IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA
Tella Nilay – Appellant
Versus
The Joint Collector-I – Respondent
CRP 2142/2009
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA
CIVIL REVISION PETITION No.2142 of 2009
22nd DECEMBER, 2025
Between:
Tella Nilay
...Petitioner/Appellant
and
1.The Joint Collector-I and others
...Respondents/Respondents
ORDER:
This Civil Revision Petition is filed aggrieved by the order dated
27.12.2008 in File No.F1/5189/2006 passed by the 1st respondent/Joint
Collector-I, Rangareddy District, confirming the orders of the
2nd respondent/The Revenue Divisional Officer, Chevella Division,
R.R.District in Proc.No.L/25/2004, dated 19.03.2005.
2. The brief facts of the case are that the petitioner herein has filed
an appeal in File No.F1/5189/2006 before the Joint Collector-I,
Rangareddy District under Section 24 of A.P. (T.A) Abolition of Inam
Act, 1955 aggrieved by the orders dated 19.03.2005 passed in
##PAGE2##2
NNR,J
CRP_2142_2009
Proc.No.L/25/2004 by the Revenue Divisional Officer, Chevella
Division, in respect of the land in Survey No.47, admeasuring Ac.4.15
gts, situated at Old Boinpally Village, Balanagar Mandal, Rangareddy
District along with application under Section 151 of CPC, seeking
suspension of the operation of the Order dated 19.03.2005, further, not
to alienate and not to change the nature of the agricultural land.
3. The learned Joint Collector-I, Ranga Reddy District, after going
into the merits of the case and after hearing both the counsel, has
dismissed the said appeal in File No.F1/5189/2006 on 27.12.2008 on the
following grounds:
1 The locus-standi by appellant is in doubt. The appellant
claims to be a purchaser by way of un-registered
transaction. As such the appellant has not made his
locus standi to maintain a claim for Occupancy Rights
Certificate.
2 Even assuming that the appellant has made interest in
the land, challenge to Occupancy Rights Certificate, is
made almost in the year, 2008 while the Occupancy
Rights Certificate was issued in the year, 2005 i.e.,
nearly (3) years after the issuing of Occupancy Rights
Certificate.
As appeal against Occupancy Rights Certificate
U/s. 24 of the Inam Abolition Act has to be made within
(30) days from the date of order. Present appeal is
barred by time.
For the above reasons the appeal is not maintainable
and is dismissed.
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CRP_2142_2009
4. Being aggrieved by the said order, the present Revision is filed
contending that the learned Joint Collector, without adhering to the
principles of natural justice and without issuing any notice to the
petitioner, allowed the application filed by respondent Nos.3 to 12,
thereby seriously affecting the rights of the petitioner. It is further
contended that the 2nd respondent/Revenue Divisional Officer, failed to
consider that the persons in possession are entitled to notice, and that the
impugned order was passed against and behind the back of the
petitioner. As the petitioner was not put on notice, he could not
participate in the enquiry. It is also contended that the 1st respondent,
having observed that the Occupancy Rights Certificate claimed by the
respondent Nos. 3 to 12 is incorrect, ought not to have granted relief in
their favour. It is further contended that, in the absence of having
examined any document evidencing the right, title, or interest of
respondent Nos.3 and 4 in respect of the subject property, the
1st respondent ought not to have rejected the petitioner’s claim.
5. It is further contended that the learned Joint Collector erroneously
relied upon the report of the Mandal Revenue Officer, which is per se
false and vitiated. The learned Joint Collector ought not to have relied
upon the said report without putting the petitioner on notice or calling
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NNR,J
CRP_2142_2009
for his objections. Inasmuch as respondent Nos.1 and 2 failed to afford
any opportunity of hearing to the petitioner, who is an agreement of sale
holder acting through a lawfully constituted General Power of Attorney
on behalf of respondent Nos. 3 to 12, the petitioner was clearly entitled
to be heard in the matter. Consequen
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