Proceedings conducted against a deceased person without impleading their legal representatives are a nullity and void ab initio; such jurisdictional defects cannot be cured by the passage of time, and limitation is reckoned from the date of knowledge.

ORDER

Heard Sri P.Srinivasa Rao, learned counsel for the petitioners, Ms.T.Swetcha, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2; Sri B.Venkat Ramarao, learned counsel for respondent Nos.30 to 32, Sri G.Arun Kumar, learned counsel for respondent No.33 and perused the record. Despite service of notice, none appeared for other private respondents.

2. This writ petition is filed under Article 226 of the Constitution of India, with the following prayer:-

“to issue a Writ, order or direction more particularly in the nature of Writ of Certiorari and call for the records and quash the Common order dated 3.3.2004 passed in Appeal Case Nos. F1/4418/2001, F1/4537/2001, F1/6052/2001, 4410/2001, F1/6055/2001, F1/4542/2001, 6051/2001, F1/4548/2001, F1/4409/2001, F1/1010/2001, F1/6054/2001, F1/4355/2001, F1/1133/2002, F1/1134/2002, F1/4354/2001, F1/4538/2001, F1/4539/2001, F1/4353/2001, F1/4543/2001, F1/4544/2001, F1/4545/2001, F1/1008/2002, F1/1009/2002, F1/4351/2001, and F1/4407/2001 by the Joint Collector, Ranga Reddy District, in confirming the occupancy rights granted in favour of the Respondents by the Revenue Divisional Officer, East Division, Ranga Reddy District and pass such other order or orders this Hon'ble Court deems fit and proper in the circumstances of the case..”

Factual matrix (in brief)

3. The petitioners claim to be the successors-in-interest of late Ameena Bee Saheba, wife of late Khaja Altaf Hussain, who was the original Inamdar of extensive agricultural lands admeasuring approximately Ac.1964.00 Gts situated in various survey numbers of Karmanghat, Bairamalguda, Sultanvalva and Mirpet villages of Saroornagar Mandal, Ranga Reddy District. Respondent Nos.3 to 29 are private individuals in whose favour the 2nd respondent–Revenue Divisional Officer (RDO) granted Occupancy Rights Certificates (ORCs) in respect of different extents of the said lands under the relevant provisions of the Inams Act.

4. The record discloses that Ameena Bee Saheba, described as the ‘Mali Inamdar’ of the subject lands, died in the year 1946. Upon her demise, the Nazim Atiyat Revenue Department, Hyderabad, issued a Munthakab (Succession Certificate) in Proceedings No.3897 dated 11th Aban 1358 Fasli (corresponding to 1948–49 A.D.), recognising her two sons, namely Khaja Shakir Hussain and Khaja Nasir Hussain, and her daughter Razia Sultana as her lawful successors. Their names were accordingly entered as pattadars in the relevant revenue records.

5. Subsequently, Khaja Nasir Hussain died in 1976 leaving behind his widow and children; Razia Sultana died in 1980 leaving behind her sons; and Khaja Shakir Hussain died in 1995 leaving behind petitioner No.1. The petitioners assert that they represent the legal heirs of the said successors and thereby claim interest in the subject Inam lands.

6. It further emerges from the record that between the years 1975 and 1979, applications were filed before the 2nd respondent–RDO, functioning as the Inams Tribunal, by various private individuals (respondent Nos.3 to 29 herein) seeking grant of ORCs in respect of portions of the Inam lands on the assertion of possession and cultivation. The applications were instituted by impleading the original successors of the Inamdar as respondents.

7. However, by that