No.1 as per Court orders in WPMP.No.26360 of 2004 v. LINGAMPET

Heard learned Counsel for the parties. The grievance of the petitioners is that though the 1st petitioner had been granted Occupancy Certificate under Section 4 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (hereinafter referred to as ‘the Act’) after conducting an enquiry under Section 10 of the Act, but the 2nd respondent had moved an appeal before the 1st respondent after 14 years, who cancelled the occupancy certificate of the 1st petitioner and ordered issuance of occupancy certificate in favour of 2nd respondent. The learned Counsel for petitioners submit that the 1st respondent-Joint Collector has no jurisdiction to hear appeals in terms of Section 24 of the Act. It is the Collector, who has the jurisdiction to hear the appeal. The learned Counsel for the 2nd respondent however submits that though in the order it has been termed as an appeal, but it is an order under Section 10 of the Act. This argument is not tenable on the ground that once an enquiry is conducted under Section 10 of the Act and in pursuance of that, an occupancy certificate had been issued, that can only be challenged by way of an appeal and not by way of an application before the same authority. Therefore, the order passed by the 1st respondent-Joint Collector is clearly without jurisdiction, which is accordingly set aside and the Writ Petition is allowed. However, the learned Counsel for 2nd respondent submits that his grandfather was also issued occupancy certificate under Section 38- E of the Act, which was suppressed. Keeping in view of these facts and keeping in view the interest of justice, I allow the 2nd respondent to file an appeal before appropriate authority within a period of four weeks from today, who may pass orders after hearing the parties. Writ Petition is allowed accordingly. No order as to costs. _______________ 3rd February, 2005 BILAL NAZKI, J N.B:- Copy be furnished within a week. (B/o) That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice, on this Thursday, the Third Day of February, Two Thousand and Five. To