MOHD AHMEDULLAH KHAN Vs. JOINT COLLECTOR

JUDGEMENT

(1.) THE petitioners approached the Revenue Divisional Officer (Inam tribunal), Hyderabad Division, with a request to grant Occupancy Right Certificate (ORC), in respect of the land admeasuring Acs. 10. 5 guntas, in Sy. No. 32 of Asifnagar Revenue village and Mandal, Hyderabad. Through the proceedings dated 30. 7. 2003, the revenue Divisional Officer granted ORC in favour of the petitioners, under the A. P. (Telangana Area) Abolition of Inams act, 1955 (for short 'the Act' ). Feeling aggrieved by the same, Mohd. Azam Khan, the 2nd respondent herein, filed an appeal under Section 24 of the Act, before the joint Collector, Hyderabad District, the 1st respondent herein. Respondents 3, 4 and 5 herein got themselves impleaded in the appeal. However, the 2nd respondent has filed a petition, on 23. 4. 2005, proposing to withdraw the appeal, on the ground that a settlement has been arrived at, between him and his opponents. He prayed for the dismissal of the appeal, as not pressed. The 1st respondent, however, proceeded with the hearing of the appeal, and through order dated 21. 3. 2006, had set aside the orc granted in favour of the petitioners, and remanded the matter to the Revenue divisional Officer, for fresh consideration and disposal. The same is challenged in this writ petition.

(2.) THE 1st respondent filed a counter-affidavit, making an attempt to justify the order passed by him. Respondents 3, 4 and 5 have also filed counter-affidavit.

(3.) HEARD Sri K. V. Satyanarayana, learned Counsel for the petitioners, learned government Pleader for the 1 st respondent, and learned Counsel for respondents 2 to 7.