by the order dated 28.11.2017 in Case No. F1/853/2017 passed by the Joint Collector, Malkajgiri-Medchal District confirming the orders dated 28.12.1986 passed by the Revenue Divisional Officer, Hyderabad in File No. H/8483/85, dated 28.02.2011, the petitioner filed the present Civil Revision Petition.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the Joint Collector, Medchal-Malkajgiri District.

3. Originally one Sri Vengala Ramalinga Reddy has filed an application before the Revenue Divisional Officer, Hyderabad, East Division, Ranga Reddy District for grant of Occupancy Rights Certificate in respect of lands in Sy. Nos.209, 216, 217, 218 of Girmapur Village. In the said proceedings, objections petitions were filed by Bokka Raji Reddy, Babureddi Chinna Anjaiah and M. Kishan Rao and six others. The Revenue Divisional Officer has granted Occupancy Rights Certificate in favour Vengala Ramalinga Reddy and also in favour of Bokka Raji Reddy and B. Anjaiah over the land bearing Sy. No. 209 to an extent of Ac. 0.38 guntas with equal shares. Respondent Nos. 3 and 4 were granted Occupancy Rights Certificate in respect of the lands purchased by them from the sons of original inamdar vide orders, dated 28.02.1991 in File No. L/1596/89. Aggrieved by the same, the revision petitioner filed appeal before the Joint Collector, Ranga Reddy District vide Case No. F1/3223/2014, which was dismissed on 30.01.2016 on the ground that the appeal was filed after lapse of 29 years. Aggrieved by the same, the revision petitioner has preferred Civil Revision Petition No. 3140 of 2016, which was allowed by setting aside the orders of the Joint Collector, Ranga Reddy District in Case No. F1/3223/2014 and remanded the matter back for fresh disposal on merits. Accordingly, the Joint Collector, Ranga Reddy District has considered the matter afresh and dismissed the appeal on merits confirming the proceedings of Revenue Divisional Officer, dated 28.02.1986 and 28.02.1991 in File No. H/8443/1985 and L/1596/1989 respectively. Aggrieved by the same, the revision petitioner has preferred the present revision petition.

4. The brief facts, which necessitated the revision petitioner to file the present Civil Revision Petition, as can be seen from the impugned order are as under:

    (a) Originally the land to an extent of Ac. 6.24 guntas in Sy. No. 212, Ac. 8.03 guntas in Sy. No. 214, Ac. 20.07 guntas in Sy. No. 216, Ac. 17.31 guntas in Sy. No. 217 and Ac. 15.23 guntas in Sy. No. 218 total admeasuring Ac. 68.08 guntas situated at Girmapur Village, Medchal Mandal, Medchal-Malkajgiri District and the said land is classified as “panmaktha” as per Khasra Pahani for the year 1954-55 and Dastagarda as per crucial date i.e. 01.11.1973. The subject land is inam land, which stands in the name of Inamdar Late M. Srinivas Rao, who has two sons namely M. Rama Rao and M. Krishna Rao. M. Rama Rao died leaving behind his major son M. Madhusudhan Rao. M. Krishna Rao had one major son. M. Krishna Rao and M. Hanmanth Rao and M. Madhusudhan Rao have filed their declarations in Form-I under A.P. L.A. (Ceiling on Agricultural Holdings) Act, 1973 under Section 8/18 wherein declared the subject lands were in possession of one late Mettu Balaiah @ Bokka Bal Reddy for the past more than 20 years on the date of declaration.

    (b) The authority has issued ORC in file No. H/8483/85, dated 28.02.1986 in respect of subject lands in favour of V. Ramalinga Reddy taking into consideration of only protected tenant though the appellants grandfather were in possession of the property on crucial date i.e. 01.11.1973 and pahani for the year 1973-74. Further, the appellant submit that as per Section 3 (1) of the A.P. (T.A) Abolitions of Inams Act, 1955, on abolition of Inams, the ownership rights vested to the state and no other Acts and status of tenancy is not applicable to the state property. In the instant case the ORC issued not under th

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