Syed Jaffar Mohiudduin & Ors. v. The District Collector, Ranga Reddy District & Ors.

THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.23166 OF 2005 ORDER: The petitioners’ father late Syed Ghouse was original cultivator and possessor of land admeasuring Ac.20.18 gts. in S.No.328 of Aluru-I Village, Chevella Mandal, Ranga Reddy District. When he approached the Revenue Divisional Officer under A.P. (Telangana Area) Abolition of Inams Act, 1955 (for short, the Act), the same was opposed by respondents 5 to 7. After conducting due enquiry third respondent by proceedings dt.16.10.1979 held that late Syed Ghouse is entitled for grant of occupancy rights certificate in respect of the land admeasuring Ac.2.05 gts. in S.No.279 and Ac.6.39 gts. in S.No.328/A, whereas fifth respondent herein is entitled for an extent of Ac.6.39 gts. in S.No.328/A and Ac.6.20 gts. in S.No.328/AA. After death of the father, petitioners herein filed an appeal before the Joint Collector under Section 24 of the Act, insofar as the order of the Revenue Divisional Officer went against them.

By letter dt.16.3.1999 the Joint Collector/District Collector directed the Mandal Revenue Officer, fourth respondent herein, not to make any further entries until further orders. It is asserted that even though the appeal is pending, the Mandal Revenue Officer has entered the entries in respect of S.No.328 of Aluru-I Village. The petitioners therefore gave a representation to the Joint Collector on 29.9.2005, in vain. Therefore, they filed the present Writ Petition seeking a direction to the Mandal Revenue Officer to delete the names of respondents 5 to 7 in the revenue records in respect of land in S.No.328 of Aluru Village. After hearing the learned counsel for the petitioners, Sri S.Lakshminarayana Reddy, and learned Assistant Government Pleader for Revenue (General), Sri Surya Kiran, it would be appropriate to direct the Joint Collector to consider the representation of the petitioners dt.29.9.2005 made to the Mandal Revenue Officer, under a copy to the Joint Collector/District Collector, and pass appropriate orders in this regard.

It shall also be open to the petitioners to approach the Joint Collector for redressal in respect of alleged action of the Mandal Revenue Officer, Chevella, in altering the revenue records in respect of S.No.328 pending appeal before the Joint Collector. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The Joint Collector/District Collector is also directed to dispose of the appeal itself within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition with the above observations and directions is accordingly disposed of. _______________

(V.V.S.RAO, J)

3.11.2005