The Inams Abolition Act grants occupancy rights solely to charitable institutions, establishing that properties classified as endowment lands do not vest individual ownership rights.

ORDER :

Heard Sri Chikkudu Prabhakar, learned counsel for the petitioners and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4, learned standing counsel appearing for temple. Perused the material available on record.

2. This writ petition is filed challenging the order in case No.FI/6183/2004 dated 22.09.2006 passed by respondent No.1 in confirming the orders in File No.L/708/1999 dated 27.10.2003 of respondent No.2 in the appeal filed under Section 24 of A.P.(T.A.) Abolition of Inams Act, 1955 (for short ‘Act 1955’) in respect of land in Sy.Nos.10 to 29, 31, 33, 230 to 238, 273 to 275 and 366 total admeasuring Ac.77-30 guntas situated at Malkapur village, Chevella Mandal, Ranga Reddy District (hereinafter referred as ‘subject lands’).

BRIEF HISTORY:

3. The petitioners are appellants in Case No.F1/6183/2004 before the respondent No.1/Joint Collector-I, Rangareddy District. The Appeal was filed being aggrieved by the orders passed by respondent No.2 dated 27.10.2003 vide file No.L/708/1999, whereby the Revenue Divisional Officer, Chevella has granted Occupancy Rights Certificate (for short ‘ORC’) in favour of Deval Balaji in respect of the subject lands.

4. Facts in brief as stated in this writ petition are that the petitioners claims to be owners and exclusive possessors of subject lands owned by their predecessors. The petitioner No.8 is the legal heir of late Venkat Reddy who had two sons by name Sri S. Narayana Reddy and the petitioner No.8 herein, one S. Malla Reddy, who died leaving behind him two sons by name Sri S. Srinivasa Reddy and Sri S. Raji Reddy i.e., the petitioner Nos.2 and 3 herein. The petitioner Nos.4 to 9 are the only legal heirs of late Chandra Reddy, who died leaving behind him his two sons late Venkat Reddy and late Dharma Reddy. Sri Venkat Reddy died leaving behind him Sri S. Narasimha Reddy, Sri S. Kista Reddy and Sri S. Penta Reddy i.e. the petitioner Nos.4 to 6 respectively. Sri Dharma Reddy died leaving behind him sons i.e., petitioner Nos.1,7 and 9. The petitioner Nos.10 to 12 are the legal heirs of Sri Ram Reddy who had two sons namely Sri Ramchander Reddy, Sri Ram Reddy and Sri Anantha Reddy. Sri Ramchander Reddy died leaving behind him Sri Linga Reddy the petitioner No.10. The second son of Sri Ram Reddy died leaving behind him i.e., Sri Anji Reddy, the petitioner No.11 herein. The petitioner No.12 is son of Sri S. Malka Reddy and petitioner Nos.13,14 and 15 are the sons of Sri S. Adivi Reddy. All the petitioners claims to be owners and possessors of the schedule lands totally admeasuring Ac.77.30 guntas and would submit that they were in possession and having enjoyment rights from their fore-fathers and their fathers. The petitioners submits that the schedule lands are patta lands but not temple inam lands and the names of late Sri Venkat Reddy, Sri Chandra Reddy and Sri Ram Reddy have been recorded as pattedars and cultivators in possession, in the revenue records particularly in the Khasra pahani for the year 1954-55, therefore, no enquiry as contemplated under Section 4 of the Act, 1955 can be conducted in respect of the schedule lands.

5. It is submitted that Balaji Venkateswara Swamy Devasthanam, Chevella has no right to claim any ORC in respect of the schedule lands and if at all the schedule lands have been accorded to the said Balaji Devasthanam, it was done behind the petitioners back and it is not binding on the petitioners. The petitioners further submits that they are entit