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2025 Supreme(Telangana) 612
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Smt.K. Jyothi, W/o.K. Raghuram Reddy - Appellant
Versus
The Government of Andhra Pradesh and others - Respondent
W.P.No.5455 of 2008
Decided on : 01-04-2025
Advocate Appeared:
For the Appellant : Sri T. Srikanth Reddy, learned counsel representing Ms.K.Hemalatha
For the Respondent: Sri V. Narasimha Goud, Sri Srinivas Rao Pachwa
Occupancy rights cannot be granted for lands submerged under a water body, as per the A.P. (T.A.) Abolition of Inams Act, 1955.
Headnote:(A) A.P. (T.A.) Abolition of Inams Act, 1955 - Sections 3 and 4(1)(a) - Limitation Act, 1963 - Section 5 - Writ petition challenging the order of the Joint Collector quashing occupancy rights certificates for lands submerged under Saroornagar Tank - The petitioners claimed ownership based on earlier grants, but the Joint Collector found the appeal against the original order was filed after 24 years without notice to the petitioners, violating principles of natural justice. (Paras 10, 12, 21)
(B) Land Acquisition Act - Compensation - The court noted that previous orders mandated compensation for land acquisition, but the petitioners failed to present valid claims or documents to support their ownership. (Paras 8, 18)
(C) Res Judicata - The court held that the earlier orders were binding and the petitioners could not contest the appeal due to their absence during proceedings. (Paras 19, 21)
Facts of the case:
The petitioners, claiming ownership of land in Karmanghat village, challenged the Joint Collector's order that quashed their occupancy rights certificates, asserting that the land was submerged under Saroornagar Tank and thus not cultivable.
Findings of Court:
The Joint Collector's order was upheld, confirming that the land was submerged and the occupancy rights certificates were improperly granted.
Issues: Whether the lands were submerged and if occupancy rights could be granted under the Act.
Ratio Decidendi: The court ruled that the lands fell within the tank bed area, thus occupancy rights could not be granted as per the provisions of the A.P. (T.A.) Abolition of Inams Act, 1955.
Result: Writ petition dismissed.
ORDER :
N.V. SHRAVAN KUMAR, J.
This writ petition is filed seeking to quash order of the Joint Collector/respondent No.4, dated 10.01.2008 in proceedings in Case No.F1/173/2004 passed by respondent No.4 in Appeal, which has been filed by respondent No.6/the Mandal Revenue Officer – cum – Deputy Commissioner, Saroornagar Mandal, R.R. District and seeking consequential direction to pay compensation to the petitioners, in accordance with the earlier decisions of this Hon’ble Court in W.P.No.24627 of 1998, W.P.No.22620 of 1998 and W.P.No.19632 of 2001.
2. Heard Sri T. Srikanth Reddy, learned counsel representing Ms.K. Hemalatha, learned counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7, Sri V. Narasimha Goud, learned Standing Counsel appearing for respondent No.8 and Sri Srinivas Rao Pachwa, learned Standing Counsel appearing for respondent No.9. Perused the record.
3. Facts in brief are as follows:
The petitioners, who are 48 in number, are claiming as the owners of various extents of land comprising of Sy.Nos.250 to 260 and 263 to 304 of Karmanghat village, Saroornagar Mandal. It is their case that the earlier Pattas were granted to their predecessors and the title of the petitioners were purported to be cancelled by the impugned order.
4. It is submitted that originally lands situated in Sy.Nos.250 to 260 and 263 to 304 were the Inam lands granted to one Mr. Khasimuddin Hussain, the predecessor in title of respondent Nos.10 to 14. Respondent No.15 was recognized and recorded as the protected tenant on the said lands. Certain disputes arose between said Inamdar(Khasimuddin Khan) and tenant – Mr.V. Bikshapathy Reddy/respondent No. 15, which were ultimately settled and adjudicated by the Hon'ble High Court of Andhra Pradesh vide its order, dated 18.12.1967 passed in C.R.P.No.1343 of 1966.
5. In the meantime, the provisions relating to grant of pattadar rights under the AP (TA) Inams Abolition Act, 1955 have been implemented with effect from 01.01.1973. Thereafter the Inamdar Mr.Khasimuddin and respondent No.15 applied for grant of pattadari rights (ORC) in respect of their respective extents in the subject lands in the same proportion as adjudicated upon by this Hon'ble High Court in its Order, dated 18.12.1967 in CRP No.1343 of 1966. Thereafter, the Collector as the appellate authority and the Sub Collector as Tribunal under the Inams Abolition Act had refused to grant Occupancy Rights Certificate (Pattas) to the predecessors in title of the petitioners viz., respondent Nos.10 to 15. Later, they filed W.P.No.4212 of 1979 before this Court and vide order, dated 29.01.1980, this Court directed the respondent Nos.3 and 5 to grant Occupancy Rights Certificate (ORC) to respondent Nos.10 to 15 in proportion to the rights as decided in CRP No.1343 of 1966, dated 18.12.1967. Thereafter vide proceedings, dated 03.05.1980 respondent Nos.3 to 5 ordered issuance of Occupancy Rights Certificate to the extent of 55% to respondents Nos.10 to 14 and 45% to respondent No.15 vide Certificate, dated 06.06.1980. Thereafter, following the proceedings of the Tribunal, dated 30.05.1980 Certificates, dated 06.06.1980 were issued.
6. It is further submitted that in pursuance of the final order of patta (ORC) under the Inams Abolition Act, the pattas were also implemented and mutated in the revenue records vide proceedings, dated 07.06.1989 by the Madal Revenue Officer, Saroornagar Mandal under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971.
7. It is further submitted that by virtue of the said orders, respondent No.10 to 15 had transferred their right, title and interest in favour of various petitioners by virtue of several documents. In the meanwhile, Respondent Nos.1 to 9 have purported to raise the level of Tank Bund and weir on the Saroornagar tank in the year 1996 for the purpose of increasing its capacity under the guise of improving the environment and be
