MUDAVATH THARYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed challenging the order of the second respondent dated 30.09.1993 in file No.J/4529/1993.

(2.) It is the case of the petitioner that he is the legal representative of one late Mudavath Chinna Laxman (died on 15.08.2007), who was the occupant of land admeasuring Ac.40.00 guntas in Sy.No.93/2, situated at Phulmamidi Village, Kandukur Mandal, Ranga Reddy District, and the said land is Inam land covered by the provisions of the A.P (Telangana Area) Inams Abolition Act, 1955 (hereinafter referred to as "the Act") and that he is entitled for grant of Occupancy Rights Certificate (herein after referred to as "ORC"). The father of the petitioner during his life time submitted representation dated 19.05.2006, apart from several other representations, before the second respondent for grant of ORC, but the second respondent did not pass any order in this regard. While the matter stood thus, respondents 3 to 8 interfered with the possession of the petitioner in the month of May, 2007, for which, the petitioner resisted the same.

(3.) It is further stated that on verification of revenue records, the petitioner came to know that the second respondent granted ORC to respondent Nos. 3 to 8 by the impugned order dated 30.09.1993 basing on the fabricated documents, without issuing any notice to him and hence the said order is without jurisdiction and is in violation of the principles of natural justice and suffers from blatant error which is apparent on the face of the record. It is further stated that the second respondent, having found that the father of the petitioner was the occupant (entitled for grant of ORC), granted ORC to respondents 3 to 8 on the ground that they purchased the land from the occupant, which is illegal. It is further stated that unless and until there is a re-grant by determining the occupancy rights as on 1.11.1973, there cannot be any sale, and that even if there is any such transaction, the same is null and void and it does not confer or pass any right, title or interest in relation to the Inam land to the purchasers and as such, the impugned order is liable to be set aside.