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
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:
(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
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 claim....
Possession on the date of vesting is crucial for issuing an Occupancy Rights Certificate under the TS Abolition of Inams Act, 1955.
The court established that occupancy rights under the Inams Act require proof of personal cultivation and that revenue authorities have jurisdiction to grant such rights based on historical possessio....
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.
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....
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