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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Yedati Preetham – Appellant
Versus
Principal Secretary – Respondent
| Table of Content |
|---|
| 1. introduction of facts leading to the application for occupancy rights. (Para 3 , 4 , 5) |
| 2. arguments from both parties regarding land cultivation and condition of occupancy rights. (Para 6 , 7) |
| 3. ratios involving entitlement for occupancy rights based on the 1973 cut-off. (Para 16 , 30) |
| 4. discussion of relevant sections under the act regarding land use. (Para 19 , 20 , 28) |
ORDER :
This Writ Petition is filed to issue writ of Mandamus declaring the action of respondent No.2 in issuing the proceedings in case No.F1/945/2023, dated 03.10.2023, under Section 24 of the A.P (Telangana Area) Abolition of Inams Act, 1955 (for short ‘the Act 1955’), setting aside the Occupancy Rights Certificate issued by respondent No.3, vide proceedings No. J/10064/2015, dated 21.01.2023, in favour of petitioners, as illegal, arbitrary and contrary to the Act 1955, and consequently, to set aside the same.
3. Brief facts of the case, as averred in the writ affidavit, are that the lands admeasuring Acs.21-05 gts forming part of Sy.No.620, situated at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, are inam lands; that Respondent No.3 vide proceedings Nos. J/712/1979 dated 31.08.
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 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....
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....
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