Syed lftekar Ali ii. Smt.Rana Tabassum iii. Syed lntiyaj Ali iv. Gazala Tabassu v. Syed Aijaz Ali

2. Smt. Faizunnisa Begum, Wo. Gazi Mohd.lshaquddin, Occ. Household, Rl/o. H.No.5-7-483, Near Nampally Market, Hyderabad.

3. Smt. Zaibunnisa Begum, W/o. Samsher Ali, Occ Household, Aged 60 years, Ryo. 5-7-483, Near Nampally Market, Hyderabad.

4. Smt. Mubshirunnisa Begum, D/o. Late Syed Mohd, Occ Household, Aged 45 years, [Vo. H.No.5-7-483, Near Nampally Market, Hyderabad.

5. State of Andhra Pradesh, (presently Telangana), Department of Revenue, rep. by through its Principal Secretary to Government, Secretariate, Hyderabad.

6. The Joint Collector-|, (Additional Collector), Ranga Reddy District (presently Medchal-Malkajgiri District), Khairatabad. Hyderabad. (presently at Shamirpet, Medchal-Malkajgiri District.

7. The Revenue Divisional Officer, Chevella Division, Chevella, Ranga Reddy, (presently Malkajgiri Division) MedchaFMalka.jgiri District)

8. The Tahsildar, Balanagar l\randal, Ranga Reddy District (presently Medchal- Malkalgiri District), Andhra Pradesh (presently Telangana State).

9. Syed Waheed, S/o Syed Abdul Khader(died) 10.Syed Moha (Died L.Rs), Medchal-Malkaigiri. 1 '1. Smt.Meharunnisa Begum (died), MedchaFMalkajgiri. 12. Abdul Razak (died), Medchal-Malkajgiri. 13. Khairunnissa Begum, Wo. Syed Abdul Razak (died) 14.Abdul Hai, S/o late Abdul Razak, R/o 8781 1 Survey No 36 Raja Rajeshwari . Nagar Colony Old Bowenpally Secunderabad.

15.Abdul Khader, S/o late Abdul Razak, R/o 878/1 Survey No 36 Raja Rajeshwari Nagar Colony Old Bowenpally, Secunderabad. '16. Abdul Aziz, Slo late Abdul Razak, R/o. 8-7-81 1 , Survey No 36 Raja Rajeshwari Nagar Colony Old Bowenpally Secunderabad.

17.Jafar Ali, S/o Mohd Ali died 18.Abdul Waheb died per L Rs, Medchal -Malkajgiri. 19.Syed Abdul Rauf, S/o late Syed Abdul Wahab Rl/o H No 275 Old Bowenpally, Secunderabad.

20. Syed Abdul Samee, S/o late Syed Abdul Wahab, R/o H No 275 Old Bowenpally Secunderabad.

21.Syed Abdul Gani, S/o late Syed Abdul Wahab, R/o H No 275 Old Bowenpally Secunderabad.

22.Syed Abdul Jaleel, S/o late Syed Abdul Wahab, R/o H No 275 Old Bowenpally, Secunderabad.

23. Syed lftekar Ali, S/o late Wazir Ali died for L Rs 24. Khaisar Sultana, Wo late Syed lftekar Ali R/o Plot No 54 Near Kaman Borabanda, Hyderabad.

25.Rana Tabassum, D/o late Syed lftekar Ali R/o Plot No 54 Near Kaman Borabanda, Hyderabad.

26. Syed lmtiyaz Ali, S/o late Syed lftekar Ali R/o Plot No 54 Near Kaman Borabanda Hyderabad

27.Gazala Tabassum, D/o late Syed lftekar Ali Rl/o Plot No 54 Near Kaman Borabanda Hyderabad

28. Syed Aijaz Ali, S/o late Syed lftekar Ali R/o Plot No 54 Near Kaman Borabanda Hyderabad

29.Praga Tools Officers Cooperative Housing Society, Rep by its President P Sambasiva Rao R/o 668/32 Kavadiguda Secunderabad

30. N.Satyanarayana, S/o. Nuchu Swamy, R/o. H-No.1-9-92, 150-8, Sector-1, Lane-7, Comsari Bazar, New Bowenpally, Secunderabd-1 1.

31. N.Varalaxmi, Wo. Late N.Mohan, R/o. H-No.1-9-92, 150-8, Sector-'1, Lane-7, Comsari Bazar, New Bowenpally, Secunderabd-'1 1 .

32.N.Sunil, S/o. Late N. Mohan, R/o. H-No.1-9-92, 150-B, Sector-1, Lane-7, Comsari Bazar, New Bowenpally, Secunderabd-1 'l . --

1.1.336614113 Srinivas Nagar Colony Secunderabad Comsari Bazar, New Bowenpally, Secunderabd_1 1'. Lane'-7, Comsari Bazar, New Bowenpally, SecunOeranO_t t.

33.N.Sukanya, D/o. Late N. Mohan, R/o. H_No..l_9_92, 1SO-8, Sector_1, Lane_7, 34. N.Srinivas, S/o. Late Nuchu Swimy., R/o. H_No.1_9_92, 1 5O_8, Sector_1 , ^_ 35. Khadirunnissa Begum, wo Khaja n,lisniurutta ololaie wazir ni R/o H No ^^ Jo' Kna1ir rnayatuflah, s/o rate Khaja Meeran R/o H No 113366/4/13 Srinivas 3T Khaja Fasiu'ah, s/o rate Khaja Meeran R/o H No 113366/4/13 srinivas Nagar 38.Fahirnida Khanam, Wo Mohammed Kaleemuddin Rl/o H No 113366t4113 39. Zesh;rnmatin, Wo Mohd Shamshuddin H No 1.13366/4/13 Srinivas Nagar ColgrV.S:gynggrabad (The Respondents f,lo.. g to 5S'rr" nor necessary parties to this Writ Appeal) Srinivas Nagar Colony Secunderabad Nag:rr Colony Secunderabad Colony Secunderabad. 1 .....RESPONDENTS Petition Under section 151. cpc praying that in the circumstances stated in the affidavit fired in support of rhe peiitio;, [n" r]igi,'borrt may be preased to suspend the orders dated 29-01-2024 passed uv t-ea'inea singre iuoge NANDi ii w.P.No.110ze of 20.t4 pendins disposat "ith";i;;;';;i appear. :2 Petition under section-151 cpc praying that in the circumstances stated in the affidavit ttted in support of the petition, t'h;Llg;'i;; may be pteased to grant ad interim ex-parte injunction oroer againit tne c!rp-o-"i""t.lwrit petition its, regar representatives, agents, power of attorney holders, workmen, ,";;;;i;: administrators, henchmen, craiming rnyooay on ir'"ii"u""nrlr etc., dury restraining -ianAl them from atienating the subject InV ttrirO party interest bv executing any registered documents in any manner"w;riJ;;;r;;ri;s il;.;":i of the above writ appeal. "i"riing 'executors, OV Petition Under section 1s1. cpc praying that in the circumstances stated in the affidavit tited in support "{ If" q:!1.i,, in" nig;.,"borrt may be pteased ro ?|."a""q to-club the Wrir Appeat r.to. iZSO oi ZOiq )io"iwith the Writ Appeat No. 1177 ot 2O24 &Writ Appeat No. 1169 of ZOZj anJ nelro together and pass the common orders in all the writ appeal. 1 Petition under section r51.cpc praying that in the circumstances stated in the affidavit fired in support ot ttre peiition, [n" iigl,'iorrr may be preased to pleased to permit and receive the copy of the case siatu-s of the w.p.No.16686 of 2014. Counsel for Appellants : SRt G RAGHUPATHI REDDY Counsel for Respondent Nos.1 to 4: SRI E.MADAN MOHAN RAO Counsel for Respondent Nos.5 to 8: G.p FOR REVENUE Counsel for Respondent Nos.9 to 39 : SRt E.MADAN MOHAN 71 writ Appeal under clause 15 of the Letters patent Filed against the order Dated 2910112024 in writ petition No.12031 ol 2014. on the file of the High Court. Nallola Rajendar, S/o Late N. Narasimha Rao, Age 46 years, Occ; Business, R/o 4_ 6[ Harijana Basthistreet No.1, ord Bowenpaily, vTc; iirumaragiri,po, eowenpatty, Hyderabad - 500 01 1. AND .....APPELLANT

1. The Praga Tools officers co operative Housing society, Rep by its president, - ' B. Satyanarayana, S/o Narayana Raju, Age. 6g years, Arc ZIZ-A+lnlfi, Srinivas Nagar Colony, Bagh Amberpet, Hydera6ad _ 13. Secretariat, Hyderabad.

2. The State of Telangana, Rep by its Secretary, Revenue department, 3. The Joint Collector- 1 , Ranga Reddy. District, Lakdikapul, Hyderabad. 4. The Mandal Revenue Officer, Balanagar Mandal, Ranga Reddy District. 5. Nallola Rajaiah, S/o Late N. Balaram, Age. g5 years, Occ. Agritulture, R/o g_ ^ 4-79, Ambedkarnagar, Harijan Basthi, Otd Bowenpally, RR district. 6. Nallola Yadagiri, S/o Late N. Balaram, Age. 85 years,-Occ. Agriculture, Rio g_ _ !.79, Arnbedkarnagar, Harijan Basthi, Otd Bowenpaly, RR district. 7. Nallola Narsingh Rao, S/o Nallola Rajaiah, Age. 4g years, Occ. Employee, ' - l/o- 8;4-_79, Ambedkarnagar, Harijan Basthi, Old Bowenpally, nR OistrLt. 8. Nallola Srinivas, S/o Nallola Rajaiah, Age. 48 years, Da. Employee, Ryo g_4- - 79, Ambedkarnagar, Harijan Basthi,Old Bowenpally, RR districi L Nallola Renuka @ C. Renuka, Wo Mallesham 10. Nallola Padmave thi @ B. padmavathi, Wo B. Anjaiah 1 1. Nallola Rajaman @ Rajamani, W/o S. Surendar 12.1<azim Ali Gazi, S/o late Syed Mohd 13. Faizunnisa Begum, Wo Gazmi Mohd. lshaquddin 14.Smt. Meharunnisa Begum, W/o M.A. Karim '15. Smt. Zaibunnisa Begum, W/o Samsher Ali 16. Mubshirunnisa Begum, D/o Late Syed Mohd 17. Smt. Mohinuddinnissa Begum, Wo Wazir Ali '18. Syed lftekar Ali, S/o Late Wazir Ali '19. Khaisar Sultana, W/o Late Syed lftekar Ali 20. Rana Tabassum, (The Respondehts/Respondents Nos g to 65 herein are formal parties and not necessary parties to this Writ Appeal)

21. Syed lntiyaj Ali, (The Respondents/Respondents Nos 9 to 65 herein are formal parties and not necessary parties to this Writ Appeal)

22.Gazala Tabassum, (The Responlents/Respondents Nos I to 65 herein are formal parties and not necessary parties to this Writ Appeal)

23. Syed r\ijaz Ali, (The Respondents/Respondehts Nos g to 65 herein are formal partiesr and not necessary parties to this Writ Appeal)

24. Wahidunnissa Begum, W/o Kaja Miran 25. Khaidirunnissa begum, W/o Khaia Mashrufulla 26. Syed \(ahid, Wo Syed Abdul Khader --aheruddin Ali, S/o Syed Wahid 27. Syed 28. Syed t/iqaruddin Ali, S/o Syed Wahid 29.Ch. Leela, Wo Dr. Sudhakar Rao 30. Ch. Nagakrishna Maheshwari (Died), (The Respondents/Respondents Nos g to 65 herein are formal parties and not necessary parties to this Writ Appeal)

31. C. Acchaya, S/o Bushaiah 32. Syed l\bdul Rauf, S/o Late Syed Abdul Wahab 33. Syed l\bdul Sanee, S/o Late Syed Abdul Wahab 34. Syed l\bdul Gani, S/o Late Syed Abdul Wahab 35:Syed l\bdul Jaled, S/o Late Syed Abdul Wahab 36. Shareef Begum, W/o Late Yousuf All Gazi 37. Syed l\zam Ali, S/o Late Yousuf Ali Gazi 38. Syed llazazm Ali, S/o Late Yousuf Ali Gazi 39. Syed ltludaram Ali, S/o Late Yousuf Ali Gazi 40. Remana Furinne, D/o Late Yousuf All Gazi 41. Smkitha,, D/o late A. Varaprasad 42. Dheeraj, S/o Late A. Varaprasad 43. M.A. Subhan, S/o not known 44.M.A. Mannan, S/o M. A. Subhan 45. Nushrcrth labeon, (The Respondents/Respondents Nos g to 65 herein are formal parties and not necessary parties to this Writ Appeal)

46. Ferahath Jabeen, (The Respondents/Respondents Nos g to 65 herein are formal parties and not necessary parties to this Writ Appeal)

47. Syed Shujath Ali, S/o Faiz Ali 48. Fathirna Begum, Wo Late Mohd Hyder 49. Mohd l(haja,, S/o Late Mohd Hyder 50.Mohd Sajeed,, S/o Late Mohd Hyder 51. Mohanrmed Ein Ali Bin Maritan, S/o All Bin Maritan 52. Mohantmed Bin Mohammed Bin Maritan, S/o Mohammed Bin All Bin Maritan 53.Tahir Bin Mohammed Bin Maritan, S/o Mohammed Bin Alt Bin Maritan 54.Ahmed Bin Mohammed Bin Maritan, S/o Mohammed Bin All Bir Maritan 55.Ayeshzr Siddqa, Wo Late Syed Shujit Ali, D/o Mohammed Bin Ati Bin Maritin 56. Ruqiya Begum, w/o Mustaw Ahmed, D/o Mohammei Bin All Bin Maritan 57. Khairunnisa Begum, Wo S.A. Razak 58.Abdul ]{ai, S/o Late Abdul Khader 59.Abdul Khader, S/o Late Abdul Razak 60.Abdul lViz, S/o Late Abdul Razak 61. Fahiida Khanam, Wo Mohd Kallemuddin 62. Zeshanmatin, W/o Mohd Shamshuddin 63. Khaja lrayatuilah, S/o Late Khaja Meeran 64. Khaja f:asiullah, S/o Late Khaja Meeran

65.Ouaderunnisa Begum, S/o Late Khala Mushruffallah (The Respondents/Respondents Nos.g to 65 herein are formal parties and not necessary parties to this writ appeal) .....RESPONDENTS Petition Under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant leave permitting me to file writ appeal against the orders passed in Wp.No.11031 oi 2014, dated. 29-01-2024 before the Hon'ble High Court of Telangana in the interest of justice. Petition Under Section 1Sl CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to -suspend the. orders passed in WP.No.12031 of 2014, dated. 29-01.2024 b-efore the Hon'ble High Court of Telangana in the interest of justice. OF Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents more particularly the respondent no.1 not to alienate the said property in Sy.No.36 situated at Bowenpally village, Balanagar mandal, Rangareddy District and further continue. status-quo, in the interest oijustice. Counsel for Appellants : SRI MANDAP.ATI MURALT KRTSHNA Counsel for Respondent No.l : SRI ARUVA RAGHURAM MAHADEV Counsel for Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for Respondent Nos.S to 8 : SRt G.RAGHUPATHI REDDY Counsel for Respondent Nos.g to 65 : SRI E.MADAN MOHAN RAO Writ Appeal under clause 15 of the Letters Patent to set aside the Orders dated 06- 12-2024 by His Lordship Justice, K.SARATH in W.P. No. 38965 of 2017 and uphold the Orders, dated. 01-02-2014 passed by the Joint Collector-|, Ranga Reddy District in Appeal No. F117122 of 2009 and to remand the matter back to the lnam Tribunal- Cum-Revenue Divisional Officer, Malkajgiri Division, Medchal Malkajgiri District with a direction to conduct fresh enquiry. on the file of the High Court. Between ^Sailu'

1. Smt B. Lalitha, D/o. Late Sri Nuchu Swamy Golla Swlmy' Wo B' Ag€d ' ,O"ri. ili i"ars, Occ. House Wife, R/o' 8-5-310/4' Brundhavan Colony' Old BowenPallY, Secunderabad. ,. ili-C-il;niia Bai, D/o. Late Sri Nuchu Swamv Golla Swamv' wo' -' C.An""n,"irh, Aged about.71 Years, Occ House Wife' C/o Canopus non"iiu., prt Lta,lso-e Sector-|, Lane-7, Cherlapally Phase-2' Hyderabad' W/o Late Sri M Mallesh' D/o' Late Sri Nuchu Swamy G;li, Su,"r"y, Aged about. 69 Years, Occ House Wife' R/o' H-No 3-4-58/3' Near Mahani<ali iemple, Kachiguda, Hyderabad-27 ' - swamy Golta swamy, wo. Late Sri G. rtrriiu.t,, Aged atout. 64 Years, Occ' House-'Wife' R/o H-No' 1-9-92' Comsari Bazar, New Bowenpally, Secunderabad' .....A''ELLANTS 4 s;i G. .Janabai, D/o. Late Sri a. S'.i. rtl.ilt - "gyareka, -Nuchu AND '1. Quadeer'unnisa Begum, D/o. Late SyeO Wazir Rti' 1{/o' Khala Mushrafullah) nJ".to Years, Occ.-. House Wife R/o H'No' 11-3-366/4/13' Srinivasa Nagar C6fony, S."unOerabad (Died as per LRs Respondent Nos' 6 to 8) - uxn"ia'tnavathullah,s/o.LateSmt.WaheedunnisaBegum'Age'48Years' o;;,.L,;aCruiiition"t, R/o. H.No. 't 1-3-366/4/1 3' Srinivasa Nasar colonv' Secund,srabad. S. [hrj. ii.irriah, S/o. Late Smt.Waheedunnisa Begum' Age' 42 Years' Occ' - ar.i;".r, R/o. H.No. 11_3-366/4/13, Srinivasa Nagar colony, Secunderabad. 4. $;i;.h; Begum Fahimidahanam, D/o' Late Smt'Waheedunnisa Begum' ' ng". iO Y"r", Rl/o. H.No. 4'5-47 , Bakalpura Street' Kamareddy Town and District. s. Tesnan Mateen, D/o. Late Smt.Waheeduuisa Begum' Age' 54 Years' Occ' -ffor""rryifeRl/o.H.No.4-5-4T,BarkatpuraStreet,KamareddyTownand . District. "ia Mushrafullah, Aged- 42 Years, Occ' Nill' ia*irllah, S/o. Late Quadeerunissa begum and Late Khaja o. ft z. frriit iin""r" M"ateen, D/o. Late Quadeerunissa begum and Late Khaia a. iameel Kousei D/o. Late Ouadeerunissa begum and Late Khaja " Mushrafullah, Aged. 53 Years, Occ' Legal Practitioner' frfrtnririfrn, Aged. 35 Years' Occ Household, (The Respondent Nos' 6 to I ,i" ny". i-N". it-g-eool+lt o, srinivasa Nagar colony' secunderabad) S. Sirt".i f"f"ngana, rep by its Principal Revenue Secretary' Secretariate r o. in"Jr?it colector_t, R.R. District (presenly known as Medchal-Malkajgiri '- oi.lri"ti, Om"e situaied at Keesara (presently Situated at Shameerpet)' Medch:al Diskict). f f .'neren,re Divisional Officer, R.R. District (Earlier known as RDO Chevella Building, Saifabad, HYderabad. f z.Fiata foof" Officers Co-Op., Housing Society,^Rep by its Secretary - Divisiorr, RR District) office situated at Malkaigiri' nt.xisnore s/o. M.Suriya piakash Fl/o-. H.No.2-22, Bhagiya Nagar colony. Kukatpally, R.R. District .....RESPONDENTS .A. Petition Under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Orders dated. 06-12-2024 passed in W.p. No. 38965 of 2017 during pending disposal of the above writ appeal. Counsel for Appellants : SRt G.RAGHUPATH| REDOY Counsel for Respondent Nos.l to 8 : SRI A.SANJEEV REDDY Counsel for Respondent Nos.9 to 11 : G.p FOR REVENUE Counsel for Respondent No.l2 : SRt E.MADAN MOHAN RAO writ Appeal under clause 15 of the Letters Patent preferred Against the order dated. 06-12-20245, in W.P.No.38372 of 2017. on the fite of the High Court. Between:

1. Smt B. Lalitha, D/o. Late Sri Nuchu Swamy alias Golla Swainy, Wo. B. Sailu, Aged about 73 Years, Occ House Wife, R/o. 8-5-310/4, Brundhavan Colony, Old Bowenpally, Secunderabad.

2. Smt G. Manila Bai, D/o. Late Sri Nuchu Swamy alias Golla Swamy, Wo. G.Bheemaiah, Aged about 71 Years, Occ House Wife, C/o. Canopus Adhesive Pvt Ltd, 150-B Sector-|, Lane-7, Cherlapally phase.2, Hyderabad. 3. Smt. M.Bhagyareka, W/o. Late Sri M.Mallesh, D/o. Late Sri Nuchu Swamy alias Golla Swamy, Aged about 69 Years, Occ House Wife, R/o.. H-No 3-4- 58/3, Near Mahankali Temple, Kachiguda, Hyderabad-27.

4. Smt G. Janabai, D/o. Late Sri Nuchu Swamy alias Golla Swamy, Wo. Late Sri G. Mallesh, Aged about 64 Years, Occ House-Wife, R/o.. H-No 1-9-92, Comsari 13azar, New Bowenpally, Secunderabad. AND .....APPELLANTS

1. Shareefa Begum, Wo. Late Syed Yousf Ali Gazi, Age 68 Yrs., Occ Agriculture,

2. Azam Ali, S/o. Late Syed Yousf Ali Gazi, Age 44 Yrs., Occ Service and Agriculture,

3. Mouzam Ali, S/o. Late Syed Yousf Ali Gazi, Age 38 Yrs., Occ private Service and Agriculture,

4. Syed Mukram Ali, S/o. Late Syed Yousf Ali Gazi, Age 36 Yrs., Occ private Service and Agriculture,

5. Rohina Farhine, D/o. Late Syed Yousf Ali Gazi, Age 39 yrs., Occ. Housewife, 6. Romana Amreen, D/o. Late Syed Yousf Ali Gazi, Age 35 Yrs., Occ Housewife, (All aro R/o. 9-4-132157, Mahabobb Garden Colony Seven tombs Road Tolichowiki, Hyderabad)

7. The Slate of Telangana, rep by its Principal Revenue Secretary, Secretariate Building, Saifabad, Hyderabad.

8. Joint Collector-|, R.R. District (presently known as Medchal-Malkaigiri District), Office situated at Keesara (presently Situated at Shameerpet), Medchal Districl.).

9. Revenue Divisional Officer, Medchal, R.R. District (Earlier known as RDO Chevella Division, RR District) (presently Malkaigiri Division. N/edchal- Malkalgiri District)

10. Praga Tools Officers Co-Op. Housing Society, rep by its president Shri P.Sambasiva Rao having the office at H.No.6-6-8/32, Kavadiguda. Sec-bad. .....RESPONDENTS Petitiori under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the f,peration of the Orders dated 06-12-2024 passed in W.p. No. 38372 of 2017 during pending disposat of the above writ appeal. Counsel for /\ppellants : SRI G.RAGHUPATHI REDDY Counsel for llespondent Nos.l to 6 : SRI A.SANJEEVA REDDY Counsel for llespondent Nos.7 to 9 : GP FOR REVENUE Counsel for Respondent No.10 : M/s. G.JHANSI W.A.NO:1 oF 2025 writ Appeal under clause 15 of the Letters patent preferred Against the order Dated 06-12-2024 in W.P.No.1670O of 2014 on the file of the High Court. Between:

1. Smt B. Lalitha, Wo. B. Sailu,D/o. Late Sri Nuchu Swamy @ Golla Swamy, Wo. B . Sailu, Aged about 73 Years, Occ House Wife, R/o. 8-5-310/4, Brundhavan Colony, Old Bowenpally, Secunderabad. 2. Smt G. Manila Bai, W/o. G.Bheemaiali, D/o. Late Sri Nuchu Swamy @ Golla Swamy, Wo. G.Bheemaiah, Aged aboutTl Years, Occ House Wife, C/o. Canopus Adhesive Pvt Ltd, 150-B Sector-|, Lane-7, Cherlapally phase-2 Hydera cad.

3. Smt. M.Bhagyareka, Wo. Late Sri M Mallesh, D/o. Late Sri Nuchu Swamy @ Golla Swaney, Aged about 69 Years, Occ House Wife, Fl/o.H-No 3-4-58/3, Near Mahankali Temple, Kachiguda, Hyderabad-27.

4. Smt G. Janabai, D/o. Late Sri Nuchu Swamy @ Golla Swamy, Wo. Late Sri G. Mallesh, Aged about 64 Years, Occ House-Wife, Rl/o. H-No 1-9-92, Comsari Bazar, New Bowenpally, Secunderabad. AND

1. D S N Raju, S/o D.S Raju aged about 67 years, Occupation Agriculture 2. D Sitarama Raju, S/o S N Raju, aged about 42 years, Occupation Agriculture, 3. D Siva Rama Raju, S/o D S N Raju, aged about 35 years, Occupation Agriculture (Respondents 1 to 3 are Rl/o Shamshabad Village and Mandal Ranga Reddy District)

4. MVNS Raju, S/o M R K Raju, aged about 48 years, Occupation Agriculture, 5. Smt M Nagamani, Wo M V N S Raju aged about 42 yeas Occupation House Wife (Respondents 4 and 5 are R/o Flat No 204 Saikrishna Apartments KPHB Colony Kukatpally Hyderabad ).

6.- M S Baju, S-/o_M R K_&aju,.aged"about 43yeqrs Occupation.Business 7. Smt M Subhashini, Wo M S Raju, aged about 38 years, Ocrupation House Wife, (The Respondents 6 and 7 R/o 13/3 MIG KPHB Colony, Kukatpally Hyderabad)

8. Smt R Ramavathi, Wo R Rama Ralu, aged about 60 years Occupation House Wife, Rl/o Flat No 212 Seshadri Block, Seven Hills, Nizampet Road, Kukatpally, Hyderabad.

9. B Pritam Teja, S/o B Ramalinga Raju, aged about 33 years Occupation Business,

10. B Rama Raju, S/o B Rama Linga Raju, aged about 32 years, Occupation Business, (Respondents 9 and 10 Rl/o Plot No 1242 Road No 62, Jubille Hills Hyderabad) 1 1. Smt B Jhansi Rani, Wo B Suryanarayana Raju, aged 47 years Occupation House Wife, Rl/o H No 1123lA Satyam Enclave Jeedimetla, Hyderabad 500 855.

12. Smt B Radha, W/o B Rama Raju, aged about 43 years Occupation House Wife, Fl/o Flat No 106, Park View Enclave, Road No 2, Banjara Hills, Hyderabad.

13.MP SN Raju, S/o M RIC Raju, aged about 53 years Occupation.business, Fyo Flat No 45, Mohit Apartments, Bhagyanagar Colony, Kukatpally, Hyderabad 14.Smt M Hymavathi, Wo MP S N Raju, aged 48 years Occupation House Wife, R/o Flat No 405, Mohit Apartments, Bhagyanagar Colony, Kukatpaliy' Hyderabad.

15.A P Ra!u, S/o A S N Raju, aged about 42 years, Occupation ; Agriculture, R/o Shamshabad Village and Mandal Ranga Reddy District.

16. Smt A Laxmi, Wo A P Raju, aged about 36 years, Occupation ; House Wife, Rl/o Shamshabad Village and. Mandal Ranga Reddy District.

17.Alluri Jithendernath, S/o Alluri Satyanarayana Raju, aged 57 years, Occupation Business.

18. Smt Alluri Rajeshwari, Wo Alluri Jithendernath, aged 52 years, Occupation House Wife,

19.Alluri Swathi, D/o Alluri Jithendernath, aged about 30 years' Occupation Student, Petitioners 17 to 19 are Rl/o Plot No 60 and 61 Satyam Enclave Jeedimetla Village Hyderabad.

20. Smt Clr Lakshmi Devi, Wo Ch SuOastr Ranga Raju, aged 60 years, Occup;ation House Wife, R/o Flat No 101, Jubille Residency, Navodaya Colony', Ameerpet, Hyderabad-073.

21.Ch Sul>ba Raju, S/o Subash Ranga. Raju, aged about 40 years, Occupation Business,R/o H No 113841A, Gandhinagar, Hyderabad.

22. Smt Clr Neelima, W/o Ch Subba Raju, aged about 38 years, Occupation Business, R/o H No 1 13841A, Gandhinagar, Hyderabad.

23.Ch Madhusudana Raju, S/o Subash Ranga Raju, aged 39 years, Occupation Business, R/o Flat No 101, Jubilee Residency, Navodaya Colony, Ameerpet, Hydererbad

24. Smt Clr Anupama, W/o Ch Madhusudhana Raju, aged 32 years, Occupation Business, R/o Flat No 101, Jubilee Residency, Navodaya Colony, Ameerpet, Hyderabad. (All the Respondents are rep by their G P A Holder, MP S N Raju, Slo M lR K Raju, aged about 55 years, R/o Bhagyanagar Colony, tVlahita Apartnrents, Flat No 405, Kukkatpally Ranga Reddy District

25.The Joint Collector-1, Ranga Reddy District (presently Medchal-Malkajgiri 'District), Lakdi.ka-pool, Hyderabad (presently{Presentlytl"re-Additional Collector, Medchal-tvlalkajgiri District).

26.The Revenue Divisional Officer, Chevella Division, Ranga Reddy District (presently The Revenue Divisional Officer, Malkajgiri Division, Medchal- lvlalkajr;iri District).

27.The Tahsildar, Balanagar Mandal, Ranga Reddy District (presently the Additional Collector, Medchal-Malkajgiri District).

28. Syed VVaheed, W/o. Syed Abdul Khader, Clo. Khaza Manzoor Ali, Advocate, Room \o.61, RR Towers, Opp Medwin Hospital Main Entrance Gate, Chirag;ali Lane, Abids, Hyderabad

29.Kazim Ali Gazi, S/o. Late Syed Mohd. C/o. Mohd. Anwarddin, Advocate, H.No.12-2-786/33, Dilshadnagar Colony, Mehadipatnam, Hyderabad.

30.Syed tl,lohd, (died per LRs) 31. Kazim Ali Gazi, S/o. Late Syed Mohd 32. Faizunnisa Begum, W/o. Gazi Mohd lshequaddin. 33. Meherunnisa Begum, W/o. M.A.Kazim, 34.Zaibunnisa Begum, W/o. Samsher Ali 35. Miss lvlubshirunnisa Begum, D/o. Late Syed Mohd 36.Abdul [1azak, (died Per LRs) 37. Kairunnisa Begum, W/o. Late Abdul Razak, 38.Abdul llai, S/o. Late Abdul Razak, 39.Abdul t(hader, S/o. Late Abdul Razak, 40. Abdul l\ziz, S/o. Late Abdul Razak. 41.Jafar Ali, S/o. Mohd Ali. 42.Abdul\Vahed, (died Per LRs) 43. Syed A.bdul Rauf, S/o. Late Syed Abdul Waheb 44. Syed Abdul Sanee, S/o. Late Syed Abdul Waheb 45. Syed Abdul Gani, S/o. Late Syed Abdul Waheb 46. Syed Abdul Jaleel, S/o, Late Syed Abdul Waheb 47. Syed lfthekar Ali, S/o. Late Wazir Ali (died Per LRs) i.Khaiser Sulthana, Wo.Late Syed lftekar Ali ii.Smt.Rana Tabassum iii.Syed lntiyaj Ali iv.Gazala Tabassu, v.Syed Aijaz Ali

48. Praga '[ools Officers Cooperative Society, Rep. by BSN Raju. 49. N. Saty'anarayana, S/o. Late Sri Nuchu Swamy

50. Smt.N.Varalaxmi, Wo. Late Sri N.Mohan 51. Mr. N.Sunil, S/o. Late Sri N.Mohan 52. N.Sukanya, D/o. Late Sri N. Mohan 53.N. Srinivas, S/o. Late Sri Nuchu Swamy 54. Khaderunnisa Begum, W/o. Late Khaja Mushrufulla, (died for Lrs Respondent No.59, 60,

55. Khaia inayathulla, S/o. Late Khaza Meeran, 56. Khaia Faisullah, S/o. Late Khaza Meeran, 57. Fahimida Khanam, W/o. Mohod. Kaleemuddin 58. Zehanmatin, Wo. Mohd. Shamshuddin 59. Mrs. Taheera Mattlen, D/o late Quadeerunissa Begum, 60. Hameeda Kousar, D/o late Quadeerunissa Begum, (The RespondenURespondents Nos. 28 to 60 herein are formal parties and not necessary parties to this Writ Appeal) .....RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Orders daled 06-12-2024 passed in W.P. No. '16700 of 2014 during pending disposal of the above writ appeal. Counsel for Appellants : SRI G.RAGHUPATHI.REDDY Counsel for Respondent Nos.1 to 24 : M/s. BHARADWAJ ASSOCIATES Counsel for Respondent Nos.25 to 27 : G.P FOR REVENUE Counsel for Respondent Nos.28 to 60 : SRI E.MADAN MOHAN RAO The Court made the following COMMON JUDGMENT I THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOTJRABLE SRI JUSTTCE VAKITI RAMAKRISHNA REDDY W.A.Nos. 1177, I 169, 1236 of 2024, l7 1,1052,1033.1065 of 2025 COMMONI JUDGMENT: (Per llonourable Sri Justice Vakiti Ramakrishna Reddy) The present batch of writ appeals comprises Writ Appeal Nos 1177,1169 and 1236 of 2024, and 171'of 2025,, directed aga'inst the common order dated 29.01,.2024 passed by the learned Single Judge in W.P. No.i2030 ol' 2014 and batch, whereby proceedings initiated under the 'lelangana Abolition of lnams Act. 1955 (for short "the Inams Act") were examined and adjudicated.

2. For r:onvenience of ret'erence and ef-fective adjudication, Writ Appeal No.1 177 of 2024 is treated as the lead appeal, and the decision rendered thorein shall govern the remaining connected writ appeals, as all of them arise out of thc same conlmorl judgrnent, involve identical issues, and emanate from a shared f-actual and legal matrix. The writ appeals principally question the correctness of, the common judgment of the learned Single Judge whereby the appellate order dated

01.02.2014 passed by the Joint Collector under Section 24 of the 2 lnams Act was set aside, and the Occupancy Rights Certificate granted by proceedings dated 28.1 I .1979 was restored.

3. By the irnpugned common judgment dated 29.01.2024, the learned Single Judge, upon an elaborate consideration of the statutory scheme of the Telangana Abolition of Inams Act, 1955, held that the appellate authority had exceeded the pennissiblelimits of jurisdiction under Section 24 of the Act. The learned Single Judge found that the remand ordered by the Joint Collector was legally unsustainable, and accordingly restored the Occupancy Rights Certificate dated

28.1I .1979, holding that the deterrnination of occupancy rights made thereunder had attained statutory finality and could not be unsettled on the basis of, belated or speculative claims unsupported by proof of possession as on the vesting date.

4. During the course of hearing in the lead appeal and the connected matters, learned Senior Counsel and learned counsel appearing for the respective parties advanced extensive submissions, inter alia, on: (a) the statutory scheme, object, and operative provisions of the Telangana Abolition of Inams Act, 1955;(b) the extent and lirnits of applicability of the Telangana Tenancy and 3 Agricultural Lands Act, 1950 to inam lands, particularly in view of Section 3:i oI the Inams Act; (c) the evidentiary value of contempora.neous revenue records in determining possession as on

01.11.1973. the notified vesring date;(d) the scope and limits of appellate jurisdiction under Section 24 ol rhe Inams Acr; and (e) the impact of delay, laches, finality of statutory determinations, and allegations ,rf fraud.

5. The writ Appeal Nos. 1065, 1033 and 1052 of z\zs in rhe batch were instituted subsequently and challenge the orders passed by another learned Single Judge. However, it is not in dispute that the said orders substantially follow, apply, or rest upon the reasoning adopted in the common judgment impugrred in the lead writ appeal. A detailed tabulation of all the writ appeals tilcd in the present case is furnished be,low: Writ App,:al No. W.A No. I l'|7 12024 W.ANo.l16912024 W.ANo.l236/2024 Writ Petition No. and Date of the order W.P No.12030/2014 - Dated: 29.01.2024 W.P No.1456812014:- Dated: 29.01.2024 W.P No.l 1079/2014: - Dated: 29.01.2024 W.A No.l7l of 2025 W.P No.1203l/2014:- W.ANo.l033l202s Dated: 29.01.2024 W.P No.3837212017:- Dated: 06.12.2024 st. No \

5. Case Nos. and Date of Common Order of Joint Collector Case No.Fl/7122/2009 Dated: 01.02.2014 Case No.Fl/1122/2009> Dated: 01.02.2014 Case. No. Fl/712212009 Dated: 01.02.2014 Case. No. F11220012009 Dated: 01.02.2014 Case No.[r l/71221200 9:- Dated: 01.02.2014 4

6. 7 W.A No.105212025 W.ANo.106512025 7:- W.P No.389651201 Dated: 06.12.2024 W.P 16700/2014: - Dated: 06.12.2024 Case No.Fl/712212009- Dated: 01.02.2014 Case No.Fl/712712009- Dated: 01.02.2014

6. Since the correctness of the common judgment dated 29.01.2024 constitutes the central issue permeating all the writ appeals, and as the decision rendered in the lead appeal would neeessarily govern the outcome of the remaining matterg-this Court deemed it appropriate to hear all the writ appeals together and dispose of them by this comlnon.iudgment. 7 . As all the writ appeals involve common questions of law arising out of a shared factual and statutory background, this Court is of the considered view that the ends of justice would be best subserved by adjudicating them together, thereby ensuring consistency' certainty, and unifonn aPPlication of law. Pa and thei r status: I. 8. The appellants are the daughters and legal heirs of late Sri Nuchu Swamy alias Golla Swarny, who is claimed to have been a protected tenant in respect of part of the subject land. Respondent No.l is Praga Tools Society, which claims title through the original 5 inamdars. The remaining respondents are either legal heirs of the original inartdars or persons clairning through them. II. Brief Factual Background:

9. The lrrnds in dispute are situared in Surrvey No.36 (Old Survey Nos.l7/l and 17l2), admeasuring Ac.33.38 gunras, ar old Bowenpally village,-Balanagar Mandal, Ranga Reddy District. The lands are admittedly lnam lands originally held by Sri Akbar Ali sabu, Syed Ahmed and Mohammed Ali, the inamdars.

10. In exercise of powers under the Telangana Abolition of Inams Act, 1955, the Revenue Divisional officer, chevella Division, upon conducting a statutory enquiry under Section l0 of the Act, granted occupancy Rights certifrcate (oRC) in favourr ol'the inamdars by proceeding:s No. AI|L233/75 dated 28.I I .1979 III. Subsrequent Developments and Proceeclings: i 1. Nearly three decades later, in the year 2009, rhe appellants and certain other persons claiming to be legal heirs of protected tenants preferred appeals before the Joint Collector under Section 24 of the Inams Act. asserting that the grant of ORC in favour of the inamdars 6 was illegal, that their predecessor-in-interest was a protected tenant, and that no notice was issued to thern prior to the grant of ORC.

12. The Joint Collector, by order dated 01.02.2014, set aside the ORC and remanded the rnatter to the Revenue Divisional Officer for fresh enquiry, primarily on the ground that entries in the Protected Tenancy Register were not duly considered ai the timGtf gianiing ORC.

13. Aggrieved thereby, respondent No.l filed W.P. No.12030 of

2014. The learned Single Judge allowed the writ petition, holding that the Joint Collector lacked .jurisdiction to entertain appeals after an inordinate delay of over three decades and that possession as on 0l.l I .1973, the statutory date of vesting, stood established in favour of the inamdars. The said judgment formed the basis for subsequent orders passed by another learned Single Judge, which are also under challenge in this batch.

14. Heard Sri G. Itaghupathi Reddl'. learned counsel for the appellants, Sri D.V. Seetharamamurthy, learned Senior Counsel representing Sn Aruva Raghurarn Mahadev, learned counsel on record for the 7 respondent }{o.l , Sri E. Madan Mohan Rao, learned Senior Counsel appearing for the unofficial respondents. IV. Submissions on behalf of the arrpellants: The primary submissions of the appellants may be summarised as follows A. Erroneous in rence with a well-reasoned te order:

15. Learrred counsel for the appellants contended that the learned Single Judge committed a manifest error in law in setting aside the order dated 01.02.2014 passed by the Joint Collector-l, Ranga Reddy District, which was the outcome of a detailed appellate exercise undertaken strictly in accordance with the 'l-elangana Abolition of Inams Act, 1955 and the Rules framed thereunder.

16. It ra'as submitted that the appellate authority, upon a careful examination of the record and after atfording opportunity to all concerned, recorded clear and categorical findings, inter alia, to the effect that: (i) the original proceedings culminating in granr of oRC in the year 1979 were conducted behind the back of the protected tenants and their legal heirs; 8 (ii) no notice whatsoever was issued to the appellants or other persons claiming protected tenancy rights; (iii) the Protected Tenancy Register of 1950, a statutory revenue record, unequivocally established the existence of protected tenancy over the subject land; and (iu) the finding recorded by the Revenue Divisional Officer in 1979, to the effect that no protected tenants existed, was demonstrably contrary to official records and suffered from non-application of mind.

17. Once such foundational defects were noticed, it was contended that the Joint Collector was not only justified but duty-bound to set aside the flawed order and remit the matter for fresh adjudication. The remand, it was argued, was consisterrt with settled principles governing appellate jurisdiction under special statutes, particularly where the original authority failed to conduct a lawful and comprehensive enquiry. B. Appellants' Status as Protected Tenants and Deemed Owners:

18. Learned counsel further submitted that the appellants' father was an undisputed protected tenant, and upon his death, the appellants 9 inherited rhe tenancy rights by operarion of Section 40 of the Telangana Tenancy and Agricultural Lands Act, I950, which expressly declares such rights to be heritable.

19. It we.s urged that, by virtue of Section 3g-E of the Tenancy Act, ownership cf the land stood statutorily vested in the protected tenants, 'subject onl;r to the limited exteptions recbgniied under the Act. In the absence of, (i) a valid surrender of tenancy in strict compliance with Section i9, (ii) eviction effected th.ough due process of law under Section 32, no right, title, or interest could lawfully vest in the inamdars or their successors.

20. Reliance was placed on the authoritative pronouncement of the Hon'ble Suprerne courl in Thota sridhar Recldy v. Mandala Ramulamrra/, wherein it was held that once a person is recognised as a protected tenant, the conferment of ownership under Section 3g_E follows as a matter of statutory consequence. Reference was also made to the Baddam Narasimha Reddy rine of cases, which t 1zozt116 scc I 10 consistently affirm the primacy of protected tenancy rights over competing claims of inamdars' C. e,t RC 2|.ItwasnextcontendedthattheoRCgrantedintheyear|979 was vitiated by fraud and suppression of material facts, inasmuch as it obtairied: (i) (i i) bydetiberatelysuppressingtheexistenceofprotectedtenancy; bymakingfalseassertionsregardingpossessionandcultivation; (iii) without issuing notice to persons whose statutory rights stood directly affected.

22. Such an.order, it was submitted, is a nultity in the eye of law' incapable of conferring any valid rights. Strong reliance was placed on S.p. chengalvaraya Naidu v. Jagannath2. wherein the Supreme court held that a judgment or order obtained by playing fraud on the courtisanutlityandcanbechallengedatanystage.Furtherreliance wasplacedonA.Shanmugamv.AriyaKshatriyaRajakula3, 'atR 1994 sc 853 'ArR zo12 sc 2o1o

1.L emphasising the duty of courts to uphold truth and to deny tegitimacy to proceedings tainted by falsehood.

23. It was argued that once fraud is established, limitation has no application, and the plea of finality cannot be invoked to protect an order that is void ab initio. D. Li m ita on - Anoeal lil ed within time m date of knowledee:

24. On the question of limitation, learned counsel submitted that the appellants were neither parties to the 1979 proceedings nor were they serve,d with any notice thereof. Consequently, limitation under Section 2tr(l) of the Inams Act could comlnence only from the date of knowledg:, which, in the present case, was in November 2009, when certified copies of the proceedings were furnished.

25. It rvas submitted that the appeal was filed within thirty days thereafter and was therefore well within time. l'he appellants placed reliance on the following decisions in support of the proposition that limitation runs from the date of knowledge where the affected party was not served with notice (i) T. Madhava Reddy v. Joint Collectoroa o TSHC: W.A. No.796 0f 201-6 decided on 1g.10.2023 L2 (ii) Ghousia Begum v. Joint Collectors; and (iii) M. Ramulamma v. RDO6, affirmed by the Hon'ble Supreme Court in (2021)16 SCC l'

26. It was further submitted that the scheme of the lnams Act does not mandate a separate application for condonation of, delay and that the very act of entertaining the appeal signifies the appellate authority's satisfaction regarding sufficiency of cause' ce of of Respo ndent No.l: E.A 27 . Learned counsel contended that Respondent No.l lacks locus standi to maintain the writ petition, as his claim is founded solely on agreements of sale clated 12.07.1985, which stand declared void and unenforceable.

28. It was pointed out that the said agreements were hit by Section 38-D of the Tenancy Act and section 23 of the Indian contract Act, l872,and were declared void by this court in Rev. cMP No'472 of 2Ol3,which decision was affirmed by dismissal of the Special Leave Petition by the Hon'ble Supreme Coutt' ' zorg (z) ALD 684 u TSHC: CRP No.3848/2018 decided on 03.06.2019 13

29. A pelson without a subsisting legar right, it was argued, cannot invoke the :xtraordinary jurisdiction of this Court under Article 226. Reliance was placed on the following clecisions, which reiterate that writ jurisdir;tion can be invoked onry by a person who demonstrates a legally enfcrrceable right. (i) Ayasublkhan Noorkhan Pathan v. State of MaharashtraT; (ii) K. Jay:rram v. Bangalore Deveropment Authorifys; and (iii) sarvepalli Radhakrishnan university v. Union of Indiae F. Powers of the An pellate Aut 30. It was further submitted that the Inams Act is a self-contained rity to and: code, and that the appellate authority exercising jurisdiction under Section 24 is vested with all incidental and ancillary powers necessary to render effective justice, including the power to remand matters where foundational facts have nor been properly adjudicated.

31. Reliance was placed on the judgments of the Hon,ble Supreme court ir, Muddada chayanna v. Karnam Narayana.r0; Muniyall:rppa v. B.M. Krishnamurthy,rr; and Madukappa v. E 'etR zo t: sC sg 1zozz1t2 scc 8I5 '1zors; 14 scc 782 to geze13 scc 42 U AIR 1992 sc 212

1.4 Rudrappal2, wherein it was held that appellate tribunals under special statutes possess the authority to remit matters for fresh enquiry where justice so demands. tteference was also made to the decision of this Court in Kallem Niranjan Reddy v. State of Telangun"", affirming the perrnissibility o{'remand under the Inarns Act' G. Wrif C u ted u

32. Lastly, it was contended that the controversy in the present case involves disputed questions relating to possession, surrender, abandonment, and subsistence of tenancy, all of which require appreciation of oral and documentary evidence'

33. Such issues, it was submitted, fall outside the scope of adjudication under Article 226 of the Constitution of India. Reliance was placed on DLF' Flousing and Construction Co' Pvt' Limited v' Delhi Municipal Corpo rationta, wherein the Supreme Court cautioned that writ jurisdiction is not an appropriate forum for resolving complex and disputed questions of fact' '' AtR 199+ sc I l9o, " zoz3 (6)ALT 773 ArR 1976 sc 386 15 V ISS e Res t Peti The principal contentions of the respondents may be summarise,J as fbllows: A. Ina Act claims: -ce 34 Learned Senior counsel appearing for the respondents/writ petitioners submitted that the entiie edifice of ; tS challenge proceeds on a fundamental misconception of the statutory scheme governing the grant of occupancy rights under the Telangana Abolition of [narns Acr, 1955. It was contended that the Act is explicitly possession-centric, and the entitlement to occupancy rights is determilred not on abstract historical claims but strictly on the basis of actual possession as on the notified date, narnely 0l . I I .1973.

35. It was submitted that Sections 4 to g of the Inams Act comprehe,rsively enurnerate the dil'ferent categories of persons who may be entitled to be registered as occupants. l-lowever, irrespective of the categr>ry, the common and ovemiding requirement is that such person must be fbund to be in possession of the inam land as on

01.11 .1973, which is the srarurory vesting and qualifying date under the Act 16

36. Learned Senior counsel emphasised that the o.: does not recognise theoretical, dortnant, or abandoned claims' The right to occupancy is a statutory benel'tt conferred only upon those who satisfo the possession test on the appointed date, and the enquiry before the Inam Tribunal is therefore necessarily directed towards ascertaining who was in actual possession of the land on 01' I I '1973 ' B. f d decisive: ion n favo I rs rs

37. [t was submitted that i1 the present case, the [nam Tribunal, after due enquiry, recorded a clear and categorical finding that the legal heirs of the inamdars were in possession of the subject land and that no other category of claimant, including protected tenants, was found in possession as on the crucial date' 3g. The oocupancy Rights ceftificate granted in the year 1979 is founded squarely on this findilg of possession. It was argued that such a finding, rendered by a competent statutory authority under the Inams Act, goes to the root of jurisdiction and cannot be lightly reopened, particularly after it has attained hnatity for more than three decades' 17

39. Learned Senior counsel submitted that significantly, neither the father of the appellants nor trre appelrants themserves were ever f,ound to be in prlssession of the subject lancl, much less as on 0l .ll.lg73. There is no contemporaneous revenue record, pahani, or other documente,ry material dernonstrating their possession on the quali$,ing date.

40. In the absence of proof of possession as on 0r.1r.r 973, the appellants' claim fairs at the threshold, irresp,ective of whether their predecessc';f woS once recorded as a protected tenant decades earrier. C u under the Inams Act th I'en h

41. Lea'ned Senior counsel further submitted that the appelrants, reliance orr the Telangana Tenancy and Agricurtural Lands Act, 1950 is legally misconceived and ignores thc cxpress regisrative rnandate contained n Section 33 of the Inarns Act, 1955. 42' It was contended that Section 33 makes it abundantry crear that the provisrons of the Tenancy Act apply onry to the rimited extent expressly r;aved, and that once the Inams Act came into force, rights 18 relating to occupancy and ownership of inam lands are govemed primarily and predominantly by the Inams Act itself' -l'enancy Act rrray be relevant for identiffing the

43. while the nature of tenancy, it cannot override the possession requirement under Sections4toSofthelnamsAct,norcanitbeinvokedtoconfer ocbiipan6yrightsuponpersonswhowerenot-inpossession-onthe statutory date.

44. l.earned Senior counsel submitted that the appellants' attempt to relyuponSection38.EoftheTenancyActtobypassthepossession test under the lnams Act is impermissible. The conferment of ownershipundertheTenancyActdoesnotoperateinvacuumand cannot disptace the statutory enquiry mandated under the Inams Act for inarn lands. D. c n

45.Itwasarguedthattheappellants,heavyrelianceonanentryin theProtectedTenancyRegisteroflg50iswhollymisplaced.Suchan entry, at best, indicates the existence of tenancy at a point of time morethantwodecadespriortothecrucialdateof01.11.|973. 19

46. The Inams Act does not recognise historical tenancy revered from poss:ssion. what is determinative is whether such tenancy continued and crystallised into possessio. on the vesting date. The appellants have failed to demonstrate continuity of possession, cultivation or enjoyment either imrnediately prior to or on the qualifuing date. 47 - Learned Senior counsel subrnitted that abandonment of cultivation. loss of possession, or resurnption by the inamdar prior to 01.1I .1973, even if not formally recorded, is suflicient to disentitle a claimant under the Inarns Act. E t r , Re and Sche 48' It wers contended that the Joint Collector, while setting aside the 1979 oRC and ordering remand, faired to appreciate the possession_ centric nature of the lnams Act and proceeclecl as though the mere existence rrf a historical tenancy entry was sufficient to reopen concluded proceed i ngs. 49- The remand order, it was arguecl, etfbctively nulritied the statutory findings on possession and sought to reopen an enquiry 20 which stood concluded on the basis of facts as they"sxisted on

01.11.|gl3.suchanapproachdefeatstheobjectoftheActand undermines ceftainty in land tenure'

50.ItwassubmittedthatthelearnedSingleJudgecorrectly appreciatedthislegalinfirmityandrightlyinterferedtorestorethe ORC F. iii accordance with the statutory scheme' ,,

51. In sum, it was submitted that: (i) the Inams Act is possession-centric' (ii) entitlement to occupancy rights depends upon possession as on 01.1 1.1973, (iii) the legal heirs of the inamdars were found to be in possession on the qualifoing date' (iv)theappellantsortheirpredecessorwereneverfoundtobe in possession on tl're qualifying date' and (v) the Tenancy Act has only a limited and controlled application under Section 33 of the lnams AcL

52. Consequently, the learned Single Judge committed no error in restoring the ORC granted in 1979'and the writ appeals' which seek tounsettleapossession-basedstatutorygrantafterdecades,areliable to be dismissed. vr.

21. ON

53. In th,l light of the rival subrnissions advanced at the Bar, the statutory framework governing inam lands, and the jurisprudence bearing upc,n the inter-play between the 'ferangana Abolition of Inams Act, 1955 and the Telangana Tenancy and Agricultural Lands Act, 1950, the f<lllorving points arise for determination in the present batch of writ appr:als: (i) whether the granr of occupancy rights under the Telangana Abolition o1' lnams Acr, I955 is essentially posst:ssion-centric, and whether actual possession o[ the inam land as on 0l .11.1973 constitutes the decisive sratutory test for confi:rment of such rights, irrespective of the category of clainrant. (ii) whether, in view of Section 33 of the Inams Act, the provisions of the Telangana Tenancy and Agricultural Lands Act, 1950 can be invoked to override or dilute the possession requirement prescribed under Sections 4 to g of the lnams Act in relation to inam lands. (iii) whether the occupancy Righrs cerrificare grarlred in the year 1979, founded upon a categorical finding of possession in favour of the legal heirs of the inamdars, could be reopened 22 11 after several decades in the absence of proof of possession of the appellants or their predecessor as on the qualiffing date. (iv) whether the Joint collector, while exercising appellate jurisdiction urrdcr the lnatns Act, was justified in setting aside the lgTg ORC and ordering remand by treating historical tenancy entries as sufficient to reopen concluded proceedings' (v)WhetherthelcarncdSingleJudgewascorrectin inieifering with the remand order- of the Joint-eollector and- -'- ---- restoripg the occupancy rights granted under the Inams Act, and whether such interference warrants reconsideration in these writ aPPeals. VII. ANALYSIS AND FINDINGS 54. We have bestowed our anxious consideration upon the rival submissions advanced on behallof the parties, carefully examined the material placed on record, and reflected upon the statutory scheme governing the field, particularly the Telangana Abolition of Inams Act, 1955 and the 'Ielangana 1'enancy and Agricultural Lands Act, 1950. we have also perused the impugned common judgment rendered by the learned single Judge and the orders passed by the revenue authorities, including the grant of the occupancy Rights Certificate in the year 1979 and the subsequent appellate proceedings' \" 23 The contn)versy before us does not turn merely upon competing f,actual assertions, but raises questions touching uporl jurisdictionar contours, .egislative intent, and the proper construction of special agrarian ref,orm statutes. Act. 1955 e []

55. Before adverting to the points for determination. it is necessary to examine the statutory scheme, object. and operative fra'rework of the Telang(rna Abolition of Inams Act, r955 (hereinafter referred to as "the lnams Act"), as a conect appreciation thereof lies at the heart of the controversy in the present batch of writ appeals.

56. The ln,rms Act is a special agrarian reform legislation enacted with the avowed object of aborishing intermediary inam tenures, vesting inam lands i, the state, and redistributing rights therein by conl'erring ()ccupancy or ownership upon persons who were in actual possession,rf such lands as on the statutorily notified date. The Act is designed tc, bring about certainty of land tenure, prevent absentee ownership, and avoid the revival of dormant or speculative claims unaccompanied by possession. 24 1tive Histo rY of the lnams Act. 1955 Brief 57. The Inams Abolition Act came into force on 20'07'1955, having received the assent o[ the President on 16.07'1955' The enactment marked a signihcant legislative intervention in the agrarian structure oftheTelanganaregion.TlreAct(a)abolishedallinamsotherthan village service inams and inams held by religious and charitable institutions;(b)convertedinamlandsirrtoryotwarilandsby subjectingthemtofullassessment;(c)perrnittedinamdarsandtheir tenants to continue personal cultivation within the permissible limits under the Tenancy Act; and (d) provided for payment of compensation toinamdarsandotherswhoseinterestsstoodextinguished.

53.AsaconsequenceoftheabolitionbroughtaboutbytheAct,all rights, title, and interest vesting in inamdars and other persons in respectofinamlands-irrcludirrgcommunallands,cultivatedand uncultivated lands, waste lands, pasture lands, forests, mines and minerals,quarries,riversandStreams,tanksandirrigationwork, fisheries and ferries-stood extinguished and vested absolutely in the Statefreefiomallencumbrances.Theinamlandswerethereafter renderedtiableforpayrnentoflandrevenue'andallrentsand 25 revenues a(lcruing in respect thereof became payable to the State. Persons whose rights so vested were reregated to a statutory claim for compensation strictly in accordance with the provisions of the Act.

59. The Inams Abolition Act initially did nor bring service inams within the ':u^'iew of its provisio,s. The Andhra pradesh (Telangana Area) Abolition of Inams (Amendmcnt)-Acf l9g5 lAct 29/g5l was reserved f<rr the assent of the president and received such assent on

17.12.198-<, which was published in the Anclhra pradesh Gazette on

26.12.198,';. This Amendment Act amends the preamble, Sections I and 3 of the Principal Act. In the prearnble the words "with certain exceptions" have been omitted ab initio. Sec.l(2) of the principal Act has been r;ubstituted ab initio, to read: "(2) It extends the whole of Telangana Area of the State of Andhra pradesh and shall apply to all inams as cjefined in clause (c) sub-section (l) of Section 2."

60. Purr;uanr to the 1985 Amendment Act (Act 29 of l9g5), service inams als, stood abolished and the horders of service inams became entitled o,ly to grant o[ occupancy rights (as other class of inamdars), under Sec,tion 4 of the Act, pursuant to an enquiry by the collector under Section l0 of the Act. 26 Analvsis of the Provisions 61. The foregoing legistative background makes it necessary to closely examine the definitional and operative provisions of the [nams Act, as they provide the statutory vocabulary and structure within which claims for occupancy rights are required to be adjudicated' The definitions contained in Secti on 2 are not merely descriptive, but are deterrninative of eligibility, category, and the scope of rights that may crystallize under the Act.

62. Section 2( I )(b) of the Inams Act deFrnes "date of vesting" when used- (i) in sub-section (1), sub-sectio n (2) with reference to clauses (a), (b), (c), (e) and (f), and sub-section (3) of section 3 and in section 34, means the date of publication of this Act in the Official Gazette; (ii) elsewhere in this Act means the date appointed by the Government under clause (b) of sub-section (3) of section I '

63. Section 2(lXc) of the inatns Act delines "inan'l" to mean land held under a gift or a grant tnade by the Nizam or by any Jagirdar, holder of samsthan or other competent grantor and continued or confirmed by virtue of a tnuntakhab or other title deed' with or without the condition of service and coupled with the remission of the 27 whole or part of the land revenue thercon and entered as such in the village rec.rds and includes (i) Arazi Makhta, AraziAgrahar and Seri lnam; (ii) lanos herd as an inam b,v, virtue of rong possession and entered as inam in the village records. The proviso to Sec. 2(c) enacts that in respect of fbrmer Jagir areas the expr.ession ,,inam,, shall not include such iands as have not been recognized as inqms by the Governmelrt alter the abolition of Jagirs. 64- Section 2(r)(d) defines "inamclar" to mean a person holding an inam or a share therein, either for his own benefit or any trust and includes the surccessor-in-interest of an inamdar. where the inamdar is a minor, a, idiot or of unsound mind, his lawful guardian and where a joint family such joint farnily wourd constitute an inamdar. 65- Secr.ion 2(l)(e) defines "r(abiz-e-r(adim', to mean the horder of inam land. other than ar-r inamdar, who has been in possession of such land at tlte time of the grant of inam or has been in continuous possessiorr of such land tbr not less than twelve years before the date of vesting and who pays the inamdar only the land revenue. 28

66. Section 2(l)(0 defines "land revenue" to mean the land revenue assessed by the Government under Tthe Telangana Land Revenue Act, 13 17 Fasli and the rules thereunder, and where no land revenue has been assessed, the arnount of land revenue that could be reasonably assessed if the land had been liable to payment of revenue'

67.Section2(lXg)defines'\ron-protectedtenan[']tomeanatenant other than a perlnanent tenant or a protected tenant' 6g. section 2(l)(h) defines "pertnanent tenant" to mean a person who, from a date prior to loth June, 1950, has been cultivating the inam land on a permanent lease fiom the inamdar whether under an instrument or an oral agreement' Sectiorr2(lXl)defines,,Protected.fenant''tomeantheprotected 69 tenant as de{'rned in [the Telangana Tenancy and Agricultural Lands Act, 1950

70. Section 3 0f the lnams Abolition Act deals with Abolition and vesting of inarns and the consequences thereof: (l) Notwithstanding anything to the contrary ,ontoinid in ky'ttsage, settlement' contract' grant' sanad., order or other instrument, Act, regulation, rules utDLtI :;:#;:::' i, :i rr, # :: 1: ",,: : ::::, #,, ;:!;; ; 'tow puo aporfud arat ,tiry *oq^ {q rnputDut aqt ruo.r! alqua^ocat aq or anwruoc ,arup ,7r,.,, .itS, ,ttor,t, qcns tuo lo padsal u1 Bullsaa lo atop aW uo anp {11n{no1 Surutowa"r ,ssa) .taqto ro 1ua*ynb :1pn{ so "taqlaLl,A 'anuaaal to srDailD ilo (a) ;p!lD^ aq nu tpLls asnolc sllfi lo uotlua,D.ttuoc u! apDlu luautod'r{un purs' :.,o,,*ou, ur,, ot lou puD apts aLlt ot aportod aq ilDqs ,Bu11iaa lo alop ary .ratto ro uo ,spuol ruDu! tlcns'lo' iadsa,r' ur Bumtcco 'sary1or(o,t puo sassac Butpnlcl, anLtaAal puol puo slua,t llo (p) lanuanat puol lo tuau{od ot dlqo!l uq 11oq, spuDl uDu! qcns fiD (c) !sacuotqwn)ua 71o tuo"r!aat{alois aqt ttt K1alryosqo patsaa aq puD asDa) lf2qs ,sart"ta! puo sar.taqstf '$ltout uo1lo31,tt1 puz $luDt ,Sutza",tlS pul S.,ta^t.t ,sau.,tonb 'slotaunu puo saulul ,sTsato! ,spuDl atnlsod ,spuDl a$DM '(tou "to passassl taqtaqa,) spuol paru^uru)un puD paloNUnc ,spuol lounanluoc llD w asoqt Butpnlcut puo lcv slt|t to suotst,ro.td rapun .,to ,tq pa^DS essatdxa tsaralut aW uory Dqrc ,puDl ttlDln ary.{o tcadsa.t u! ruoual pa|ca|otd-uou puo tuouq pa1ca1o",td ,ruouq tur,ur*ru6 'utpul-a-ztqul ,roputuu! aW u! Burlsaa lsaaru! puD afig 'sltt8tt ilD (q) !sutout ptDS aW ot {lddo fiDqs ,ant)aAar puolto sasodtnd .ro! spuol paruualf)un ol iu1jr1r, ,!lsD-l ll€l 'tcv anua^ay puoT ouo*uo1al aqnt .{o s:uo1s1ao"rd aW puo tlddo tou ,tcv s1t1tlo rro,r,no.rd ir,ti'"t ,7uo,u*ncla.t ato ,bry 'ruatxa aql q ,lptls sruo"t8 rufiry lo nadsat u1 ac.toL y.t1 _s/!f?!l? puD suolto1nBa.,t ,rr1r) ,irur*rror,, Dqrc puo IZSOf 'pV saprlnbug rue1y ouo1uolal aqil7l to suotsra,o.td aqt puD ,sutDut ot Bulplar llsDl 'tcv anua^ay puDT ot.nt*ur4a.L aW lo s'uorsta,o"rd aW @ -:r(lautou ,ansua lpqs sacuanbasuoc Buiuolq{ aqt '&utrsaa to app aW tuo"{ na,[a LfitM pLtD tcy s1t1t lo suotya.o.td aqt "tapun rc tq paptao..rd tlssa.tclxa so aaog (7) tpqs puD paqslpqD uaaq a^oq ot paaaap:';;f";!'rf^;; sttlout 11o'8urysaato atop aqt u.to{tcalla qil^ iri'',LtnoJ t?ttty .to anuatay ,U^IJ o /o n/.ro to aa.Dap ,ruaw*pnf tuo Surpuqsqfiiltou puo mo1lo ac,to!at4t Bul,toq .tap.to "to 6Z 30 amount poyable to him under t:hts Act; (fl no such inam shall be liable to attachment or sale in execution of any decree or other process of any court and any attachment existing on th'e date of vesting or any order for attachmentpassedbeforesuchdateinrespectofsuch inam, shall, subiect ti the provisions of section 73 of the Trans.fer of Pripet'ty Act, 1882, cease to be inforce; (g) the iiamdar and any other person whose rights have vested in the state under clause (b) shall be entttled only bcompensationfromtheGovernmentasprovtdedforin this Ait; (h) the relationship with regard to inam land as betuveen the inamdar -and--kabiz-e-kndim,'permanent tena'nt,pt,otectedtenantornon.protectedtenantshallbe extinguished: (i) ilru inamdar. kabiz-e-kndim, permanent tenant' pirotected tenant, and a non-protected tenant of inam landsandanypersonholdingunderthemandaholderof an inam, ,nafi as against the Government' be entitled onlytosuchrightsa-ndprivilegesandbe.subjecttosuch conditton, o, Zru pro,idud for under this Act and any other rights and privileges which may have accrued to ony of tium in thi inam before the date of vesting against the inamdar shall cease and shall not be enforceable against the Government or the inamdar' 6) Nothing contained in sub-sections (l) and (2) shalloperateas-abartotherecoverybytheinamdarof an,v sum which becomes due to him before the date of ve'sting b)' virtue of his rtghts as inamdar and any such ,r,,n Joil be reco,erable by him by any process of law' which, btttfor this Act, would be available to him'"

71. Section 4: Registration of inamdars as occupants' "4. (l) Every inamdar shall' with ffict from the date of vesting, be entitled to be registered as an occupant of aii inam lands other than- (a) lands set opoit 1o, ilr" village community' grazing lands; waste lands,forestlands,rntnesandquarries;tanl<s'tankbeds and irrtgation worl<s, streams and rivers; (b) lands in respect if *t f"t any person ts entitled to be registered \ ['uo11o,t1s1Ba.,t pa*^ltruc Dqpql^ (1) uor.cas-qtxs ur pa11[rcan, ,r;:::;i, aql to ssacxa Ln Ltolssassod uq u! spuol u,tou! lo padsa,t u! lcv stqt rapun .tot paptao.td so rua.ruutauog aW ruol! uollosuadwoc ot paqUua aq ilolls .topruDm aqJ G) 'a1qor(od s! | tlcltlrvt,to lcadsa.t Ltt puq aqt uo anp anltatar puol lo srDarrD sD alqDralo)at aq ilotls 'ruawr(od qcns /o l1no{ap L.tt puD anLtaAa..t pltol pnultD ary WIM 3uo7D sruau.tlqlsln lDnuL,n) Ltat uotfi a,,tout lou ut alqotod aq pqs Mntlua.td lo rynouo aq.L .puol qcns .p nadsa.t ut alqo{od anuaaa"t put?l aLp puD ryq tq plod 'r(uo fi '\ua*ynb "to rynf aqt uaa(waq acuata!fip'aqt saunl aag[-rbuaul ol pnba tLtnou.tD Lto unnl.uatcl si' ruaruu.tavog aW q stod aq ssapn ( 1) uoltcas-glts Dpun puol ,tuo jo ruodncco uo sD pata\nBa.t aQ lptlt^ .tDpLLtDut oN C) qcns q uaat8 aq ilDLts paga ou puD pto^ plto ilnu uaaq a^oq ol s,(oryo pautaap aq iloqs puD lloqs uo11o,t1s13at q)ns S96l'tcv (luaapuaruy) sutDul to uotilloqv (oa.ty ouoBuolal) qsapD.td orqpuy. aqt lo ruawacuaruruoc aql n{o B puo I 'g 'g suott)as rapun ruodncco LtD so paals!&at uaaq soq uottntltsul snot?tlat ro alqqttDLlc pauracuoc aLil uory Dqrc uostad tuo araqw ru1fi nqunt pap^o,td .996l {o OZ l)V ;uotto^tqnc puostad /? uot,tpuoc aqt tnoqttAt puo Burp1oq eruto! )q, ,ru,,1 tloq puo mol ot rualxa .{o uoltcl.qsar ruoqtru aaoqo (c) puo (o) sasnq) ur pag[icads asoqt uDW raqrc sput2l Luou! tto lo tuodncco uo so pataln*at aq q pa7!rua aq Upq$ auolb uii!1iqlsu1 aW puo B puo I ,g ,g suorycas .tapun Tuodncco uo sD pata\n&a"t aq q pd7!rua aq lpqs uos"rad ou suo!rur!$u! snor8t1at puo alqDfirDq) lo 7111'auaq aqt tot to tq Haq ato sruout araqil rury pa?^odJ I t '.3u1p1oq Qrwotaqt saruu firq o putc no{ o1 pnba a,ro ,{11ouos.,tad irlrn,tl,r, puo su^lo Qalo.todas aq spuol n,uo tfitw raqta&o\ ,qnqu. puo uollottqnc Touos.tad stq "tapLtn araAl ,Bwlsaa lo a1np aqt atolaq Qarypawlut Wlqd :ropu,tDut aW ul)qt raqp uostad tuo rtq pautlo s&utplmq pat)a.ta uaaq a^oq Wlqtur uodn spuol @) :tc7 aql lo B puD I ,g ,g suotpas npun IT 32 72 Section 5: Registration of kabiz e-kadim as occupant. " 5. ( I) Every kabiz-e-kadim shall, with ffict from the date of vesting, be entitled to be registered as an ' occupant in respect oJ'such inam lands in his possession which were uidu, his personal cultivation and which, together with any lancls he separately otvlts and cultivates p)'rsonall.)) Qre Lqual to four and a half times the family holding , a ih" kobtr-e-kadim shall be entttled to compensation from the Government as provided fo' under this Act in respect of Inam lands, in his possession tn excess of the limii specrfied iry sltb-sectyl() whelhe1 cultivated or nol."

73. Section 6: Registration of permanent tenants as occupants. " ( l) Every permanent tenant shall' with effect from the date of ,eiting, be entitled to be registered as an occupant in respect of such inam lands in his possession as may be teft'over after the allotment under section 4, which tmmeiiately bifore the date of vesting were under hispersonalculttvationandwhtch,togetherwtthany lands he separately owns and cultivates personally, are eqttal to four and a half times the family lol.ding" .(2)Thepermanenttenantshallbeentitledto compenscttionfi'omtheGovernmentasprovtdedfor underthisActinrespectofina.mlandsinhispossession in excess .f rhe limit in sui-section (l) whether cultivated or not. (3) ltto permanent tenant sholl be registered as an occupanto.f.anylandundersub-section(l)unlesshe pays to the Government as premium an amount equal to 'nienty.five times the land revenue fo' d'y land and nine tf*ei fo, v'et land. The amount of premium shall be payabie in not more than ten annual instalments along 'with the annual land revenue and in default of such payment, shall be recoverable as arrears of land revenue 'diu on the land in respect of which it is payable' [Provided that a permanent tenant who is a poor person 33 -the - shall be eligible to be registered as an occupant under sub-section (r), without payment of any premium to the Government. Explanation; F'or purpose of this section, section 7 and section B, a poor p"rion is one who does not own any rand or property other than the lnam land under his occnpation encr enjctyment and whose family income is not more than rhe inion as prescribed by the Governmentfrom time to timeJbr treating him as a person below poverty line.,, "

74. section 7: Registration of protected tenants as occupants. "(l) Every protected te,ctnt shall, with elJbct _from the date of vesting, be entitlecl to be ,"girt"i:ud as an occupant of such inam rands in his porr"r-iion ,s may be left over after the ailotment under section 4, which were under his personal curtivation and which, together with any lands he separately owns and cultivarrr"p"rronally, are equal tofour and a half tines the famity holding_ (2) T'he protectecr tenrnr shctil be entitred to compensation from the Governmenr as provided for under this Act in respect of inam rands rn irs possession in excess of the lintit specified in sub-section itl whether cultivated or not.- provided that (a) he continued to be a tenattt of such inctnt lands until the date of vesting; ctr (b) tf he is not irt possessior. lte herc been urtlavfulty dispossessed of such rands by the inamdar between the l0th ofJune, 1950 and the date o.f vesting. (3) No protected tenant shail ie entitled to be registered as an occupant under sttb-section ( r ) unress he pays to the Gove.rnment as premittm un amoltnt eqltal to f,,ty tintes the land revenre for crry rand ancr-irrir,"", times for wet land. T'he amount of premittm shall be payable in not tnore than ten annuar- instarments arong with the annual land revenue and in default o7 ,urh poyment shall be recoverable qs qrreers oj land ,j"rrrr" due on the land in respect of which it is p)yable. l4[-Provided thai the-protectei tenant who is a poor 34 person shall be entitled to be registered as an occupant under sub-sectton (l), without payment of any premium to the Government.J

75. Section 8: Registration of non-pr<ltected tenant as occupant' "(l) Every non-protected tenant, shall, with ffict from the datc of vesting sttbject to section j7 of 15[the Telangana Tenancy and Agricultural Lands Act, 19501 be entitted to be registered as an occupant of such inam lands in his possession as may be left over after the allotment uncler section 4 whtch, immediately before the date of vesting, wet'e under his personal^cultivation and which, togetpir with any lands he separately owns and cultivates personalll'', are equal to four and a half times thefamtly holding'. (2) The non-protected tenant shall be entttled 'rornpunrotion from the Government as provided for undir this Act in resstect of inatn lands in his possession in excess of the lirnit prescribed in sub-section (1) whether cultivated or not. " (3) No non-protected tenant shall be registered as an o7 ory land under sub_section (l) unless he 'oicupant pays to thi Government as premium an amount equal to 'stity times the lancl revenuefor dry land and twenty times .for-wet land. The amottnt of prentium shall be payable in not more than ten annual instalntents along with the annual land revenue and in defoult of such payment' shall be recoverable as arrears of land revenue due on the land in respect of whiclt it is payable' l6[Provided that a non-protected ienant who is a poor person shall be entitled to be rep;istered as an occupant under sub- section (1), withiut payment of any premium to the Government." 35

76. Section l0: Enquiry by Collector in certain cases. " I0. Collector shall examine the nature and history of all lands in respect of which an inamdar, kabiz-e-kadim, pernrunent tenant, protected tenant or non-protectecl tenant, clairus to be registered as on occupant under sections 4, 5, 6, 7 and 8, as the case may be, and dectde- (a) in whose favour, and in respect of which inam lanals, the claims should be allowed; (b) the land revenue and the premium payable in resp'ect of such lands."

77. Secr.ion 33: Savings. "Nothing in this Act shall in any way be deemed to qffect the application of the provisions of [the Telangana T'enancy and Agricultural Lands Act, t950J to any inam or the mutual rights and obligations of an inamcJar and his tenants, save in so far as the said provisions are in any way tnconsistent with the express provisions of this Act."

78. Thus, section 3 of the Act provides for abolition of inams and vesting of all inam lands in the State, f,ree from all encr-rrnbrances. Such vesting, however, is not intended to culminate in permanent State owtership, but operates as a transitional rnechanisrn enabling re- allocation of rights strictly in accordance with the categories, conditiorLs, and statutory tests prescribed under the Act. 'the definitional scheme itself reveals a deliberate legislative emphasis on possession and personal cultivation. Categories such as .,inamdar', "kabiz-e''kadim", "permanent tenant", "protected tenant", and,,non- ,/ / 36 protected tenant" are recognized not as abstract holders of historical rights, but as persons whose entitlement under the Act is conditioned upon possession and cultivation as on the relevant statutory date. 3: ndV the Gatewav Sections 4 to 8 tional

79. Section 3 of the Telangana Abolition of lnams Act, [955 gives to the abolition of inams and provides ftr tho vesting of all inam lands in the State. This vesting operates notwithstanding anything contained in prior grants, sanads, judgrnents, or enactments, and has the effect of extinguishing all pre-existing proprietary and intermediary interests in such lands.

80. The vesting contemplated under Section 3, however, is neither absolute nor terminal in character. [t is expressly rnade subject to the rights preserved and created under the subsequent provisions of the Act. The State does not emerge as a peffnanent owner of inam lands; rather, the vesting functions as a transitional statutory mechanism, intended to clear antecedent claims and to enable a fresh, uniform, and legislatively controlled reallocation of rights. 37

81. This transitional nature of vesting is evident from the scheme of Section 3 itself, which sirnultaneously abolishes prior relationships and extinguishes inter se rights, while expressly preserving the entitlement rf specified categories of persons to seek registration as occupants in accordance with the Act. Vesting under Section 3 thus operates as a legal prelude, not a substantive conferment of ownership.

82. The legislative design becomes explicit when Section 3 is read in conjunct:on with Sections 4 to 8. These provisions constitute the operative hr:art of the Act, delineating the classes of persons who rnay be registere;d as occupants and prescribing the conditions subject to which suctr registration may take place. The abolition and vesting eff-ected under Section 3 find their practical culmination only through the determinations contemplated under Sections 4 to 8.

83. It i:;, therefore, only upon satisfaction of the statutory requiremerrts prescribed in Sections 4 to 8 most notably, the requirernent of'actual possession on the notified date - that occupancy rights crystallise. Until such determination, the State holds the land in a custodial capacity, pending identification of the statutorily entitled occupant. ,, 38 Sections 4 to 8: Statutorv Scheme for Conferment of Occupancy Riehts

84. Sections 4 to 8 of the Inams Act enurnerate the distinct categories of persons who rnay be registered as occupants, narnely, (i) inamdars, (ii) kabiz-e-kadim, (iii) permanent tenants, (iv) protected tenants, and (v) non-protected tenants. While the Act recognizes these separate- classes;- it does not accord automatic entitlement to occupancy merely by reason of status or historical association with the

85. A conjoint reading of Sections 4 to 8 makes it abundantly clear that the legislature has imposed a uniform and overriding statutory condition across all categories: the claimant must be in actual possession and personal cultivation of the inam land as on the notified vesting date relevant for conferment of occupancy rights, namely

01.1 1 .t973

86. The date of vesting for the purposes of Section 3 (2) (a), (b), (c), (e) and (f) and Section 3(3) and Section 34 is the date of publication of the Act in the OfficialGazette. The date of vesting for the purpose of the other provisions of the Act is the date appointed by 39 the Government under Clause (b) of sub-section (3) of Section I of the Act. Thus, the date of vesting for the purpose of abolition of the inams and tl-re consequences of abolition is 20th July, 1955, whereas for the t,urpose of the other provisions of the Act, the date of vesting is the date appointed by the Government, namely, lst November,

1973. Therefore, the date of vesting for grant of occupancy rights will be the notified date, namely, lst November,1973

87. 'the differentiation among categories becomes relevant only after th: foundational fact of possession is established. Status under the Act is thus derivative and consequential, not determinative in the first ir.stance. Possession operates as the jurisdictional gateway througtr which every clairn under Sections 4 to 8 must pass.

88. This legislative design dispels any notion that historical title, antecerlent tenancy, or prior revenue entries - standing alone - can confer a vested right to occupancy. The Act consciously rejects a status-centric model in favour of a time-specific, possession-based test, thereby promoting certainty and finality in land tenure. 40 Section l0: Statutory Enouiry and the Determination of Jurisdictional Fact

89. Section 10 of the Inams Act rnandates the Collector to conduct an enquiry into the nature and history of the land and to decide in whose favour the claim for registration as an occupant should be allowed. The enquiry contemplated under this provision is not open- ended or discretionary in nature; it is a structured statutory enquiry confined to the parameters laid down by the Act.

90. Central to the enquiry under Section 10 is the determination of actual possession as on the notified vesting date. This requirement is not merely evidentiary. Possession on the qualifuing date constitutes a jurisdictional fact, the existence of which alone vests the Collector with authority to proceed further under Sections 4 to 8.

91. Where such possession is not established, the statutory authority lacks jurisdiction to grant occupancy rights, and the enquiry must necessarily terminate. Conversely, once possession on the qualifying date is duly established on the basis of contemporaneous material, the jurisdictional condition stands satisfied, and the authority is thereafter required to determine the appfip?ate statutory category and pass 47 consequ3ntial orders. 92' Findings recorded under Section l0 with respect to possession on the qualifying date, when rendered by a competent authority upon due enquiry. form the foundation of the grant of occupancy rights and attract :;tattrtory finality. Such findings cannot be reopened or unsettletl except on grounds that go to jurisdiction, such as perversity, non-consideration of material evidence, or violation of principles of natural justice. Judicial Afti rmation of the Possessio n-Centric 93. Tre possession-centric character of the Terangana Aborition of Inams ^/\ct, 1955 has received consistent and authoritative judicial affirmation. rn Mohtt. Ati and others v. Government of A.p. ernd othersts the erstwhile High court of Andhra pradesh held that vesting of inamr; in the State under Section 3 is merery transitory and remains subject to the rights crystailising under Sections 4 to g. The court undersc,red that the state functions as a statutory custodian until claims :rre deter,rined in accordance with the Act, and that actual possession coupled with personal cultivation constitutes the decisive '' 120r3 (ll AUt 643) / 42 criterion for conferment of occupancy rights. The Court held as under: " 10. In my considered opinion, the said contention is without any sttbstance. Il is true that the Inams were abolished w.e.-f., 20.07.1955 and that all the Inams stood vested in the State as per Section 3. However, mere vesting lhe Inam will not confer any right on the State to claim absolute rights. Provisions of Section 3 vesting the Inant in the Government is subject to the rights of the parties under Section 4 to 8. Under Section 4, every Inamdar is entitled to be registered as an occupant. Similarly, under Sections 5 to 8, every kabiz-e-kadim, a permanent tenant, protected tenant and a non-protected tenant, respectively, are entitled to be registered as occupants of the land under their personal cultivation. It is crucial to note that the registration so made in favour of the occupants will have the effect from the date of vesting, i.e., in the instant case w.e.f, 20.07.1955. It is lrue that the name of the school was found in the reverute records inthe year 1958-59 and it was recorded as the owner in the year 1989-90. Nonetheless, it cannot be said that the school acquired ownership rights absolutely because its possession is not absolute, but il is subject to the aforesaid provisions of the Act. As noticed, the State Government does not become the absolute owner merely because the property is vesled in it. In the scheme of the Act the State Government holds the property as a custodian and its t'esting ts only transitory, until the provisions of Sections 4 to 8 are invoked by the claimants. " 94 In State of Muharashtra v. Lqxman Ambaiit6 the Supreme '6 irgzr (2) scc 146) 43 Court, whils construing analogous provisions under the Hyderabad Abolition of Inarns framework, elucidated that the legislative intent was to preserve existing possession until occupancy rights could be statutorily rtdjudicated. 'fhe C-ourrt clarified that neither the landlord nor the tenant derived possession by executive grace, but that such possession was protected by the statute itself pending final determination trnder the Act. '[he relevant paragraphs are reproduced as under; "ll.Clause (b) o/ Section 2 of the 1955 Act defined the expression "date of vesting". The Hyderabad Abolition of Inams (Amendment) Acr, 1956 (Act l0 of 1956) (hereinafter called the " 1956 Amenclment Act") which v,as deented to have come into force on July 20, 1955, provided asfollows: "Notwithstanding unything contained in the principal Act, with effiu front the date oJ publiccttion of that Act in the Officiat Gazette and till the contmencemenl of the provisions mentioned in clause (b) of sub-section (31 oJ Section t of that Act, the fult land revenrye, payable in respect of every Inam abolished and vesting in the Government under section 3 o.f that Act, shall be recovered from the Inamdar of such Inam as iJ'he v,ere the occupant of such land and, on the contmencen?ent of the sctid provisions oJ' that Act, it shail be recot,ered in accordance with those provisions."

16.Section 4 of tlrc 1956 Amendment Act provided -fo, recovery of land revenue front the Inamdar with effect from the date of publication of the 1955 Act, namely, July 20, t955. Section 4 of the 1956 Amendment Act was to remain effective and operative till the / 44 a\ commencement of the provisions mentioned in sectton I(3)@ of the r955 Act, nomery, Jury r, rg6a. section 4 0f the rg56 Amendment Act provided for recovery of land revenue from the Inamdar as if he were the occupant of such rand. The u,ords "as i,f he were the occupanr of such land" indicate that the Inantdar was to be treated in possession of the Inam. This was necessary because the grant of occupancy rights mentioned in sections 5 and 6 0f the Ig55 Act did not come into ffict tuttil ,luly r, r960. The dominant idea was to continue the rerationship of landlord and tenant in re.spect of the Inam rand and to rook to the lnamdar onryfor rand revenue by treating him to be an occupant.-

17. Sectiois 4, 5, 6, 7 and g of the igis lr, aral respectively with registration of Inamdars, Kabiz-e-kadim, perntanent renant, protected tenant and non-protected tenant os occupant.e. These occupancy rights under sections 4 to g courd not be granted before July l, 1960, when these sections came intoforce. up to Juty r, 1960, the mutual rights and obrigations of the randrord and the tenant were preservecl by providtng inter alia in Section 33 of the 1955 Act, the application of the Tenancy Act. Again, after the aborition of the Inams by the rg55 Act the right of the randrord to be in possession was preserved. simirarry, the right of the tenant to continue in possession was presarved- Neither the right of the randlord nor the right of the renant was ,ny right which flowed from any authority or grant of the Government' These rights emanated from the protective provisions of the statute. It is because of the continuance of the mutuar rights and obligation's of the landlord and the tenant that section 4 of the 1956 Amendment Act recogntsed the lnamdar "as if he were in occupation of the land" for the purpose of rand reventle. This riab,ity of the Inamdar to pay rand revenue was provtded in order to enabre the Inamdar to enioy all hts rights including that of revenue in the lnam land. 45

18. It may also be noticed here that although the scheme of the 1955 Act u,as to abolish the Inams qnd to vest the land in the state, there v'as no provision in the Act empowering the Government to resume poss'ession. '[he relation.ship balween Inamdar and his tenont came to an end on July l, 1960, yvhcn the State by reason of the conting into.force of sections 4 tct s of tlrc 1955 Act granted occupancy rights to persons mentioned in those sections."

95. The Division Bench of the erstwhile High court of Andhra Pradesh in B. Ramender Reddy v. District collectorlT authoritatively held that the right to obtain occupancy rights is not co- related to the initial vesting of inams in the State in 1955, but is contingent upon possession as on 01.11.1973, the date on which the remaining 'rperative provisions of the Act were brought into force. The court made it explicit that possession on the notified date constitutes the decisive statutory test for entitlement under Sections 4 to 8. The c,f,urt observed as under: "39. In the State of Andhra pradesh, the rest of the provisions v'ere brought into force on l-ll-1973. we Kave already pointed ctLtt that the right to get occltpuncy right is not co-related to the rig,ht of vesting of inams in the Government. In othet words, though the lands vested in state on 20th July, 1955, if the inamdar or various types of tenants were in possession of land os ot1 t-l l-1973, they would be entitled to occupancy rights under the Act. "1t9l: (2)An\vR8a) 46

40. We have already referred to the definition of vesting under Section 2 of the Act. It contemplates two-dates of vesting viz., one for the purposes of Section 3(2) (a), (b), (c), (e) and (fl qnd Section 3(3) and Section 34 and another for the purpose of the remaining provision.s of the Act. The date of veslingfor the purposes of Section 3(2) (a) (b) (c)(a) and (f and Section 3(3) and Section 34 is the date of publication of the Act in the Official Gazette. The date of vesting for the purpose of the other provisions of the Act is the date appointed by the Government under Clause (b) of sub-section (3) of Section I of the Act. In other words, the date of ve of abolition of the inants and the consequences of abolition andfor the purpose'of repeal is 20th,luly, 1955, whereas for the purpose of the other provisions o-f the Act the date of vesling is the date appointed by the Government, nam,ely, lst November, 1973. Therefore, the date of vestingfor grant of occupancy rights will be the nottfied date, namely, Ist Noventber, 1973. We are, therefore, of the view that the Act itself contemplates r**o different dates of vesting and the rtght to get occupancy rights is not co-related to the right of vesting of inams in the State. Therefore, in any view of the matter either in pursuance of the judgment of the Supreme Court in State of Maharashtra v. Laxman Ambaji (supra) or in view of the definition qf 'date of vesting' under Section 2 o.f the Act. the relevant date .for obtaining occupancy rights is I-l l-1973. 55. From the obove, itfollows that the relevant dalefor the purpose of recognistngthe occupancyrights under Sections 4 to 8 of the Act is l- I l-1973. If, on that date, either the inamdar or the dffirent categories of tenants are in possession of the land, they would be entitled to seek grant of occupancy rights...."

96. A simitar exposition is found in G. Venkat Rom Reddy v. 47 Najeebunnisats wherein it was held that notwithstanding earlier determinations by Atiyat authorities or historical orders, the grant of occupancy rights under Sections 4 to g must be independently adjudicaterl b), the collector through a statutory enquiry focused on possession as on 0l.l I .1973. The court held as under: " 28- Having considered the submissions at the Bar ctnd gone through the record and the order impugned in this appeal, wc' are of the vievv that the approach of the rearned singre Judge tn dealing with the question involved is erroneorts. Learnecl single Judge proceeded on the basis that as the order of Nazim Atiyat Court hacl beconte final, therefore, it had to be given effect to irrespective of the coming into force of the lnam Act, u,hich is totalry qn erroneous approach. The learned Judge faited to take into consideration the developments which have happened i.e. coming into force of the beneficial legislation i.e. Abolition of lnams Act. The Act is q-bgneficial legislation. 21th Jury, 1955 is the date on u,hich all inant.; !9!L e ect 1973 in the State of Andhra I I tgeL)zrant qf occupancy rights. I*espective of the rtrtrer passed by the Nazim Atiyot, the cluestion of the grant of occupancy rights under sections 4 to 8 has to be decided by the Colrector hrrding an inquirs: as prsvialsd under Section r0 of the Inam Au. Notwithstanding gbgltion o.f the inanrs on 20.7.1955 and vesting of the imams in the plovldgd-they were in possession o-f the land as on rhe ,elevant date, '81200s SCC: Online Ap 245) 48 I of the Act were bro ught into force. "

97. These decisions, read curnulatively, place the legal position beyond doubt that the Inams Act embodies a deliberate legislative shift from historical entitlement to present possession, and the statutory enquiry rnandated thereunder is rigidly anchored to the notified vesting date. Antecedent rights or prior adjudications, unaccompanied by possession on the qualif,iing date, cannot displace the statutory mandate.

98. The possession-centric statutory scheme delineated above necessarily informs the nature, scope, and timits of the enquiry contemplated under Section l0 of the Act. Section l0 is not a procedural appendage but the jurisdictional fulcrum of the Inams Act mandating a focused adjudication by the competent authority on the foundational fact of possession as on the notified date of 01.11.1973. The existence or absence of such possession is not merely evidentiary in character; it constitutes a jurisdictional fact upon which the very authority to confer occupancy rights depends.

99. Consequently, the enquiry under Section t0 is neither roving 49 nor historical in nature. It is statutorily confined to determining who was in actual, lawful possession of the inam land on the qualiffing date, baseC on contemporaneous revenue records, cultivation, enjoyment, ilnd other indicia relevant to that point in tirne. Antecedent claims, earlier tenancy entries, or historical orders may furnish background context, but they cannot substitute, dilute, or override the statutory rerluirement of possession on 01.1I.1973.

100. Once a competent authority, acting within the parameters of Section l0 records a clear finding on possession as on the notified date, such determination attains statutory finality sr-rbject only to appellate scrutiny within the framework of the Act. Absent demonstrable jurisdictional error, perversity, or violation of principles of, natural justice, such findings cannot be reopened on the basis of speculativr: or stale claims dehors the decisive statutory touchstone. Statutory scheme and obiec t of the Telansana Tenancv and As ricultural lands t, 1950

101. It is equally necessary to notice the statutory scheme of the Telangana Tenancy and Agricultural Lands Act, 1950 (hereinafter referred tc as "the Tenancy Act"), as considerable reliance has been 50 placed by the appellants on certain provisions thereof, particularly Sections 38-E and 40 including section 34 which defines the protected tenant and Section 38 (1) and 38(7), wherein the conditions laid down for grant of 38-E ownership rights. The extracts of the relevant sections are as under: "Section 34 : Protected Tenants: (l) A person shall, subject to the provisions of subsections (2) and (3), be deemed to be a protected tenant in respect of land tf he,- (a) has held such land a.s a tenant continuously,- (i) for a period of not less than six years, being a pertod wholly included in the Fasli years 1342 to I j52 (both year.s inclu.;ive), or (ii) for a period of not less than six years immediately preceding the lst day of .lanttary, 1948, or (iii) for a period of not less than sx years commencing not earlier than the I st day of the Fasli year 1353 (6th October, 1943), and completed before the commencement of this Act, and (b) has cultivated such land per.sonally during such period: [Provided that where the landholder is a minor or is serving in the Naval. Military or Air Forces in lndia, the tenant shail not be deemed to be a protected renant if before the expiration of one year from the date on which the minor attains majority or the landholder ceases to serve in the saidforces, thc landholder gives three months' notice in writing intimating his decisiorl to terminate the tenancy if tn goodfaith he requires the land to cultivate personally: Provided further that where the landholder is a person permanently incapable of cultivating the land by reason of mental disability the tenant shall not be deemecl to be a protected tenant if before the expiry of one year fi.om the death of the land-holder, the person who succeeds to the land gives three months'notice in writing intimating his dectsion to terminate the tenancy i,f in good faith he requires the land to cultivate personally, )o 'tfio) ruapdwm olo .tapto to aanap o lo acuonstnd ur puol q)ns utot! palcu,a sDM aq (D) -tt puot qcnslo t)aclet ul ruouq palcalotd D aq q pawaap aq pu ,uolpasqns pql u! paururuo) Sutqfiuo Sutpuolstqtrwtou 'llDtls tuDuq palcatotd D aq q (1) uo;122t -qns npun pauaap st aq qclqtt lo padsat m puDl lo uotssassod ut n8uol ou s! pV slqt to ruauaJuaawoc aqt ru oqM uosracl tl (t) 'asnDl) ruqt lo @ asnolc-qns ut pat{tcads poyad aql st pouacl 8uu{tpnb asoqil uostarl aqt ,uos.tad q)ns ou e ilaqt .fi (q) 'uolnas-qns pqt lo @) asnr4c lo (1) asnolc-qns ut pryiro:,'i, pot"tad aqt s1 poyad Surt{rpnb asoqt uostad aql A, -aq iloqs pawaap os aq q pail!rua suos.tad qcnslo auo {luo aqt 'uott)as-qns ru1il u! pauwtuoc Sutqr(uo Sulpuolstqtl6 tou ,uaql 'pun1 ,fuo fo nadsat m ruDuU panalo"rd D aq q paluaap aq q (t) uoltcas-qns rapun paq!rua aq pruo^^ uostad auo uDql a.tou ataq,y ft) 'puol qcnslo Tcadsat u! stuDuq pana1o.td aq ot pzaaap aq 'pa11{1nl at? uolpas sru| 4 paglicads suottlpuo) taqto aqt Ji 'puo ,(llouostad puq qrns ap^!ilnl ot sanwruo) puD paru!ilnl mary lo tun 11 'iloqs suos.tad qcns ilD stuouq so [1tu!o[ suostacl arou .to ory tq ppq s! puol ,fuo ilaql4 -:lll-uottDun1dx-g 'pot,tad 3ut(01onb qcns Sultolnrpc u! papryrm aq ilolls puq Dqp qrns naq aq ,'pry/^ 3u1np pot.tad ary ',fi1ouostad paruallnc aq Wru,A puol nqtt tuo a3o1pa, auos aql m .tanoqpuq aruDS aql wott app plos aqt ;uolaq sna,( xts ulqqil awrl tuo tD tuouot D sD Haq '(o) asno1c m pau(nruaw spouad Suufipnb aaqt ary lo tuo lo tndxa to ailrp aqt uo tuDury o sD pllDl wns Haq oq/^ uQstad_aop fi :11 uoltrcuDlclxE 'pouad Sutt{tpnb qcns Surppcloc u! papry)u! aq ilDqs tuDuq D sD puol Wns ruaq uostad Dqp qcns LlJu,lu But.rnp pouad aqt 'uostad raqto q)ns ol ilaq uD st puD luDuil sD puDl qcns ruaq sDq aq ! rc puol aqt Haq os oq/^ uostad DqrcuD u,ro{ uotssa)Jns ro acuDttraqul ,q aaDS aqt noq q awoc (o) asnDlJ ut pauottuoru spouacl 8ut$tpnb aaqt aW to tuo lo ttldxa lo alnp aqt uo tuDuq D sn puol q)ns ppq oqm uostad aWll -:l-uot1outldxq ['sonaotd pros ary ur pag[rcads ,firqosp o o1 pafqns atD srappqpuL\ qrns ilo ssapn ,fiddo tou ilDqs soslAotd olyv tsDl aLil srappqpultl tulo! auo uDttt atou rapun ruaq s! puol aLfi araq/il -:uotlouo1dxg IS aq '/QuoqruD fiqrc n punquJ ro anua^ay lo ptoog aqt lo rapn aW rc 'uno) tun lo npto to aatcap 'ryaru8pn[ tuo Sulpuorsqtlr$ou 'llatls tuouq pa1ca1o"td tlrns 'uolpas-qns srut lo sasodtnd aqt n{ uary 'rapunaraq pans$ uotlocrlfr1ou ary lo app aW uo puo1 aqlto uorssassod ul lou s! 'e t uoltras ut pap1rcd sD tDpltst4oJ ary to np.to tq puo tauuau aqt w uaqt ay*taqp passassodsrp 3u1aq sllt lo runo))D uo 'tuouq patcatotd o 11 -:uo11ouo1dxg 'Surpaaco.rd q)ns w uolslrap aW qt!^ aouoplocco u! puDl ary to uotssassod sulDnt ruDuil aq7 uaqw pul 'paru)ap Qpur{ st Surpaacotd tlrns qrrylw uo 'app aqt uo pffi at1o1 ilDqs puDl qcns Jb drt4stauuo lo nlsun.rl ary 'patrtrcu os app aW uo Sutpuad sr tf uott)as ro e I uotl)as.to 6l uotpas Dpun Sutpaacotd tuo 'puq q)ns r(uo {o padsat w ?totlrt ruW papao,td :spuDl qcnslo snuilo ptaqt aq ot pawaap aq nolls stuouq paparctd aW arup qcns ruo"tt puD ruaW 3u1p1ot7 sruDuq palcalottl aW u! $a^ puo ol pailatsuD.tt punts ,gt uolpas to (D uolpasqns m u$op plDl uoltlpuu aqt o1 pafqns yoqs n1dot73 slqt lo uolvaotd tuo npun oatD q)ns w saploq-puo1 naqr wo,{ asoqcmd ot paq!rua a.ro {aqt qrlLy^ sluDuq palcap.rd tq ppq spuDl 11olo dltqstaul^o pqt 'utanqt pagficads aq toru sD app qcns wo{puo oan tuoto padsa.t m afipap 'anazDg ouo&uolal aW u! uorlocrlfr1ou tq 'tow ruawu.talog aqt ,t.totluoc aW q ruot7 to pDJtuo? 'aatzap 'yaru8pnf 'aZosn 'wolsn) {uo to ac.tol ut Sutaq awg aqt ,rol no1 tuo to nfiotlJ sryt u! &utt1trfuo &urpuotst4t!^toN (l) ot JJJ uouDuoldx'rJ ur o1 pa.t.talar ato sD suostad atout to org qcns ot snuantar apnpm uostad D ot sacua"tulu tt puD gt ,ct suoucas ul puo uolt)as s1ry to (il puo (d suorycas-qns q -:uorlouoldxg 'sasn prntlnut8o-uou ol fippq -puq aW tq paltaup tlruauouttad uaaq sDq puDl qcns (p) ro 'puol qcns uo .tappqpuDl aW tq qlnq uaaq soq a.mtrnils ryauoru.tad o (c) .ro'[1uouay aqt tq np1ot1-puq aqt ot parapua,trns sDM puq aW .ta{o to ,1cy s1ry lo ruaunuawwo) aqt a"tolaq na( auo $oal ru rc/Jzt nppqpuol ary ,tq tllouos"rad paruNiln) 3u1aq s! puDl qcns (q) ZS / aqt anua^ar pLtDllo stDa,uo sD palaiocar aq rcuuoc .taploqpuDl a4; ol anp antd aql /b ttod,(uo n apqw aWfi ptp nqtm{papt^otd :nploqpuDl atlt ot ptod puo anualat puol to sfira)rL, so luaauntog ary Kq paalocil aq ilDqs fi ,ruaup$ur ,fuo lo t)ao'sa.t u1 qnolap stnuuo) tuouq palcalotd aW !! pW pap^old :uotlnctlddo qcns q Qddo slpuzfitil s!rufitu ilDqs gt Ltott)as lo (g) ot (t) Ltott)as-qns lo suotst,totd aqt ryc uoclna.raqt ptn a:tttd qJns autwralap q paacotd ntow-ons tow Tounq!"t.L aW ,.taplot1p,uDl ary tq pouad qcns uryilM pa1{ os tou s! uortoctlcldo unJi pun ,(1) uott)as-qns ,tapun luDuq patcatotd olo drystau,xo aW q patta.fruntt uaaq sDLl w!tl/y\ puDl aw m tsaDrul slq lo au.td apoltotDa.t ary lo uottDutruDpp aLp nl punEtl ary atotaq uorloctykht un ap{ llDtls '(l) uort)as-qns npun uoryocgfrtou alp u! pagl!cads Dzn aqt ut paruryls spunllo Dppq-puDl,Qaaa '(d uoucas-qns .tapun aptrfil.tac aqt {o ansst lo n!rcu lo app aqj wo{ stop tQauru u!qt!/y (t) ['tauuout paqlnsatd aW u! toa,taqt podncco aql ot rrortrtta lo ac11ou Surdr? nlto 'a1ocg[tltn aqt lo nploq ro ruDuil paltalotd aLil ot put2l plDS aql lo uotssassod aqt arotsar ot lDrutsqDJ aqt n{ Tnlnq aq ilDqs I 'uolpas-qns qW rapun pansfl arucg[1rrat a;1t lo raploq n ruDuil palcalotd ary uow nqrc uoilad o lo uorlodntco aqt u! sl '(l) uotl)asqns rapun ruDuq paparcrd aW q patta{nru"tt aaaq sDq qctql^ lo drystaul^o aLfi 'puq aW anqil ruqt papnotrlJ :ulanry lsatalu,tuo Sunoq suostad raqrc ilo puo rappqpuol aW Tsurn&o sn alocrliltac ary to app aql wotl tcffi WlM puol ary lo tauwo aqt awo))q Butaoq ru\uat pa|ca10td ary lo nuapl^a a^lsq)uo) aq lpqs |il))l/ltra) WnS nploqpuDl aW ot pansy aq tlsnoauotlnuns ilnUr^ ansst qcns lo nltou pul tuDuil palcalo,rd qcns ttaaa ot 'paErJsatd aq toru so ,(4nbua qns Surp1oq .ra{D panqtrJ-ao7 iq pansn aq nnqs .tau*o aq ot rulq Surttclcap. wtol paEtcsatd aW u! a1oct1futac y (7) uorl0ct{1tou qcns/o arup aqt uo pltDl zqt pta4 pDq tuDuat palcalotd aW! sD Tcadsat ttana ur optaqt f1ddo llDlls uottcas s1ry lo suotsrlotd aW puo tuDuil pqcatotd aqt q pa.totsar aq nDqs puD 'aq tnru asot aW so 'uostad qrns n )aryoqpuzl aqtlo ttotssassocl aqt uto{ uat1ry aq ilDLls 'oaro pqt q alq rapun rc q7notqt &uttl.tto1c uos"tad tuo "to DppqpuDl ary lo uotssassod ut puDl q)ns DW tcartp Ttuo ',ilmbua {towwns ,t plotl tuauq pa1calo.td aqt lo uot1o:n1ddo aql uo to nrca ons raqtla 'zt uou)as prDS aql ul pau:Dluo) 8urykfuo SutpuolsqlrA4iou iloqs rDpfsqDJ aW '{13utp.rocct, puo :uotlocgf1tou aqt lo arup aW uo puol aqt Sutploq uaaq a^DLl ot p)uaap TS 'tttnwa.t pu saop alls sD Suol os rc{ moptw stq 5ruopuacsap tlcns tuo lo acuasqD aLfi 4 G) luotldopo to poolq tq s1uopuazsap paml a7owr78a1 sru @) -:uolpas sy.tt to sasod.rnd aqt .tol tuDuat palcarctd o lo snaq aW aq ot.pawaap aq ilDqs tluo suostad &urmo11ol aqJ -:uottounldxg 'paqxn8uryxa aq ilDLls sry81t slt4 llD'snat4 tuo &ura.oa1 ruoryll^ salp ruDuq palca|o.td olt G) ['papaaccns a^Dq tary quqm ot tcuouat aW u! pasrtdwoc puol aLfi satDqs ilaqt q Sutptocco asfiru! ary^lp -qns 'pV sryt u! pauoruo) Surt4ttuo Sutpuo$WluJou'tow sfiaq q)ns puoJ{g tlwap slqlo awry aW p puDl aqt Sutploq sow tuDuq panarc,rd q)ns Lptqw uo suotlrpuu puo sw.tu aLuDS aqt uo tcuouat ary noq ol pqqrua aq lpqs srlal! "to 4aq qq 'satp tuouq palcaptd o lt Q) anDUnq aq ilDqs ruDuil palcalotd olo sry81t lly (D ['olataql uoltoruasatdat s1q Suqowlo &ruutoddo LtD pDtl sotl uostad qJns ssapn uoq)as-qns sllfi hpun passod aq ilDqs uos,tad r(uo 8ur1ca{o tlastanpo np.to ou pW papaotd :1E[t1u1qt toru aq sD op,taqt uotwlil w npro qcns ssod puo 'uoqcas slry npun drqstaumo lo nlsuott aqt Surttnll, lo asodtnd aqt nl '61 uotpas lo (t) uolpas-qns lo (o) asnDp .tapun ruouq palca1otd aqt r(q aporu ryfi,t arylo rapuailns ary lo ssauaumua8 alp ulurnsD ot $aa D Lltt/^ {.nnbua uD ppq 'arut tuo ru ntoru-onsl(nwlopailo) aW'61 uottlas .to uolpas slw u! paunruor 8uryt,fuo Sulpuolst4lll^toN G) ['s 1 u o u a 1 p a i n 7 o t-ctaq IaT-paIs a ^ pu o o1 pat,olsuoq uaaq a^oq q pawaap aq ot s! tpruil puol aql lo rua$a aW puo alop paglitou aLfi uo so tuDuq aqt lo 3u1p1ot7 ary lo ftia$a aql urutnzso ot [,nnbur &un1ow toJ'atnpaco,rd ary sD Lpns '{,rDssacau ruaap toru tary sD suotvao.td loyuanbasuoc puD loruaptout '1o1uarua1ddns qlns apru 'saft tq 'uotlcas slql to suotsttto,rd aqt ot nalla Sula8 lo asodnd aqt .rol ',(ow luawun^oD aLtJ (t) -pouad aqt .tol fitat atry wo.{a.taqt Sugcnpap "ra{b 'tuo 11 'utltl (q prud anuata"r puDl aW puD runuuo nd ruactad aarqt ru ganrut qilm .tatpaSot Lulq q papun{at aq ilDqs antd aqt sptD$ot tuouil pa1calotd aqt {q plod tpoatlo 'tuot1 'tunoLuo aW puD aulcalla aq pu yot4s nlsuntt ,s / sI lcv eqJ 'slueuel ol dlqsteurrto Jo JeJSuBrl olellllcBJ .secuelsruncJrc peugep ur 'pue 's1ueue1 Eurlerrrllnc lcelo-rd 'uorlcrne ,(.le,r1rq.ru luerre;d 'sJueuel pue sJeplorlpuul ueel leq drqsuorleyor eql e1e1n8a.r r)l pelceuo uorlelsr8el urroJeJ ueue;8e 1e;eue8 e sr tcv ,(cueuel aqJ .Z0l ['pautacuo) oatD p)ol aW ntButplotl {1ttut!'o.[o DatD aql sawu otg uDql ssal aq rcu ilDqs 'astK.taqrc n ,(lrtuos,rttl 1! auullm ol Dqpq* 'ruDuil patcalotd ary tq puol ary./it a:rDt!)ill{l atp n{n raruoqpuol aW qt!^ Suturouta"t puol aqt Jb fltatxa aqJ. (r) 'ilolaq so anutruo) lpqs 'puol asDal aqt u! tuDuil Tnos aqt lo $sanru! puo slqBu aqt 'ruDuil papalo"rrl aqt Lmql raqto uosrad {uo tq asoqcnd to asoc aW q nqt nLll.nt/ paptto.tr[ :luDtt0l palcalo"td ary u! tsa^ nDqs 'Dafi lD)ol ary m antd Tatltour ButTmtatd aW p 'puDl ptDS aLfi asDqctnd ot acuatalatd rtg[ ary 'Ltolt)as slw )apun asoqctnd ot pap!rua s! ruouu papatotd aW q)ryl^ pttDl aW uDry atout st Sutupwat puq aW rury papaotd :pau.tnuo) D?n) p)ol aqt nl Sutplot1 t11uol o to Dan aql ot pnba nploqpuDl D st) ulq tq naLt aq llllrt tDllt puo\lo DilD lDtot ary illDut llttt )appqpuol D sD rutq [q ppq puDl raLfio W!/^ SuolD sD DatD Lpns^ o] pattLutl aq ilDqs ruDury pa1ca10td D sD wltl [q ptatl puq aw Jb asoqctntl aW 'nppqpuol D sD puDl tuo sploq ruDuat palcalottl ary fi @) 'pauJa)uo) D)il) pcol aqt nJ'3utp1ot4 ,Q1wol o lo oan aLfi to ruatxa atlt ot pafirutl aq iloqs luDual palcaptd D so ulq tq ptar.l puol aqt {o ar'Dq)mcl aqt .tanoqpuDl D sD puvl tuo ploq rcu saop ruDuil palcalotd aW rt A, 'suoltlpuu 8unno11ot ary ot ttafqns aq ilDqs -ruDuil pa1calo.td D sDutlt{ tq'plaqpuol aW nppqpuDl s1q wo4{ 2flrycnd ol uou)as slry npun ruDuil palca1otd D lo tttSlt aq.1 N/f@t@ -:t1awou 'tuDuq patcato.rcl n so tautol ary ,Q naq puDl aLfi ul gararut s..tappq-puq aqt asoqctrul ot ?aq!rua aq 'f g6t '1tV (TuarupuawV) spuo'I p.rnllnut8v puD truoual pnquaptg aryJb tuaruazuawlun aqt,ta{o auu tun p ilDqs ruou)t parcalo"td n '() uotltasqnslo suotslttotd aLlt ot Ttatqns puD 't)o.ttltoc .to aSosn ',nn1 tuo ur ,(totluoc aW q &uryrfuo Sutpurctsqtlarloll ll Jffit@ [tuac nd ,t1xts wtol llotls tuDual patcatotd D sD atq tq ptaq puq aW m ruDuq patcalotd o Io tsatarut aAJ 0)J SS 56 designed to operate in respect of subsisting agricultural tenancies. The scheme of the Tenancy Act proceeds on the foundational prernise that tenancy subsists over agricultural land. provisions such as Sections l9 and 32 restrict termination of tenancy and protect tenants from dispossession except in accordance with the procedure prescribed under the Act. In Kotaiah and another V. The property Association of the Baptist Chirches (Pvt.) Limitedle it was held that the landlord cannot dispossess a protected tenant on his own, even after lawful termination of tenancy. He must invoke Section 32 by approaching the Tahsildar, who is required to conduct an enquiry and pass appropriate orders.

103. The Tenancy Act introduces the concept of 'protected tenancy'. granting statutory security of tenure to tenants fulfilling prescribed conditions. Sections 32 and 34 of the Act provide mechanisrns for restoration of possession to protected tenants who are unlawfuily dispossessed, while Section 38-E embodies a legislative mandate by which ownership is statutorily transferred to protected tenants upon fulfilment of conditions stipulated therein. ''AIR 1989 sc 1753 1849 57

104. y'. distinctive feature of Section 38-E of the Tenancy Act is that the conf'erment of ownership is deemed and automatic, not necessarily dependr:nt upon physical possession on a particular notified date, but upon satisftrction of statutory requirements under the Act. The object is to trrtnsform long-standing cultivating tenants into owners, thereby eliminating the landlord-tenant hierarchy

105. In Sada v. The Tahsildar, Utnoor, Adilabad District and another2o "25. In our vievr', the contention for the landholders that unless the ,orotected tenant is in physical possession on the date of notification issued under.S. 38-E l), he cannot get the ownership rights, is not tenable. A plain reading of S. 38-E(l) shows that the Government may, by notdiccttion in the gazette, declare in respect of any arm that from whic:h such date as he specified therein. ownership of all lands held by prolected tenants which they am enlitled to purchase from their landholder in such area shall, subject to S. 38(7), stand transferred to and vest in the protected tenctnts holding them. It is important to note that the stotute does not say 'held on the date specified. in such notification'. Werevet' the Legisloture vvanted lhqt land should have been held on any speci/ied date, it had clearly specified in that Act. For example, S. 5 of the Act dealing with persons deemed to be tenants as of o person v,ho is 'cultivating' the land; agaim while dealing with 'protected tenants' the statute specifies, in 5.34, the dates from 1342 Fasli to January, 1948 during which the tenant must have been in possession. In 5.37 it deal v,ith a person who at the commencement of this' Act. holds as tenant, and again under S. 37-A, of a person who, 'at the commencement of the Amending Act of 1955, holds qs tenant. If the Legislature wanted that protected tenants must be holding the land pb,sically on the date specified in the notification issued under,S. -r8- E(l), it would have made it a specific condition. 26. Apart from the fact that the plain language in S. 38-E(l) does not intpose sttch a condition, the position is also clear from the scheme of 'o r98 7 (2) ALT 749 (F.8.) 58 the Act. The Act defines persons who are tenants or am to be deemed as lenants, and who are protected tenants or are deemed as protected tenonts. Ale right to become vested with owners is cold on'protected tenants' mentioned in S&. 34, 37 and 37-A. After 1950, when the Act came into force, the duthorities consumed under the Act are to identify this clam of 'protected tenants'. Under 5.35, the Tahsildar is to decide who belong lo the class of protected tenants. Rules were issued under 5.97 f4 (tt read with Ss. 35 and 37 on 28-8-1950 for preparation of Preliminary Record o.f Tenancies hearing objections and for declaration of the Preliminary Record as the Provisional Record. A Register of Mutation is also to be maintatned. Rule 20 of the Rules provides for a presumption of correctness of the entries in the Register of Tenancies and Register of Mutations. Rule 24 contemplates a Final Record of Tenancies. Rule 25 deals-with- certffiiates to be tsiued to protected tenants' by the Tahsildar to every person who is recorded as a protected tenant in the final record. Rule 20 regarding presumption of correctness applies also to the final record. Rules were also issued under Ss. -?5,-?2.j8(3), (6)'39(l) (2) in t95l providingfor adjudication of disputes as to who is a 'protected tenant'. These rules provide for inquiry by the Tahsildar and R. 3 contemplates a declaration in Form I I l. Applications under R. 35 are inquired into under Rule 5 while those under R.37(l) are inquired into under Rule 8. A declaration made by the Tahsildar under S. ,15.'or of the Collector or Board of Revenue on appeal, is to be 'conclusive evidence' that such person is a protected tenant and his rights as such shall be recorded in the Record of Rights or the village record prescribed The Tenancy Records Correction Rules. 1956 issued under S. 97 readwith Ss. 35 and 37 deal with the power of the Deputy Collector to make corrections in the final record of tcnancies. Rules for preparing the list of protected tenants under S. 37-A were also issued. In 1957, Thus. there is a complete machinery for the preparation of the final list of 'protected tenants' who come under Ss. 14. 37 and 37-A. 29. It is clear from.S5. -?8-E that it is for these 'Protected tenants' who arc /inally declared to be 'protected tenants' and included in the Register prepared for that purpose and for whom protected tenancy certificales have been issued, that ownership rights are envisaged in S. 38-E(t), subject of course, to the limitation with regard to extent of holdings as speci,fied in S. 38(7) and to the proviso to S. 38-E(l). Once persons who held land on the dates or for the periods mentioned in Ss. 34,37 and 37-A and the requirement of physical possession on the dates required in those sections is satisfied, such persons have become 'protected tenants'. Once a person.becomes a protected tenant, he earns a qualification to become an owner by force of statute, subiect of ,oirs, to the qualification regarding extent in S. j8(7) and to the proviso to S.l8-E(t). There is no requirement in the Act that he should -also be in possession on the date speci/ied in the notification issued in \ 59 S. 3it-E(1). The words'all lands held by protected tenunts,is more a desc."iption or the lands u,ith regard to which the right as .protected tena;'tt hus been declared and there ore no words requiring physical possession on the date specified in the noti,/ication."

106. Section 40 of the Tenancy Act provides for heritability of tenancy ::ights, thereby ensuring continuity of cultivation and preventing extinction of tenancy merely by reason of death. In the case_ o_f Mir chippa Kata Raghuramulu and others shgyq4iah_aB-d others2r Lhe Court has held that the rights of a protected tenant are inheritable under Section 40.

107. Th,: Tenancy Act, thus, operates predorninantly in the realm of regulatinl; tenancy relationships and securing tenants, rights during the subsistence of such relationships. It addresses situations of dispossession, illegal eviction, and continued tenancy, and provides remedial mechanisms accordingly. Section.!3 and the Interface w ith the Tena cy Act

108. The inter-play between the [nams Act and the Telangana Tenancy ancl Agricultural Lands Act, 1950 is governed by Section 33 of the Irrams Act. The provision saves the application of the Tenancy Act only to the extent expressly provided, thereby negating any " 2002 (6) ALD i5o --..4" 60 inference that the Tenancy Act operates independently or ln supremacy over the Inams Act in respect of inam lands

109. Section 33 rnanifests a clear legislative intention that the Tenancy Act rnay continue to operate in aid of, and subject to, the Inams Act during the transitional phase, but cannot be invoked to -displace the special scheme enacted fot abolition-of-inams and redistribution of rights therein

110. Tenancy Act is a general agrarian reform legislation designed to regulate subsisting tenancies, protect cultivating tenants, and, in defined circumstances, facilitate transfer of ownership. Its operation presupposes the existence of a subsisting tenancy coupled with possession and cultivation 1 I 1. Provisions of the Tenancy Act, while conferring significant protections, do not operate in a vacuum. Even within the Tenancy Act, statutory benefits are predicated upon possession. The Act is thus not possession-agnostic, and abandonment or cessation of cultivation results in loss of statutory protection. 61 Harmonious Construction. Soec I Law, and Non-Obstante Clauses ll2. When the Inams Act and the Tenancy Act are read together, they occupy distinct yet hierarchically structured statutory fields. The Inams Act is a special and later enactment, specifically addressing inam lands, while the Tenancy Act is a general agrarian statute.

113. It is a settled principle of statutory interpretation, embodied in- - the maxim generalia specialibus non derogant, that u,here a special law and a general law operate in the same field, the special law prevails to the extent of inconsistency. This principle has been repeatedly affirmed by the Supreme Courl in decisions such as J.K. Cotton Spinning & Weaving Mills Co. Limited v. State of U.P.,22; rcrcl Bank Limited v. SIDCO Leathers Limircis

114. Even where two enactments are both beneficial or special in nature, th,: later and more focused statute must prevail if it more directly atldresses the subject-matter. This principie was reiterated in Ashoka I\'{arketing Limited v. Punjab National Bank'., solidaire India Linrited v. Fairgrowth Financial Services Limited, lzooo; lo scc 452). 22AIR 196l sic n70 , " 1teeo;4 s(lc 406 " (zool) 3 S{lC 7r. 62

115. The presence of a non-obstante clause in the Tenancy Act does not alter this position. As held by the Supreme Court in S. vanitu v. Deputy commissioner, Bengaluru {Irban District and Others26.

116. A non-obstante clause, however widely worded, cannot ovenide jurisdictional facts or statutory pre-conditions mandated by another special enactment operating in the same field. Synthesis of the Statutorv Schcme ll7. The authorities, therefore, operate harmoniously rather than in conflict: the Tenancy Act may indicate or elucidate the character of a claimant, but the entitlement to occupancy rights in inam lands crystallises only under the Inams Act, upon satisfaction of the decisive statutory test of possession as on 01. I 1 .1973.

118. This statutory and analytical framework directly bears upon the determination of Point Nos. (i) and (ii). The Telangana Abolition of Inams Act, 1955 is unmistakably possession-centric, and Section 33 thereof indicates the extent to which the Telangana Tenancy and Agricultural Lands Act, 1950 may operate in relation to inam lands. '(zoztl 15 scc 730 63 Any attempt to invoke the Tenancy Act so as to override, dilute, or bypass the possession requirement mandated under the lnams Act would be contrary to both the statutory text and the legislative object of the latter.

119. [t is against this statutory and analytical backdrop that the questions relating to the i.op.ninf of a concluded Occupancy Rights Certificate, the scope of the appellate jurisdiction exercised by the Joint Collector, and the correctness of the interference by the learned Single Judg,: fall for consideration in the present writ appeals. Re: Point NIo. (i) Whether the grant of occupancy rights under the Inams Act is possession-centric ond whether possession ss on 01.11.1973 constitutes the decisive statutory test?

120. The e.nswer to Point No. (i) must necessarily be returned in the affirmative. The Telangana Abolition of lnams Act, 1955 is a special, self-contained statute in which actual possession as on the notified date of 01.1 1 .1973 constitutes the decisive and jurisdictional criterion for conferment of occupancy rights. l2l. A conjoint reading of Sections 4 to 8 of the Inams Act leaves no Ir { 64 scope for doubt that the legislature has consciously adopted a possession-centric model. Irrespective of whether the claimant is an inamdar, kabiz-e-kadim, permanent tenant, protected tenant, or non- protected tenant, the statute mandates a singular enquiry: who was in actual possession of the inam land on the qualifuing date. 12L- The statutory ernphasis on possession is neither-incidental nor- ancillary. Possession under the [nams Act is not treated rnerely as an evidentiary circumstance, but as a jurisdictional fact, upon the existence of which alone the statutory authority is empowered to proceed further and determine entitlement under the Act.

123. This scheme reflects a deliberate legislative policy. The Act consciously eschews revival of historical or dormant claims unaccompanied by possession and instead fixes a time-specific statutory touchstone, so as to ensure certainty, stability, and finality in land tenure. Any interpretation that dilutes this requirement would defeat the very object of abolition of inams. L24. Judicial authority has consistently affirmed this construction. In B. Ramender Reddy's case (supra) the Division Bench 65 categorically held that although inams vested in the State in 1955, the right to obtain occupancy rights is not co-related to such vesting, but depends entirely on possession as on 0l .11.1973, the date on which the relevant ltrovisions were brought into force.

125. The same principle was reiterated in G. Venkat Ram Reddy's case (supra), wherein itwas held that earlier Atiyat determinations or historical orrlers cannot govern the grant of occupancy rights under the Inams Act, v'rhich must be independently adjudicated with reference to possession on the notified date.

126. The I{onourable Supreme Court's exposition in Laxman Ambaji's case (supra) also reinforces this position. The Court explained that the statutory scheme preserves possession during the interregnum and that occupancy rights crystallise only upon satisfaction of the conditions prescribed by the special enactment 127 . The c,rnsistent judicial thread running through these decisions is that possession as on the notified date is the decisive statutory test, and once that fa.ct is found, the entitlement under the Act follows as a matter of [arv. Conversely, in the absence of such possession, no right ,, 66 can crystallise, irrespective of historical status or antecedent claims.

128. Point No. (i) is accordingly answered by holding that the Inams Act is unequivocally possession-centric and that actual possession of the inam land as on 01.11.1973 constitutes the decisive statutory test for conferment of occupancy rights. Re: Point No. (ii) whether the Tenancy Act cqn override or dilute the possession requirement under the Inams Act? r29. Point No. (ii) conceffrs the inter-play between the [nams Act and the Telangana Tenancy and Agricultural Lands Act, 1950, particularly in the context of Section 33 of the Inams Act.

130. section 33 expressly saves the applicability of the Tenancy Act only to the extent provided therein, thereby making it clear that the Tenancy Act does not operate independently in respect of inam lands. Its application is conditional, ancillary, and subject to the special scheme of the Inams Act.

131. The Inams Act, being a later and more focused enactrnent dealing specifically with inam lands, occupies the dominant statutory 67 field in m.atters relating to abolition, vesting, and conferment of occupancy rights. The Tenancy Act, though beneficial in nature, is a general agrarian reform statute and cannot be construed to override the special regime established by the Inarns Act

132. Pro,risions of the Tenancy Act may, at best, assist in identifying the character or lineage of a claimant; they do not dispense with, nor can they r;upplant, the decisive requirement of possession mandated under Sections 4 to 8 of the lnams Act.

133. Evt:n within the Tenancy Act, statutory protection is predicated upon subsisting tenancy coupled with possession and cultivation. The Ten;mc1' Act is not possession-agnostic, and abandonment or loss of p,osscssion results in loss of statutory protection. It would therefore be incongruous to read the Tenancy Act as confening rights in derogation of the possession-centric mandate of the [nams Act.

134. The argurnent that the non-obstante clause in the Tenancy Act overrider; the Inams Act cannot be accepted. As held by the Honourable suprerne court in s. vanitars ase (Supra), a non- obstante clause cannot override jurisdictional facts or statutory pre_ / 68 conditions mandated by another special enactment operating in the same field

135. The settled principle that a special law prevails over a general law, even where the latter contains a non-obstante clause, has been consistently affirmed in J.K. Cotton Spinning's case (supra)' Ashoka Marketing2s -case: (supra); and ,Solidaire India's case (supra). Tested on these principles, the Inams Act must prevail in matters concerning inam lands.

136. Accordingly, the Tenancy Act cannot be invoked so as to override, dilute, or bypass the possession requirement under the Inams Act. Point No. (ii) is answered against the appellants Rle: Thota Reddv - Scope an Distinction

137. Considerable reliance was placed by the appellants on the decision of the Hon'ble Supreme Court in Thota Sridhar Reddy's case (supra). Upon a careful examination of the scope, statutory context, and ratio of the said judgment, we find that it was rendered in a materially different factual and legal setting and does not govern the determination of occupancy rights under the Telangana Abolition of 69 Inams Act, 195.5.

138. Thota Sridhar Reddy's case (supra) arose in a factual and statutory context rvhere rights under the Tenancy Act had already crystallised, and the Court was not called upon to examine the scheme of the Inanrs Act, the effect of Section 33, or the finality attached to possession-.based determinations under Sections 4 to g of the lnams Act

139. significantly, the Supreme court in Thota Sridhar Reddy's case (supra) did not consider a case where occupancy rights had been conclusively deterrnined under the Inams Act upon a finding of possession as on 0l.l I .1973. The ratio of the decision is therefore confined t-o its o\ /n statutory setting and cannot be extended to unsettle deterrninations validly made under the lnams Act.

140. To consrrue Thota sridhar Reddy's case (supra) as permittinEl the reopening of concluded occupancy determinations under thr: Inams Act by invoking the Tenancy Act would be doctrinally unsound, contrary to the express scheme of Section 33, and destructive ol'the finality that the Inams Act seeks to secure. 70 l4L. The reliance placed on Thota Sridhar Reddy's case (supra) is thus misplaced and is expressly distinguished. Re: Point No. (iii) Whether the 1979 ORC could be reopened decades later in the obsence of proof of possession on the qualifying date?

142. The Occupancy Rights eertificate granted in the yrear [979 was preceded by a statutory enquiry conducted under Section 10 of the lnams Act, culminating in a categorical finding that the legal heirs of the inamdars were in possession of the subject land as on 01.11.1973 Such a finding constitutes a determination of a jurisdictional fact and forms the very foundation of the grant of occupancy rights under Sections 4 to 8 of the Act.

143. [n the absence of any contemporaneous revenue material or other legally admissible evidence establishing possession of the appellants or their predecessor-in-interest on the qualifying date, the statutory grant made in 1979 could not have been reopened after the lapse of several decades. Historical tenancy entries or protected tenancy registers of earlier periods, at best, indicate antecedent status; they do not establish continuity of possession up to the notified date, 77 which alone confers entitlement under the Inams Act.

144. The attempt to reopen the concluded Occupancy Rights Certificate by invoking provisions of the Tenancy Act, or by placing reliance or1 Thota Sridhar Reddy's case (supra), is legally impermissible. As already noted, Thota Sridhar Reddyrs case (supra) cloes not deal with reopening of - possessionrbased determinatrons under the Inams Act, nor does it sanction the resunection of dormant or historical tenancy claims without being in possession on the qualifoing date. To apply the said decision in the present context would amount to extending its ratio beyond its statutory setting and factual foundation.

145. Perrnitting such reopening would defeat the object of the Inams Act, which is to secure certainty, finality, and stability in land tenure by identilying the person in possession on a fixed statutory date. once a lawlul determination of possession is made under the Act and has e.ttair-red finality, it cannot be unsettled except on grounds of jurisdictional error, perversity, or violation of principles of natural justice, none of which are established in the present case. 72

146. Point No. (iii) is therefore answered by holding that the Occupancy Rights Certificate granted in the year 1979 could not have been reopened in the absence of proof of possession of the appellants or their predecessor as on the qualifuing date of 01.11.1973. Re: Point No. (iv) -l{-hether the*Joint Collector was jastified in-svtting aside the 1979 ORC and ordering a remand? 147 . The appellate jurisdiction exercised by the Joint Collector under Section 24 of the Telangana Abolition of Inams Act, 1955, though supervisory in character, is not unconfined. It is circumscribed by the statutory scheme of the Act and must be exercised within the boundaries imposed by the possession-centric framework governing conferment of occupancy rights.

148. [n the present case, the remand ordered by the Joint Collector proceeds on the erroneous premise that the existence of historical tenancy entries, particularly in the Protected Tenancy Register of the year 1950, was sufficient to reopen a concluded statutory determination made in the year 1979. Such an approach overlooks the decisive statutory requirement under the Inams Act, namely, proof of 73 possession as on the qualiffing date of 0l .11.1973. L49. Once the competent authority, upon a due enquiry under Section 10, had recorded a clear finding that the legal heirs of the inamdars w()re in possession of the subject land on the notified date, the appellatr: authority could not have interfered with such finding -- absent demcnstrable perversity, jurisdictional error, non.consideration of rraterial t:vidence, or violation of principles of natural justice. The remand orde'r does not identifo any such infirmity.

150. By treatil-rg historical tenancy entries as determinative rather than contexl.ual, the Joint Collector efl'ectively sought to substitute the possession-r:entric statutory enquiry mandated under the Inams Act with a status-based reappraisal rooted in antecedent records. Such an exercise tra'vels beyond the permissible lirnits of appellate jurisdiction and undermines the finality expressly contemplated by the Act.

151. Point No. (iv) is accordingly answered by holding that rhe Joint Collector vvas not justified in setting aside the Occupancy Rights Certificate granted in the year 1979 or in ordering a remand on the basis of historical tenancy entries. -gnsupported by proof of 74 possession as on 01. I I .1973. Re: t No. (v) llthether the learned Single Judge wos justified in interfering with lhe remand order and restoring the 1979 ORC?

152. The learned Single Judge has noted that the appellate authority h4d eac_egded its_jurisdiction unde_r Se_qtiqn_24 oJthe Act and had also failed to record reasons flor remanding the matter to the RDO.

153. The absence of any contemporaneous evidence demonstrating possession of the appellants or their predecessor on the qualifuing date was also correctly taken note of. In such circumstances, the remand order amounted to unsettling a statutory grant on legally untenable grounds.

154. The interference by the learned Single Judge thus squarely fell within the permissible contours of judicial review, namely correction of jurisdictional error and prevention of statutory authorities from acting in derogation of the legislative mandate. Point No. (v) is answered in the affirmative. 75 VIII. CUMULATIVE ASSESSMENT

155. On er cumulative consideration of the issues arising in the present batr:h of writ appeals, it is evident that the appellants seek to revive a historical tenancy claim without satisfying the decisive statutory requirement of possession mandated under the Telangana Abolition of Inams Act, 1955.

156. The findings recorded by the competent authority in the year 1979 were rendered upon a lawful statutory enquiry and have attained finality. In tl-re absence of any compelling legal ground, such concluded findings could not have been unsettled

157. The reliance placed on earlier tenancy entries does not bridge the crucial gap between historical claims and proof of possession as on the quati$ing date of 0l.l I .1973, which alone govems entitlement under the Inams Act.

158. The remand ordered by the Joint Collector, by overlooking the possession-centric statutory scheme of the lnams Act, introduced uncertaintlr into a framework designed to ensure finality and stability of land tenure in respect of inarn lands. 76 Ix. CONCLUSTON

159. The legal position that emerges is clear. The Telangana Abolition of lnams Act, 1955 is a self-contained and special statute governing the conferment of occupancy rights in inam lands, wherein actual possession as on 01. I I .t973 constitutes the decisive and j urisdictional criterion.

160. The Telangana Tenancy and Agricultural Lands Act, 1950 operates in relation to inam lands only to the limited extent contemplated by Section 33 of the Terangana Abolition of Inams Act, 1955 and cannot be pressed into service to override, dilute, or unsettle determinations lawfully made thereunder. X. RESULT

161. For the reasons aforesaid, we find no merit in the present batch of writ appeals. The order dated 29.01.2024 passed by the learned Single Judge in w.P. No.12030 of 2014 and, the orders passed in connected writ petitions are in accordance with law and call for no interference. Accordingly, w.A.No.1l77 of 2024 and connected batch of writ appeals are dismissed. '11 As a sequel, miscellaneous applications pending if any in this appeal, shall stand closed. //TRUE COPY// One fair copy to the HON,BLE SRt JUSTTCE ABH! AN (For His Lordship,s Kind pe Sd/.MOHD ISMAIL PUry REGISTRAR ECTION OFFICER MAR SHAVILI ) One fair copy to the ll To AND o.!t'BLE SRt JUSTICE VAKrI RAMAKRTSHNA REDDY (For His Lordship's Kind perusal)

1. 11L.fl. Copies. , 3. The Secretary, Telanoana Advocates Association Library, High Court #:,:l:i,.JfB"#f", Union of tndia, Ministry of Law, Justice and company Buildirgs, Hyderabad. i'ililEi:it's,fi4?BV'.iA',i,tSEEA!#,fffi: jBiBBL", 6. One OC to SRt G.RAGHU ilffi trgffi [][x,^..-ffif#,ffi1td:,;r"."",** 11. one oC ro SRt E.MADAN MoAnir iiA5, ijr/ocate loeuc; l?.9n" !19 ro M/s SUJITH tnrswAi,'Aj"o'i;t"io"pl?,i- 13. Two CD Copies SA BS 9uc,, HIGH COURT DATED:0711012025 t"iAiE ::).) 02 [$fi ?ffi (i, -). + !: -. i,;ii: COMMON JUDGMENT WA.Nos.'l 177, 1169, 1236 0F 2024,171, 1052.1033, 1065 0F 2025 DISMISSING ALL WRIT APPEALS WITHOUT COSTS. GDo", zsl,>\:.4,