THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION No.681 of 2023

O R D E R

Aggrieved by the order, dated 13.01.2023 in Appeal No.F2/1368/2017 passed by the Additional Collector (Revenue), Nagarkurnool District, the present Civil Revision Petition is filed.

2. The Appeal No.F2/1368/2017 is filed under Section 24 (1) of Telangana State Abolition of Inams Act, 1955 by the respondents/appellants aggrieved by the order of the Revenue Divisional Officer, Nagarkurnool, in File No.I/2140/1997, dated 10.09.1997 in issuing Occupancy Right Certificate (ORC) in respect of land bearing Sy.No.284/1 admeasuring 7.05 guntas and Sy.No.194 admeasuring Ac.1.09 guntas situated at Janumpally Village of Kodair Mandal, Nagarkurnool District to the petitioner/respondent stating that the dry land in Sy.No.284/1 to an extent Ac.07.05 guntas and the wet land in Sy.No.194 to an extent of Ac.01.09 guntas situated at Janumpally village of Kodair Mandal belongs to Shivalayam Temple of Janumpally village and the Temple Committee is looking after the land for running the temple, to perform pooja, for maintenance of temple and its priest and they are cultivating since long time. It is further stated that recently due to political disputes in the village, the petitioner/ respondent tried to interfere over the said lands and also tried to occupy the same in the guise that the land belong to him and the Revenue Divisional Officer, Nagarkurnool, granted ORC to him and the petitioner/respondent questioned the title of the said lands claiming that it is his land and not the temple land. As such, the respondents/ appellants being President and Secretary of the Temple Committee verified the records and obtained certified copy of ORC issued by the Revenue Divisional Officer, Nagarkurnool and the petitioner/respondent played fraud on the revenue authorities in obtaining ORC certificate without the knowledge of Temple Committee and entire villagers and by misrepresenting the facts before the Revenue Divisional Officer, Nagarkurnool. After coming to know about the same, the respondents/appellants obtained certified copies of ORC and filed the appeal on behalf of the Temple seeking for cancellation of ORC issued by the Revenue Divisional Officer, Nagarkurnool in File No.I/2140/ 1997, dated 10.09.1997 in favour of the petitioner.

3. The contention of the respondents/appellants before the Additional Collector (Revenue), Nagarkurnool, is that the said lands belong to Shivalayam Temple and it is not a private property. Further, the petitioner/respondent is trying to alienate the subject lands to the third persons and to leave the village, therefore, prayed the Additional Collector (Revenue), Nagarkurnool, to cancel the ORC certificate issued by the Revenue Divisional Officer, Nagarkurnool, in File No.I/2140/1997, dated 10.09.1997 in favour of the petitioner/respondent.

4. The Assistant Commissioner, Endowments Department, Mahabubnagar, has filed the counter before the Additional Collector (Revenue), Nagarkurnool, stating that the subject lands belong to Shivalayam Temple of Janumpally village of Kodair Mandal, which was registered under Section 43 of Telangana Charitable Hindu Religious Institutions and Endowment Act 30/1987 vide Registration in RDOs No.B/ 1369/2009, dated 08.09.2009 and the same is maintained and looked after by the Temple Committee of Lord Shiva, Janumpally Village. The above temple is under Endowment Department and the poojas were used to be conducted by Archakas from times immemorial and the petitioner/

respondent is also Archaka of the temple.

5. The petitioner/respondent has filed the counter before the Additional Collector (Revenue), Nagarkurnool, denying the averments of the respondents/appellants and stated that the Revenue Divisional Officer, Nagarkurnool, while issuing ORC Certificate vide Ref.No.I/2140/97, dated 10.09.1997 in respect of land bearing Sy.No.284/1 admeasuring Ac.7.05 guntas of Janumpally village of Kodair Mandal, had observed