SYED HUSSAIN SAB Vs. JOINT COLLECTOR MAHABOOBNAGAR DISTRICT

JUDGEMENT

(1.) THIS Civil Revision Petition, filed under article 227 of the Constitution of India, is directed against the order, dated 31-12-2005 in Appeal No. F2/21/2005 passed by the joint Collector, Mahaboobnagar (first respondent), dismissing the appeal filed under Section 24 (1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, against the order dated 19-11-2002 in file No. K/166/2002 passed by the Revenue divisional Officer, Mahaboobnagar (second respondent ).

(2.) THE brief facts that are necessary for disposal of the present revision petition may be stated as follows: the petitioners 2 and 3 herein and the respondents 3 and 4 filed declaration in Form no. 1 prescribe under sub-rule (2) of Rule 5 of the Andhra Pradesh (Telangana Area)Abolition of Inams Rules, 1975 for registering them as occupants of lands bearing survey nos. 401 in an extent of Ac. 2. 28 guntas situated at Inmulnarva village under section 4 (1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. On receipt of the said applications, the Primary Tribunal issued notice in Form no. II as required under Rule 6 of the Rules to all the interested persons and got served in the manner provided. The lands in question are classified as Dastagarda Inam and Syed hussain was the original Inamdar of the lands. The said original Inamdar had 3 daughters viz. Mahaboob Bee, Bismilla Bee and Sharifa Bee. The petitioners 4 to 6 are sons of the first daughter by name mahaboob Bee, whereas the respondents 3 and 4 are sons of Syed Abdul Khader, who is no other than younger brother of original inamdar.

(3.) AS seen from the impugned order, the original inamdar Syed Hussain died about 40 years back leaving behind him the 3 daughters. After death of said Syed Hussain, his younger brother Abdul Khadir was found to be in possession of the property and after making local enquiry it was established that abdul Khadir was in physical possession and enjoyment of the schedule land for the last 40 years and he had performed marriages of the 3 daughters of the original inamdar and therefore the occupancy right certificate was issued in favour of the respondents 3 and 4 by the Tribunal. The said order was confirmed in the appeal by the first respondent. Challenging the same, the present revision petition is filed.