LAWS(APH)-2009-2-99

KHALID HUSSAIN Vs. SPECIAL GRADE DEPUTY COLLECTOR

Decided On February 26, 2009
KHALID HUSSAIN Appellant
V/S
SPECIAL GRADE DEPUTY COLLECTOR Respondents

JUDGEMENT

(1.) THESE two writ petitions are inter-connected. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in W. P. No. 16925 of 2008.

(2.) THE land in Survey Nos. 80 to 82 of Mamidipally Village and Survey Nos. 113 to 115 of Jelpally Village is part of an inam. Smt. Iqbal Unnisa Begum, 3rd respondent herein filed an application before the revenue Divisional Officer, Hyderabad, East division, 1st respondent herein under Section 4 (4) of the A. P. (Telangana Area) Abolition of Inams Act (for short 'the Act') with a prayer to resume the land in her favour and for grant of Occupancy Rights Certificates (ORCs ). Through his proceedings, dated 11. 4. 1983, the 1st respondent recognized the right of the 3rd respondent and held that she is entitled to an extent of l/24th share of the lands at Mamidipally Village. As regards the remaining lands, it was mentioned that steps can be taken to grant ORCs in favour of the respondents therein, who are incidentally the petitioners and certain others. Not being satisfied with the l/24th share allotted to her, the 3rd respondent filed an appeal before the Joint Collector, Ranga reddy District. When the appeal was pending, Section 4 (4) of the Act was deleted. Taking note of the same, the Joint Collector passed an order dated 11. 8. 1987 observing that the appeal abated.

(3.) THE 1st respondent took up the proceedings under the Act in relation to the said lands, under the impression that the matter was remanded to him by the Joint collector, through order, dated 11. 8. 1987. He passed an order dated 19. 4. 1989 granting orcs in favour of the petitioners. On the strength of the same, the Tahsildar, 2nd respondent herein made entries in the revenue records.