THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1715 OF 2006 ORDER: This petitioners-claimants filed this revision under Section 28 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 {“the Act” for brevity}, inter alia, seeking to assail the order dated 07.02.2006 in Proceedings No.F1/6286/2003 made by the Joint Collector-II, Ranga Reddy District at Hyderabad, where under the order granting Occupancy Rights Certificate in favour of the petitioners was set aside on the ground that the land in question is not an agricultural and cultivable land but contains several structures and houses. Briefly stated, the facts of the case are that both the petitioners as well as the respondents were granted Occupancy Rights Certificates to the extent of Survey Nos.403 and 404 admeasuring Ac.0.14 gts and Ac.1.01 gts respectively of Alwal Village, Malkajgiri Mandal, as per the Inam Tribunal’s proceedings No.L/1703/2002 & G/2732/2000 dated 19.10.2002. The Mandal Revenue Officer, Malkajgiri, has granted Mutation in Procg.No.B/10604/2002 dated 29.11.2002 in their favour. As against the same, the respondents preferred an appeal in regard to the grant of the Occupancy Rights Certificates in favour of the petitioners. The said appeal was allowed on 07.02.2006. Hence, this revision. Simultaneously, as against the grant of Occupancy Rights Certificates, the petitioners appear to have filed a Writ Petition in W.P.No.16653 of 2006, which was dismissed as per the orders of the learned Single Judge of this Court, dated 18.08.2006. Against the said order, the petitioners preferred an appeal to the Division Bench in W.A.No.787 of 2007 and this Court dismissed the said appeal also, as per the order dated 28.09.2007. Hence, both the Writ Petition and the Writ Appeal are only against the proceedings granting Occupancy Rights Certificates in favour of the petitioners and they are no way concerned with the other Certificates to which the petitioners either claim or entitled. Apparently, it is seen that the appellate authority sought to place reliance on the report of the Mandal Revenue Officer, Malkajgiri. In the order, it is stated that the land in question is not an agricultural or cultivable land but there exists some houses and structures and therefore, it could not have been treated as agricultural or cultivable land and it falls beyond the provisions of the Act. It has not been denied by the respondents that as to when and how the said report of the Mandal Revenue Officer, Malkajgiri, was obtained. Admittedly, the copy of the said report was not furnished by either of the parties. This report does not find place in the order of the primary authority for granting Occupancy Rights Certificates to the petitioners, whereas the said order does not show the date of the report or the exact contents thereof. The Civil Revision Petition is allowed and the order of the appellate authority dated 07.02.2006 is set aside. The matter is remanded back to the appellate authority for disposal afresh after giving notice and opportunity to both the sides. The appellate authority shall furnish a copy of the order to the Mandal Revenue Officer, Malkajgiri. It is also open to both the sides to adduce additional evidence, if they choose to do so. However, it is to be seen that merely because as on the date of the inspection by the Mandal Revenue Officer, there exist any structures, that itself is not a ground to grant Occupancy Rights Certificate that the land is agricultural and cultivable by the parties. The appellate authority shall dispose of the appeal within a period of three {3} months from the date of receipt of a copy of this order. No costs. _________________ (B.PRAKASH RAO, J) 8th July 2010 RRB