District v. Goshamahal, Hyderabad

This writ petition is filed seeking a Certiorari to call for the records relating to the order dated 23.10.2004 passed by the 1st respondent- Joint Collector, Ranga Reddy District, Khairthabad, Hyderabad, in Case No.F1/7818/1999, and quash the same as illegal and contrary to the provisions of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 and, consequently, restore the orders 12.02.1982 and 06.11.1997 in File Nos.H/9208/81 and J/7501/1997 respectively passed by the 2nd respondent-Revenue Divisional Officer, East Division, Ranga Reddy District. It appears, in respect of the land admeasuring Ac.2.07 gts. covered by Sy.No.63 of Lingampally village, Manchal Mandal, Ranga Reddy District, the petitioners 1 to 3 were granted Occupancy Rights Certificate under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short ‘the Act’), by the 2nd respondent-Revenue Divisional Officer, East Division, Ranga Reddy District, vide his proceedings dated

12.02.1982 in File No.H/9208/81, whereas in respect of the land to an extent of Ac.16.31 gts. covered by Sy.No.46 of Lingampally village, Manchal Mandal, Ranga Reddy, the petitioners 4 to 7 were granted Occupancy Rights Certificate by the 2nd respondent vide his proceedings dated 06.11.1997 in File No.J/7501/1997, and all the petitioners have been in possession and enjoyment of their respective lands. While that being so, the 3rd respondent, aggrieved by the orders dated 06.11.1997 and 12.02.1982 passed by the 2nd respondent, filed a petition before the 1st respondent-Joint Collector, Ranga Reddy District, Hyderabad, requesting to grant Occupancy Rights Certificate in respect of the subject lands in favour of the unofficial respondents herein, and the said petition was taken up on file as appeal petition under Section 24 of the Act. The petitioners herein, who are respondents in the said appeal, contested the same by filing written arguments.

However, the 1st respondent, after detailed consideration of the entire matter, set aside the orders dated 12.02.1982 and 06.11.1997 passed by the 2nd respondent and remanded the matter to the 2nd respondent with a direction to enquire about the possession of the appellants and the respondents therein as on 01.11.1973 after due services of notices to both the parties and other interested parties in the subject land and pass appropriate orders in accordance with law. Aggrieved thereby, the present writ petition is filed. There is no necessity of going into all the details. After elaborate arguments, it came to light that the unofficial respondents herein have compromised the matter with third parties, to whom petitioners 4 to 7 said to have sold their land, before the Lok Adalath in O.S.No.2486 of 2007 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, on 03.07.2009, in respect of the land in Sy.No.46 of Lingampally village, Manchal Mandal, Ranga Reddy District.

Further, it is also brought to the notice of this Court that in respect of the land in Sy.No.63 of Lingampally village, Manchal Mandal, Ranga Reddy District, also, compromise was arrived at between the parties out of Court. However, learned counsel on either side agreed that the impugned order may be set aside and the matter may be remanded to the 1st respondent-Joint Collector, Ranga Reddy District, consideration. In these circumstances, the writ petition is allowed, setting aside the order dated 23.10.2004 passed by the 1st respondent-Joint Collector, Ranga Reddy District, and the matter is remanded to the 1st respondent for fresh consideration, taking into consideration the compromise entered into between the parties. There shall be no order as to costs.

06.08.2009 v v _____________ C.V.RAMULU,J