A claim for occupancy rights under the Abolition of Inams Act cannot be entertained where the property has been alienated with the original owner's consent, third-party rights have long crystallized through registered deeds and possession, and previous judicial or revenue decisions have attained finality against the claimants.

ORDER:

Heard Sri P.Pratap, learned counsel for the petitioners, Sri K.V.Bhanu Prasad, learned Senior Counsel appearing for the respondent Nos.3 and 4, Sri P.Venkat Reddy, learned counsel appearing for respondent Nos.6, 18 and 19 and Ms.Sarvani Desiraju, learned counsel appearing for respondent Nos.21 and 22.

2. The petitioners are assailing the proceedings dated 17.06.2006 issued by the respondent No.1 rejecting for Occupancy Certificate in respect of land in Sy.Nos.154 and 155 of Yapral Village, Malkajgiri Mandal, to an extent of Ac.4.30 gts, with a consequential prayer to remit the matter back to the respondent No.2 and permit the petitioners to adduce evidence in respect of their claim to the extent of their share.

3. The facts leading to file the Writ Petition are that the petitioner No.1’s father and three others filed implead petitions before the respondent No.2 in the case filed by respondent Nos.3 to 6 seeking Occupancy Certificate in respect the lands purchased by them, on the ground that petitioner No.1’s father and others are the legal representatives of one late V.Venkataswamy. The respondent No.2 dismissed the implead petition on the basis of sworn affidavit made on behalf of V.Sattamma, wife of Ramachandraiah. Aggrieved by the order of respondent No.2, petitioner No.1’s father Mallesh and one V.Krishna filed an appeal before the respondent No.1 and the same was rejected by order dated 17.06.2006 rejecting the claim of petitioner No.1’s father for issuance of Occupancy Certificate in respect of the land admeasuring Ac.12.24 gts and Ac.8.22 gts in Sy.Nos.154 and 155 situated at Yapral village.

4. Subsequently, petitioner No.1’s father Mallesh passed away in 2007 and petitioner No.1 filed the present Writ Petition questioning the order dated 17.06.2006 passed by the respondent No.1.

5. Learned counsel for the petitioners contended that the grandfather of petitioner No.1 late Venkata Swamy was the original land owner in Sy.Nos.154 and 155 admeasuring Ac.12.24 gts and Ac.8.22 gts situated in Yapral village, Malkajgiri; that petitioner No.1’s father owns Inam lands and patta lands in the above survey numbers; that petitioner No.1’s grandfather late Venkataswamy left behind him five sons viz., (1) V.Ramachandraiah, (2) V.Lakshmaiah, (3) Arjun, (4) Ramakistaiah and (5) V.Mallesh (father of petitioner No.1); that at the time of filing appeal, except the father of petitioner No.1, all the other sons of the grandfather of petitioner No.1 passed away leaving behind their legal representatives, and that the appellant No.2 i.e. V.Krishna in the appeal is the son of V.Arjun.

6. Learned counsel for the petitioners further contended that a partition was effected on 17.03.1963 and the same was signed by the grandfather of petitioner No.1 i.e. Venkata Swamy and his sons.

7. It is contended that the appeal filed before the respondent No.1 was in respect of land admeasuring Ac.12.31 gts in Sy.No.154 and Ac.8.22 gts in Sy.No.155 situated at Yapral village; out of the said lands, petitioner No.1’s father is entitled to a share of Ac.4.30 gts in Sy.Nos.154 and 155; that the total extent of land owned by petitioner No.1’s grandfather was Ac.46.00 gts in Sy.Nos.137, 141, 150 to 152, 154 and 155; that sale deeds were executed by petitioner No.1’s father and the brothers of petitioner No.1’s father in respect of Ac.3.21 gts in Sy.Nos.150, 152 and 154 and