PARAMANANDA DAS Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) This writ petition is filed by the petitioner to direct respondent No.1 - the Additional Collector (Formerly Joint Collector) to reopen the appeal in case No.F1/3458/2003 filed under Sec. 24 of the Telangana Inams Abolition Act, 1955, (for short 'the Act, 1955') and dispose of the same on merits.

(2.) Learned counsel for the petitioner has submitted that the appeal in case No.F1/3458/2003 filed by the petitioner under Sec. 24 of the Act, 1955 was dismissed for default and the order is contrary to the judgment dtd. 11/6/1970 of this Court in Jammula Atchayya Vs. RDO, AIR 1971 AP 307. Learned counsel submitted that another connected appeal relating to the same subject land is pending before respondent No.1 against the order of Revenue Divisional Officer, Rajendranagar Division in Case No.L/5136/2012; The issue involved in both the appeals is one and the same and the pending appeal in Case No.F1/1764/2018 can be taken up along with the appeal of the petitioner (F1/3458/2003) if restored. It is stated that the subject land of Acs.4-20 guntas in Sy.No.368/1 of Attapur Village, Rajendranagar mandal, Ranga Reddy District, is classified as "Mafi Inam". W.P. No.9375 of 1994 was filed by the petitioner, Mr. Paramananda Das for correction of revenue records. The same was allowed by order dtd. 24/3/1995 directing Mandal Revenue Officer to correct the records as prayed for. Pursuant thereto order dtd. 14/9/1995 in ROR/B/146/Attapur/94 was passed and wrong and erroneous entries showing the land as "Sarkari Poramboke" was corrected as "Inam land" i.e., "Mafi Inam" and the name of the inamdar i.e., Khatedar Mr. Paramananda Das S/o Ramchal Das was incorporated in the revenue records including in the Pahani for the year 1973-74 which covers crucial date i.e., 1/11/1973 for determining the occupancy rights under the Act, 1955.

(3.) Learned counsel for the petitioner has submitted that application was submitted by the petitioner before respondent No.2 - Inam Tribunal for grant of occupancy rights certificate (ORC) in respect of the subject lands which was dismissed by order dtd. 3/2/2018 in Case No.L/5136/2012 holding that the land is Government land by relying on the incorrect entries in revenue records which already have been corrected pursuant to the order dtd. 24/3/1995 in W.P. No.9735 of 1994. That against the said order dtd. 3/2/2018 an appeal in Case No.F1/1764/2018 is still pending before respondent No.1 wherein the petitioner is one of the respondents.