ORDER

Heard Sri P.Krishna Reddy, learned counsel for the petitioners; Ms.T.Swetcha, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2; Sri Shankar Polasa, learned counsel for respondent No.3; Sri Prasad Thipparapu, learned counsel for respondent Nos.7, 21 to 29; Sri V.V.Ramana, learned counsel for respondent Nos.14 to 20 and Sri K.Pratik Reddy, learned counsel for respondent Nos.11, 13 and 30 to 39.

2. This writ petition is filed under Article 226 of the Constitution of India seeking issuance of writ of certiorari calling for records relating to Proceedings bearing No.F1/1685/2004, dated 31.12.2005 on the file of respondent No.1-Joint Collector-II, Ranga Reddy District (hereinafter referred to as ‘Joint Collector’) and to quash the same as illegal, arbitrary, mala fide and without jurisdiction.

3. The petitioners are aggrieved by the appellate order passed by the 1st respondent (Joint Collector), whereby the Occupancy Rights Certificate (ORC) granted by the 2nd respondent, namely, the Revenue Divisional Officer, Chevella Division (hereinafter referred to as “RDO”), vide Proceedings No.L/4920/98 dated 26.12.2003, was set aside on the ground that the matter involves serious disputes relating to succession and shares, which are essentially civil in nature and that the authorities under the A.P. (Telangana Area) Abolition of Inams Act, 1955 (hereinafter referred to as “the Inams Act”) lack jurisdiction to adjudicate such disputes.

Factual matrix (in brief)

4. The subject matter of the lis concerns agricultural lands admeasuring Ac.6-17 Gts situated at Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District are comprised as follows:

The said lands are admitted Inam lands, originally held by the forefathers of the contesting parties, namely, late Neeradi Bhumaiah, Sayanna and Kistaiah, who were Inamdars.

5. Upon abolition of Inams, several rival claimants, asserting themselves to be the legal heirs and successors of the original Inamdars, submitted applications before the 2nd respondent (RDO), under Section 4 of the Inams Act, seeking grant of ORCs. The applicants included respondent Nos.4 to 13 and others i.e., Smt. B.Gangamma, Sri D.Ramaiah, Sri D.Satyanarayana and Sri N. Laxmaiah.

6. The RDO ordered an enquiry through the Mandal Revenue Officer (MRO), Serilingampally, who submitted a report dated 28.11.1998 along with extracts of revenue records, including the Khasra Pahani of 1954-55 and Pahanies for the years 1973-74, 1974-75 and 1992-93.

7. After issuing notices to all the rival claimants and affording them an opportunity of hearing, the RDO, by proceedings dated 26.12.2003 in No.L/4920/98, passed a detailed order. Relying inter alia upon the crucial year Pahani (1973-74), wherein the names of Bakkaiah, S/o Bhumaiah, Rukkiah, S/o Papaiah and Rajaiah Begari, S/o Rajaiah were reflected as possessors, the Officer examined the genealogical lineage of the three branches descending from Devarakonda Bhoomaiah, Devarakonda Kistaiah and Devarakonda Sayanna.

8. The RDO concluded that the three branches were entitled to equal shares in the Inam lands and determined that each branch was entitled to 1/3rd share. The Division of total extent of Ac.5-31 Gts into three equal shares of Ac.1-37 Gts each is extracted hereunder:

9. On such determination, the extent was apportioned and ORCs were granted in favour of the respective members of each branch, including:

i) The heirs of late Devarakonda Bhoomaiah @ Neeradi Bhoomaiah, wherein RDO note that Bhoomaiah had two sons i.e., Bakkaiah and Gandaiah both of whom died. The RDO further note