SHANKERMMA Vs. MALLARI

JUDGEMENT

(1.) The said Revision was filed under Art. 227 of the Constitution of India by petitioners against respondents challenging the order dt. 17-06-2009 in Case No. F1/4431 of 2008 of the Joint Collector-II, Ranga Reddy District (Respondent No. 20 herein). The Joint Collector passed the said order under Section 24 of the A.P. (Telanga Area) Inams Abolition Act, 1955 (for short 'the Act') reversing the order dt. 24-10-2007 in File No. L/2964/2005 dt. 24-10-2007 of the Revenue Divisional Officer, Chevella (Respondent No. 21 herein) whereunder the latter decided about grant of Occupancy Rights under Section 8 of the Act in respect of land of an extent of Ac. 0-18 gts. in Sy. No. 214, Ac. 1-37 gts. in Sy. No. 215 and Ac. 3.01 gts. in Sy. No. 217 of Palmakul village, Shamshabad Mandal, Ranga Reddy District. (for short 'the subject land'). As per the Classer register, the above land is a Mafi inam land recorded in the name of one Maqsood Ali Khan, S/o. Mehdi Jung Bahadur. As per the extract of Tenancy Register furnished by the respondents before the Revenue Divisional Officer, one Mallari Ballamma was the protected tenant in respect of Old Sy. No. 10 comprising Ac. 79. She died in 1965.

(2.) Originally the Revenue Divisional Officer, Chevella Division vide order dt. 10.6.2005 in File No. L/1078/2004 granted Occupancy Rights Certificate (ORC) in favor of petitioners herein under Section 8 of the Act in respect of the subject land.

(3.) This was challenged by respondents before the Joint Collector, Ranga Reddy District in File Ref. F1/4537/2005. The said Appeal was allowed on the ground that there was no discussion of the issues on merits and the case was remitted to the Revenue Divisional Officer, Chevella for fresh adjudication on merits.