ORDER :

K.LAKSHMAN, J.

Heard Sri V.Ravi Kiran Rao, learned Senior Counsel representing Sri V.Rohith, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Revenue, appearing on behalf of the respondent Nos.1 to 5 and Sri E.Madan Mohan Rao, learned Senior Counsel representing Sri Kusuru Satyanarayana, learned counsel appearing on behalf of the respondent Nos.6 to 13.

2. W.P.No.12131 of 2024 is filed challenging the order passed by the respondent No.3 i.e, Additional Collector, Revenue (FAC), Ranga Reddy District in Case No.F1/5731/2016 dated 30.05.2023 remanding the matter to the Revenue Divisional Officer, Shadnagar by setting aside the Occupancy Rights Certificate issued in favour of the petitioners’ father i.e., Balsetty Chinnaiah vide D.Dis.No.IA/5418/78 dated 26.01.1981 under Section 24 of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short “the Abolition of Inams Act, 1955 ).

3. W.P.No.15971 of 2024 is filed challenging the order passed by the respondent No.3 i.e, Additional Collector, Revenue (FAC), Ranga Reddy District in Case No.F1/5745/2016 dated 30.05.2023 remanding the matter to the Revenue Divisional Officer, Shadnagar by setting aside the Occupancy Rights Certificate issued in favour of the petitioners vide file No.K/613/91 dated 30.03.1991 under Section 24 of the Abolition of Inams Act, 1955.

4. The lis involved in both the writ petitions and respondents are one and the same, therefore, both the writ petitions were heard together and the same are being disposed of by way of this common order.

5. The contentions of the petitioners in W.P.No.12131 of 2024:

a) Originally, one late Vijender Reddy was recorded as Maqthadar of the land total admeasuring Ac.427 guntas in Sy.No.548 situated at Nandigama Village and Mandal, Ranga Reddy District (erstwhile Kothur Mandal of Mahabubnagar District). According to the Revenue authorities, it is a Dastagard Inam land. The name of the land is known as “Yangannagari Pampu Dastagard”.

b) The said land in Sy.No.548 was assigned more than 100 new survey numbers. The petitioners are claiming right over the land admeasuring Ac.3.00 guntas in Sy.No.100 and Ac.9.11 guntas in Sy.No.101 of Nandigama Village. The father of the petitioners was in physical possession and enjoyment of the said land and as such, his name was also duly recorded in the revenue records. In proof of the same, they have filed copies of pahanies for the years 1973-74, form-I of old ROR. Respondent Nos.6 to 13 filed a suit vide O.S.No.34 of 2004 on the file of the Junior Civil Judge, Shadnagar for declaration to declare them as absolute owners of land admeasuring Ac.7.21 guntas out of 10.24 guntas in Sy.No.100 and also for recovery of possession.

c) As per the contents of the plaint, respondents 6 to 13 were never in possession of the subject property as legal heirs of alleged protected tenant Sri Erragari Sayanna.

d) Petitioners filed written statement in the said suit contending that after causing due enquiry by the then Revenue Divisional Officer, Mehboobnagar under the Abolition of Inams Act, 1955, vide proceedings D.Dis No.I.A./5418/78 dated 26.01.1981, Occupancy Rights Certificate was issued in favour of their father i.e., Balsetty Chinnaiah, in respect of the aforesaid land. The Revenue Divisional Officer has also considered relevant date of resting i.e., 01.01.1973.

e) In O.S.No.34 of 2004, respondent Nos.6 to 13 filed an Interlocutory Application vide I.A.No.170 of 2011 seeking permission to withdraw the said suit against the petitioners contending that plaintiffs sold an extent of Ac.3.00 guntas in Sy.No.100 to defendants Nos.4 and 5 under unregistered sale deeds for valid consideration and delivered its exclusive possession to them on the same day. Ever since from the date of purchase, till today, defendants Nos.4 and 5 therein are in continuous, peaceful, exclusive possession and enjoyment of their purchased land property. Subsequently, respondents 4 and