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2025 Supreme(Online)(Tel) 57996

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Smt. K. Jyothi W/o K. Raghuram Reddy – Appellant
Versus
The Government of Andhra Pradesh Rep. by its Principal – Respondent
WP 5455/2008



* THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR % 01.04.2025 # Between:

Smt.K. Jyothi, W/o.K. Raghuram Reddy, aged about 34 years, Occ:Advocate, R/o.2-3-330, Sainagar, Nagole, Ranga Reddy District and others Petitioners VERSUS The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others Respondents ! Counsel for Petitioner(s) : Sri T. Srikanth Reddy, learned counsel representing Ms.K.

Hemalatha learned counsel for petitioners ^Counsel for the respondent(s):

Learned Government Pleader for Revenue for R-1 to R-7 Sri V. Narasimha Goud, learned Standing Counsel for R-8 Sri Srinivas Rao Pachwa, learned Standing Counsel for R-9

> HEAD NOTE:

? Cases referred

1) (2015) 3 Supreme Court Cases 695

2) 1995 (3) ALT 330 (S.B.)

3) (2001) 6 SCC 496 THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.5455 of 2008

ORDER

This writ petition is filed seeking to quash order of the Joint Collector / respondent No.4, dated 10.01.2008 in proceedings in Case No.F1/173/2004 passed by respondent No.4 in Appeal, which has been filed by respondent No.6 / the Mandal Revenue Officer – cum – Deputy Commissioner, Saroornagar Mandal, R.R. District and seeking consequential direction to pay compensation to the petitioners, in accordance with the earlier decisions of this Hon’ble Court in W.P.No.24627 of 1998, W.P.No.22620 of 1998 and W.P.No.19632 of 2001.

2. Heard Sri T. Srikanth Reddy, learned counsel representing Ms.K. Hemalatha, learned counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7, Sri V. Narasimha Goud, learned Standing Counsel appearing for respondent No.8 and Sri Srinivas Rao Pachwa, learned Standing Counsel appearing for respondent No.9. Perused the record.

3. Facts in brief are as follows:

The petitioners, who are 48 in number, are claiming as the owners of various extents of land comprising of Sy.Nos.250 to 260 and 263 to 304 of Karmanghat village, Saroornagar Mandal. It is their case that the earlier Pattas were granted to their predecessors and the title of the petitioners were purported to be cancelled by the impugned order.

4. It is submitted that originally lands situated in Sy.Nos.250 to 260 and 263 to 304 were the Inam lands granted to one Mr. Khasimuddin Hussain, the predecessor in title of respondent Nos.10 to 14. Respondent No.15 was recognized and recorded as the protected tenant on the said lands. Certain disputes arose between said Inamdar(Khasimuddin Khan) and tenant – Mr.V. Bikshapathy Reddy / respondent No. 15, which were ultimately settled and adjudicated by the Hon'ble High Court of Andhra Pradesh vide its order, dated 18.12.1967 passed in C.R.P.No.1343 of 1966.

5. In the meantime, the provisions relating to grant of pattadar rights under the AP (TA) Inams Abolition Act, 1955 have been implemented with effect from 01.01.1973. Thereafter the Inamdar Mr.Khasimuddin and respondent No.15 applied for grant of pattadari rights (ORC) in respect of their respective extents in the subject lands in the same proportion as adjudicated upon by this Hon'ble High Court in its Order, dated 18.12.1967 in CRP No.1343 of 1966. Thereafter, the Collector as the appellate authority and the Sub Collector as Tribunal under the Inams Abolition Act had refused to grant Occupancy Rights Certificate (Pattas) to the predecessors in title of the petitioners viz., respondent Nos.10 to 15. Later, they filed W.P.No.4212 of 1979 before this Court and vide order, dated 29.01.1980, this Court directed the respondent Nos.3 and 5 to grant Occupancy Rights Certificate (ORC) to respondent Nos.10 to 15 in proportion to the rights as decided in CRP No.1343 of 1966, dated 18.12.1967. Thereafter vide proceedings, dated 03.05.1980 respondent Nos.3 to 5 ordered issuance of Occupancy Rights Certificate to the extent of 55% to respondents Nos.10 to 14 and 45% to respondent No.15 vide Certificate, dated 06.06.1980. Thereafter, following the proceedings

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