EXECUTIVE OFFICER Vs. JOINT COLLECTER , MAHABUBNAGAR

JUDGEMENT

(1.) In W.P. No. 913 of 2002, petitioner assailed the order dtd. 27/7/2001 in Appeal No. F2/1/2000 confirming the order dtd. 22/12/1999 of the original authority rejecting the claim of petitioner to grant Occupancy Right Certificate (ORC) under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. Before learned single Judge, two decisions of two Division Benches were cited, namely B. Ramender Reddy v. The District Collector, Hyderabad District (1993) 2 An WR 84 (DB) and S. Veera Reddy v. Chettapalli Chandraiah 1994 SCC OnLine AP 510. On consideration of these two decisions, learned Judge opined that there is conflict of opinion in these two decisions on the entitlement of purchaser of inam land from Inamdar to apply for ORC under the Act. Learned Judge therefore opined that the conflict should be resolved by a Bench of two Judges or more. The relevant paragraphs of the Order dtd. 24/3/2014 in W.P. No. 913 of 2002 read as under:

(2.) When the matters were placed before a Division Bench, the Division Bench requested Hon'ble The Chief Justice to place the matters before a Full Bench. Accordingly, the Hon'ble Chief Justice constituted the Full Bench. That is how the matters have come up before this Full Bench to resolve the conflict of opinion.

(3.) While in Ramender Reddy, the Division Bench held that the Inamdar has no right to alienate a land already vested in the State, in S. Veera Reddy, another Division Bench held that such alienation is valid and enforceable by the subsequent purchaser to secure ORC. This is the conflict of opinion that requires consideration and resolution.