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2025 Supreme(Online)(Tel) 52518

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
S.M. FAZULULLA SHAH QUADRI HYD AND ANOTHER – Appellant
Versus
PRL. SECRETARY REVENUE DEPT. HYD AND 7 OTHERS – Respondent
WP 486/2017



THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.486, 492, 495, 498, 500 of 2017 and 10323 of 2018 COMMON ORDER:

All the writ petitions except W.P.No.10323 of 2018 are filed questioning the common order and the suit schedule property in W.P.No.500 of 2017 and W.P.No.10323 of 2018 is one and the same. In view of that, all these writ petitions are heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and learned counsel for the unofficial respondents.

3. For the purpose of narrating the facts, W.P.No.486 of 2017 is being taken as a lead case.

Contentions of the petitioners in W.P.No.486, 492, 495, 498 and 500 of 2017

4. Learned Counsel for the petitioners submits that the petitioners have inherited the total land admeasuring to an extent of Ac.196.20 gts in Sy.Nos.1 to 55 situated at Allapur Village, Balapur Mandal, Medchal District from their ancestors. The name of Sri Syed Shah Yahya Alam Quadri was recorded as Inam Pattadar of the said lands in the village records for the year 1348 Fasli, Muntaqab No.926, Sethwar, Wasool Baki and Kasra Pahani for the year, 1954-55. After the death of Sri Syed Yahya Alam Quadri on 08.10.1964, his legal heirs filed suit in O.S.No.16 of 1965 on the file of Munsif Magistrate Court, Hyderabad East and North for declaration and the same was decreed on 18.03.1965 declaring that Khairunnisa Begum and seven other persons are legal heirs of late Sri Syed Shah Yahya Alam Quadri and they are entitled for their respective shares in the land admeasuring to an extent of Ac.196-20 gts. After the Andhra Pradesh (Telangana Area) Abolition of Inam Act, 1955 (for short ‘the Act, 1955) came into force, the petitioners being legal heirs of said Sri Syed Shah Yahya Alam Quadri made applications to the respondent authorities to register their names as Inamdars under Section 4 of the Act, 1955 and to issue occupancy rights certificate, but no enquiry was conducted under the said Act and the Rules.

5. Learned Counsel for the petitioners further submits that due to grabbing of their lands by the third parties and the illegal entries in the revenue records, the petitioners have filed applications vide File Nos.L/694/2011, L/1383/2011, L/695/2011 and L/696/2011 in respect of different extents of lands before the Revenue Divisional Officer to delete the illegal entries in the revenue records and to issue occupancy rights certificates to them. The said petitions were dismissed on 27.12.2011 stating that the said lands are patta lands and the provisions of Inam Abolition Act are not applicable. Against the said orders, the petitioners filed appeal Nos.F1/790/2012, F1/2885/2012, F1/2886/2012, F1/2887/2012 and F1/2833/2016 before the Joint Collector, Ranga Reddy District and the same were allowed on 29.03.2014 by setting aside the orders passed by the Revenue Divisional Officer and remanded back the matters to re-examine the classification of the lands in question which are based on the Muntaqab No.926/1305 Fasli and directed to de novo conduct enquiry by giving notices to all the concerned and pass appropriate orders. After conducting enquiry, the Revenue Divisional Officer dismissed the petitions and observed that the petitioners are not entitled for issuance of Occupancy Rights Certificates as they were not in actual possession as on crucial date i.e., 01.11.1973. Against the said orders, the petitioners have filed appeals before the respondent No.2 vide Appeal Nos.F1/2738/2016, F1/2831/2016, F1/2739/2016, F1/2740/2016 and F1/2832/2016 before the Joint Collector-1 Ranga Reddy District and the same were dismissed by common order dated 15.09.2016 and held that the petitioners are not entitled for Occupancy Rights Certificates and they did not produce any evidence for having established the possession over the land even before the lower Court or in the appeal and against the said orders, the instant writ petitions are filed.

6. Learned

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