2024 Supreme(Telangana) 1183
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA, J.
Qazi Nawabuddin - Appellant
Versus
District Collector, Adilabad District and others - Respondent
CRP No.1587 of 2023
Decided on : 01-02-2024
For the Appellant : P. Sasidhar Reddy
For the Respondent: Government Pleader for Revenue; S. Chandra Sekhar
The principles of natural justice must be adhered to in administrative decisions, particularly regarding party identification and adjudication processes.
Headnote:(A) Relevant Laws - Principles of Natural Justice - The judgment discussed the principles of natural justice regarding the proper adjudication of appeals and administrative errors in orders. (Paras 2, 4, 6)
(B) Legal Status of Inam Land - The subject land is considered Qazi Service Inam Land and cannot be alienated; it is heritable and successors must continue the duties associated with it. (Paras 2, 3)
Facts of the case:
The petitioner is the legal heir of Qazi Service Inam land and contests unauthorized encroachment by a third party. Previous orders from revenue authorities were breached, resulting in continued possession disputes. (Paras 2, 3)
Findings of Court:
The court found that the District Collector made errors in identifying the parties and the status of the appeal, failing to adhere to earlier court directives. (Paras 6, 8)
Issues: The main issue was whether the District Collector properly adjudicated the appeal filed against a prior revenue order and recognized the proper parties in the dispute. (Paras 4, 6)
Ratio Decidendi: The court emphasized adherence to established court orders and principles of natural justice, finding the District Collector's order flawed due to misidentification of parties and failure to follow procedure. (Paras 6, 8)
Result: The impugned order dated 24.03.2023 was set aside and remanded for fresh adjudication.
| Table of Content |
|---|
| 1. ownership and history of the subject land (Para 1 , 2) |
| 2. confusion in the cause title and order details (Para 3 , 7) |
| 3. misunderstanding of the original order by the district collector (Para 4 , 5) |
| 4. remanding the case for fresh decision (Para 8) |
| 5. disposition and closure of the civil revision petition (Para 9) |
ORDER :
K. SUJANA, J.
Aggrieved by the impugned order, dated 24.03.2023 in Case No.F1/911/2019 passed by the District Collector, Adilabad District, the present Civil Revision Petition.
2. The Case No.F1/911/2019 is filed by the petitioner stating that he is the owner and possessor of land admeasuring Ac.6-35 guntas in Sy.No.2 situated at Bhadi Village, Bela Mandal, Adilabad District (herein after referred to as ‘the subject land’). The subject land was originally stood in the name of the grandfather of the petitioner by name Azeezuddin. The subject land was Qazi Service Inam Land, which was granted in favour of the grandfather of the petitioner for performing the duties of ‘Qazayat’ and maintenance of Jama Masjid Bela during his lifetime and after the demise of the grandfather of the petitioner, the subject land was succeeded by the father of the petitioner by name Abdul Ghani, who cultivated the subject land during his lifetime. Since, the subject land is Qazi Service Inam land, which cannot be alienated but it can only be heritable. The subject land was granted in favour of the grandfather of the petitioner in consideration of the performance of services in the capacity of Qazi in the Muslim community. The petitioner and his father succeeded to the same being the legal heirs of the original Inamdar and continuing to discharge the duties as Qazi; the name of the petitioner was also found in the report of the Survey Commissioner at Column No.9 of Survey Wakf Property and the subject land was also notified as Wakf Property in A.P. Gazette No.A Supplement to Part-2, dated 04.01.1990. It is further stated that in the year, 1963, the father of the petitioner, during his life time, executed an unregistered lease deed in favour of respondent No.4 for Rs.1,200/- only for a period of six years and the said lease period was expired in the year, 1969. Thereafter, the father of the petitioner requested respondent No.4 to return back the physical possession of the subject land. Since, respondent No.4 refused to deliver the same by continuing in unauthorized encroachment of the same, which is detrimental to the right, title, interest and physical possession of the petitioner over the subject land and having vexed with the illegal encroachment over the subject land by respondent No.4, the petitioner had approached the Authority of the Revenue Divisional Officer, Adilabad with a request to evict respondent No.4 from the illegal encroachment and unlawful possession over the subject land and sought for restoration of the same in favour of the petitioner. The then Revenue Divisional Officer vide order, dated 18.09.2003 in proceedings No.J/2911/2002 directed the Mandal Revenue Officer, Bela Mandal to hand over the possession of the subject land to the petitioner without standing crop by conducting panchanama. Accordingly, a panchanama was drawn on 20.01.2004 and the physical possession of the subject land was delivered to the petitioner. Thereafter, challenging the order, dated 18.09.2003 passed by the then Revenue Divisional Officer, Adilabad, respondent Nos.4 to 6 filed W.P.No.1526 of 2004 before this Court on the premise that an appeal is being preferred before respondent No.1 i.e., District Collector, Adilabad on 22.12.2003 and the same is still pending, wherein no interim orders were passed suspending the order, dated 18.09.2003 passed by the then Revenue Divisional Officer, Adilabad. This Court, vide order, dated 30.01.2015 directed respondent No.4 therein (respondent No.1 herein) to dispose of the appeal within a period of six months observing that there is violation of principles of natural justice and granted stay