THOTA RAJAMALLA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. P. Venugopal, learned Senior Counsel appearing on behalf of Mr. B. Mayur Reddy, learned counsel for the petitioners and learned Government Pleader for Revenue and Mr. V. Balaram, learned counsel appearing for the respondents 5 to 15.

(2.) This Writ Petition is filed questioning the notice issued by the fourth respondent in File No.B/1061/2019 dtd. 16/3/2022 whereby, the petitioners herein were directed to vacate the schedule land mentioned therein within fifteen days or to show cause as to why they should not be evicted from the said land. The subject matter of the impugned notice is the land situated in Survey Nos.53, 55 and 56 admeasuring Ac.1.17 gts, Ac.0.07 gts and Acs.7.12 gts respectively (total admeasuring Acs.8.36 gts) of Jeedimetla Village, Quthbullapur Mandal, Medchal-Malkajgiri District. A perusal of the said impugned notice shows that the same was issued by the fourth respondent pursuant to an order passed by the Hon'ble Supreme Court in Civil Appeal Nos.2506 and 2507 of 2021 dtd. 1/10/2021.

(3.) The brief background facts of the case are that the father of the petitioners herein namely Thota Balakrishna Reddy was granted Occupancy Rights Certificate ("ORC" for short) under the provisions of the A.P. (Telangana Area) Abolition of Inams Act, 1955 ("the Act, 1955" for brevity) in respect of the subject land in File No.H/206/1976 dtd. 19/2/1982. Aggrieved thereby, some of the unofficial respondents herein claiming to be the legal heirs of one Mandala Lachamaiah, who is stated to be the protected tenant in respect of the subject land, filed W.P.No.19611 of 2015 before this Court and the said Writ Petition was dismissed by an order dtd. 1/7/2017 while relegating the petitioners therein to file an appeal before the appellate authority under Sec. 24 of the Act, 1955 for the relief of cancellation of ORC granted in favour of the father of the petitioners herein. Accordingly, the fifth respondent and others filed an appeal under Sec. 24 of the Act, 1955 before the appellate authority, namely the Joint Collector, but the said appeal was dismissed by the Joint Collector on the ground that the same was barred by limitation and that the deceased protected tenant surrendered his rights under Sec. 38-E of the Act, 1955 before the Inams Tribunal. Aggrieved thereby, the fifth respondent herein and others approached this Court by filing C.R.P.No.3848 of 2018 and the said CRP came to be allowed by an order dtd. 3/6/2019 duly setting aside the order passed by the Joint Collector under Sec. 24 of the Act, 1955 as well as the order passed by the third respondent herein dtd. 19/2/1982 i.e. the proceeding under which the father of the petitioners herein was granted ORC. The said CRP.No.3848 of 2018 was filed by the respondents 5, 6, 10 and 12 to 15 herein claiming to be the legal heirs of original tenant namely Mandala Lachamaiah. The status of the petitioners in the CRP as legal heirs or successors in interest of the original protected tenant was not disputed in the said CRP.