HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.9268 OF 2023

ORDER

Heard Mr. M. Damodar Reddy, learned counsel for the petitioners, Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4 and Mr. D.V. Srinivas Rao, learned counsel for respondent Nos.5 and 6.

2. According to the petitioners, land admeasuring Acs.4.22 guntas in Survey No.72, situated at Pulgarcherla Village, Weepangandla Mandal, Wanaparthy District is Inam land. Raja Jaganadha Rao was the Inamdar. Grandfather of the petitioners, namely late Mala Chandraiah was the tenant and, therefore, his name was recorded as possessor of the Inam land as on the date of vesting i.e., 01.11.1973 for grant of Occupancy Right Certificate (ORC). After the death of Mr. Mala Chandraiah, his son, late Mala Kurumurthy, the father of the petitioner herein, succeeded the said inam land and continued in possession of the same. After the death of their father, the petitioners succeeded the said property. Therefore, they are entitled for ORC in respect of the subject property. Even then, respondent Nos.5 and 6 obtained ORC vide proceedings No.B/224/2022, dated 27.06.2022 from respondent No.3.

Therefore, the said ORC is illegal and in violation of principles of natural justice and also the procedure laid down under the Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 (for short ‘Rules, 1975’).

3. With the said contentions, they have preferred an appeal under Section - 24 of the Andhra Pradesh (Telangana Are) Abolition of Inams Act, 1955 (for short ‘Act, 1955’) before respondent No.2, vide Inam Appeal No.721 of 2022. Vide impugned order dated 30.12.2022, respondent No.2 dismissed the said appeal. Challenging the same, the petitioners filed the present writ petition.

4. Respondent Nos.5 and 6 filed counter contending that the land in Survey No.72 of Pulgacherla Village is seri inam land. Late Raja Venkata Jagannath Rao was the original Inamdar. His name was recorded in revenue records in respect of Acs.13.22 guntas. But, according to them, neither the petitioners’ grandfather, nor their father and the petitioners were ever in possession of the subject property as claimed by them. In fact, the grandfather of the petitioners, Mr. Mala Chandraiah, purchased the entire extent of land in Survey Nos.51, 52, 69, 70, 71, 72 and 75 of Pulgacherla Village, from the original inamdas, late Raja Venkata Jagannath Rao under simple sale deed dated

12.09.1979. During life time, Mr. Mala Chandraiah sold some extent of land in the aforesaid survey numbers and after his death, the names of his two sons, Mr. Mala Maddileti and Mr. Mala Kurumurthy, were recorded in revenue records in respect of remaining extent. They got divided the land as per their entitlement. An extent of Acs.4.22 guntas fell to the share of Mr. Mala Kurumurthy being legal heir of Mr. Mala Chandraiah. During his life time, he sold the said land to respondent Nos.5 and 6 vide simple sale deed dated 08.05.2010 and since then, respondent Nos.5 and 6 are in continuous possession of the same till date. Pursuant to the same, the official respondents issued ORC in their favour and thereafter their names were recorded in revenue records and issued pattadar passbooks-cum-title deeds in their favour.

5. Respondent No.4 filed counter contending that the land in Survey No.72 of Pulgacherla village is the seri inam. Late Raja Venkata Jagannath Rao was the original seri inamdar cum pattadar for not only the extent of Acs.4.22 guntas, but also the entire extent of land in the said survey number. Mr. Mala Chandraiah purchased an extent of Acs.4.22 guntas out of total extent of Acs.13.22 guntas in Suvey No.72 from the original pattadar, late Raja Venkata Jagannatha Rao through simple sale deed dated 12.02.1979. After the death of Mr. Mala Chandraiah, his son, late Mala Kurumurthy continued to be in occupation of the said extent. Mr. Mala Kurumurthy sold the said land through simple sale deed dat