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2025 Supreme(Online)(Tel) 59133

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.

##PAGE3##

3

NNR,J

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

##PAGE4##

4

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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