N RANI BAI Vs. DEFENCE ESTATE OFFICER

JUDGEMENT

(1.) THE petitioners challenge the order, dated 06. 02. 2007, passed by the Joint collector, Ranga Reddy District, the 2nd respondent, in exercise of power under section 24 of the A. P. (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act' ).

(2.) THE facts relevant to this Writ Petition, in brief, are as under: about 50 acres of land in old survey No. 279 of Alwal Village, Malkajgiri Mandal, ranga Reddy District, was held as Inam by one Sri Narsinga Rao. The father of the petitioners, by name Namasivayam, was permanent tenant of that land under a lease, granted sometime in the year 1910. He died in 1938. During resurvey, in the year 1944, an extent of Acs. 13. 19 guntas was shown in survey Nos. 349 to 352 and Acs. 36. 20 guntas was shown in survey Nos. 602 and 603. Out of this, an extent of Acs. 32. 20 guntas was under lease in favour of the Defence Estate Officer, secunderabad, the 1st respondent, with effect from 25. 02. 1963. Consequent upon the abolition of imams in the State of Andhra Pradesh, applications were made by the mother of the petitioners, the wife of the landholder and the 1st respondent for grant of Occupancy Rights Certificates (ORCs), under Section 7 of the Act. After several rounds of litigation, ORC was issued, in respect of the entire land in Sy. No. 602 and 603, in favour of the petitioners, on the strength of an order dated 25-04-1994 passed by the Joint collector, Ranga Reddy District, the 2nd respondent herein. Compromise was arrived at between the petitioners and inamdars, according to which an extent of acs. 24. 20 was to accrue to the petitioners and Acs. 12. 00, to the land owner/inamdar. The same was recorded by this Court in W. A. No. 474 of 1999, in the order dated 20. 04. 1999. The compromise was implemented by the Revenue Divisional officer, 3rd respondent, through proceedings, dated 15. 07. 1999. 2. The 1st respondent addressed a letter, dated 13. 06. 2002, to the 2nd respondent stating, inter alia, that out of Acs. 24. 20 guntas of land, in respect of which orc was issued in favour of the petitioners, about Ac. 4. 00 (to be precise ac. 3. 95 cents, equivalent to Ac. 3. 38 guntas) was shown in GLR with the classification "c", in the records maintained by cantonment authorities, and in that view of the matter, it could not have been the subject-matter of ORC, in favour of the petitioners. He accordingly made a request that ORC in favour of the petitioners be restricted to Acs. 20. 55 cents by deleting Acs. 3. 95 cents. The 2nd respondent treated the letter as an appeal and issued notice of hearing to the petitioners.

(3.) THE petitioners appeared and raised an objection as to the very maintainability of the appeal before the 2nd respondent. They have also advanced contentions, touching on facts and law. The 2nd respondent allowed the appeal through order dated 15-11-2003. Proceedings dated 15-07-1999 issued by the 3rd respondent were set aside and the matter was remanded to the 3rd respondent for fresh consideration and disposal.