IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

WRIT PETITION NO.1188 OF 2009 Between:

Kummari Pentamma, (died per LRs)

Sunkoju Manjula and three others …Petitioners AND

1. The State of Telangana, Rep. Joint Collector, Ranga Reddy District and another ….Respondent Nos.1 and 2

2. Kummari Anjaiah and four others ….Respondent Nos.3 to 7 JUDGMENT PRONOUNCED ON: 09.12.2024 SUBMITTED FOR APPROVAL:

THE HON’BLE SRI JUSTICE K.SARATH

1. Whether Reporters of Local : Yes/No newspapers may be allowed to see the Judgment ?

2. Whether the copies of judgment : Yes/No may be marked to Law Reports/Journals

3. Whether Their Lordship/Ladyship : Yes/No wish to see the fair copy of judgment _____________________ JUSTICE K.SARATH THE HON’BLE SRI JUSTICE K.SARATH + WRIT PETITION NO.1188 of 2009 %Dated 09.12.2024 # Mrs. Kummari Pentamma (died per LRs)

…Petitioners and

1. $ The Govtnment of Telangana, rep. by its Joint Collector, Ranga Reddy District and another Respondent Nos.1 and 2

2. Kummari Anjaiah and four others …Respondent Nos.3 to 7 ! Counsel for Petitioners : Sri K.Raghuveer Reddy ^ Counsel for Respondent Nos.1 & 2 : Govt. Pleader for Revenue ^ Counsel for Respondent Nos.3,4&7 : Sri Bollu Naga Raju ^ Counsel for Respondent No. 6 : Sri Punreddy Venkat Reddy < GIST :

> HEAD NOTE :

? Cases referred :

1.2005 (2) ALD 581 THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.1188 of 2009

ORDER:

1. This Writ Petition is filed challenging the Order dated 27.12.2008 in case No.F1/3245/2007 passed by the respondent No.1 and also the orders dated 18.11.2006 passed by the respondent No.2 granting Occupancy Rights Certificate in respect of the subject property in favour of unofficial respondent Nos.3 to 7.

2. Heard the learned Counsel for the petitioner, and the learned Assistant Government Pleader for Revenue and the learned Counsel appearing for the unofficial respondents.

3. The learned Counsel for the petitioner would submit that father of the petitioner namely Late Parusharamulu and one Late Kammari Anjaiah were in possession of land to an extent of Ac.3.31 guntas in Sy.No.168 and to an extent of Ac.1.19 guntas in Sy.No.182, total to an extent of Ac.5.00 guntas, situated at Pendyal Village, Maheshwaram Mandal, Ranga Reddy District (hereinafter referred as subject lands) and their names were also recorded in the revenue records as Inamdars and Possessors with equal shares. The petitioner is not having male siblings and the petitioner and her husband were looked after during life time of her father. The father of the petitioner conveyed his share in the subject property in favour of the husband of the petitioner as Illitum-son-in-law through gift deed dated 14.05.1980. While it being so, the respondent Nos.3 to 7, claiming themselves as the successors of Late Kammari Anjaiah, who is having half share in the property, made application to the respondent No.2 for grant of Occupancy Rights Certificate (for short ‘ORC’) in respect of the entire extent of property, without there being any legal entitlement. Thereupon, the respondent No.2, without issuing any notice to the successors of father of the petitioner, passed impugned Order dated 18.11.2006 in File No.J/3945/05 granting ORC in favour of the respondent Nos.3 to 7 including share of father of the petitioner.

4. The learned Counsel for the petitioners would further submit that being aggrieved by the orders passed by respondent No.2, the petitioner filed appeal before the respondent No.1/Joint Collector, Ranga Reddy District in case No.F1/3245/2007 and the same was dismissed on 27.12.2008. Being aggrieved by the said order, the present writ petition is filed.

5. The learned Counsel for the petitioners would further submit that when once the original authority has come to conclusion that K.Anjaiah and Parusharamulu were having equal rights in the subject property, the original authority have to grant ORC in favour of the legal heirs of K.Anjaiah only to an extent of half of the subject land. Even if the regist