IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.11794 and 11797 of 2008 WRIT PETITION No.11794 of 2008 Between: 1 Chiluguri Kondaiah S/o. Narsimha R/o. H.No.10-115, Marripalligudem Village, Ghatkesar Mandal, Ranga Reddy District. 2 Chiluguri Sathyanarayana S/o. Narsimha R/o. H.No.10-115, Marripalligudem Village, Ghatkesar Mandal, Ranga Reddy District. 3 Mekala Ilaiah S/o. Jangaiah R/o. H.No.9-161, Marripalligudem Village, Ghatkesar Mandal, Ranga Reddy District. 4 Bharla Mallaiah S/o. Jangaiah R/o. H.No.9-112, Marripalligudem Village, Ghatkesar Mandal, Ranga Reddy District. 5 Kamma Yadi Reddy S/o. Ramaiah R/o. Ghatkesar Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 The Joint Collector, Ranga Reddy District at Hyderabad, Lakdikapool. 2 The Revenue Divisional Officer, Ranga Reddy District East Division. 3 Syed Ahmed Saifuddin S/o. Late S.A. Yousufuddin, R/o.3-4-55/D/66/1, Indira Nagar, Ramanthapur, Hyderabad. 4 Kannaganti Narsimha R/o.3-4-102/D, Laxminagar, Ramanthapur, Hyderabad. 5 Narne Ashok Kumar S/o. N.C. Naidu R/o. Plot No.5, Mithika Nagar, Road No.12, Banjara Hills, Hyderabad. 6 S. Purnachandra Rao S/o. Late S. Venkateshwarlu R/o.H.No.10-5-15/B-3, 3rd Floor, Flegance Apartments, Masab Tank, Hyderabad. 7 Edide Sathish S/o. E. Nageswara Rao R/o.C-26/BN, Road No.8, Film Nagar, Jubliee Hills, Hyderabad. 8 B. Dharma Teja S/o. B. Dhananjaya Rao R/o. 402, Padma Sai Towers, Motinagar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly a writ in the nature of "Certiorari" to quash the orders in Case No.F1/69/1999 dated 21-2-2000 on the file of the Joint Collector, Ranga Reddy District and for that orders of the Revenue Divisional Officer, Ranga Reddy District, East Division in Proceedings No.I/3053/89 dated 07.05.2000 passed the same and quash the same as illegal, arbitrary, colourable exercise of power and pass WRIT PETITION No.11797 of 2008 Between: 1 Chiluguri Barravenkala Balaiah S/o Late Narsimha R/o H. No. 10-121, Marripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 2 Chiluguri barravenkala Bala Narsimha S/o Yadaiah R/o H. No. 10-122, Marripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 3 Chiluguri Barravenkala Eshwar S/o Pochaiah R/o H. No. 10-124, Marripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 4 Chiluguri Barravenkala Sree Ramulu S/o Ramulu R/o H. No. 10-132, Marripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 5 Chiluguri Barravenkala Narsimha S/o Ramaiah R/oMarripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 6 Chiluguri Barravenkala Pochaiah S/o Ramaiah R/oMarripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. 7 Chiluguri Barravenkala Ramaiah S/o Ramaiah R/oMarripalligudem H/o Edulabad Village, Ghatkesar (M), Ranga Reddy District. ..... PETITIONERS AND 1 The Joint Collector, Ranga Reddy District, Lakdikapul, Hyderabad. 2 The Revenue Divisional Officer, East Division, Ranga Reddy District. 3 Syed Ahmed Saifuddin S/o Late A.S. Yousufuddin R/o 3-6-55/D/66/1, Indiranagar, Ramanthapur Hyderabad. 4 Kannuganti Narsimha S/o R/o 3-4-102/P, Laxminagar, Ramanthapur, Hyderabad. 5 Narne Ashok Kumar S/o N.C. Naidu R/o Plot No.5, Mithila Nagar, Hyderabad. 6 S. Purnachandra Rao S/o Late S. Venkateshwarlu, r/o H. No. 10-5-15, B-3, 3rd Floor, Flegance Apartmetns, Masab Tank, Hyderabad. 7 Edida Sathish S/o E. Nageshwar Rao R/o C-26/BN, Road NO.8 Film Nagar, Jubilee Hills, Hyderabad. 8 B. Dharma Teja S/o B. Dharmanjaya Rao, r/o 402, Padma Sai Towers, Motinagar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly a Writ in the nature of Certiorari" to quash the orders in Case No. F1/71/1999 dated 21-2-2000 in the file of Joint Collector, Ranga Reddy District, and for that orders the Revenue Divisional Officer, East Division, Ranga Reddy District Proc. No. J/3052/89 dated 7-5-2000 passed the same, and quash the same as illegal, arbitrary, colorable exercise of powers and be pleased to pass such other order or orders as the Honourable Court may deem fit and proper. Counsel for the Petitioners:SRI T.MALAHAR RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.11794 and 11797 of 2008 COMMON ORDER: As these two writ petitions are filed challenging the impugned order of the Joint Collector, Ranga Reddy District; first respondent herein, dated 21.02.2000, and as the petitioners in both the writ petitions are related and claiming their rights in respect of the land comprised in two survey numbers, it is expedient to dispose of the writ petitions by a common order. Petitioners in W.P.No.11794 of 2008 (first writ petition) are allegedly legal heirs of M/s.G.Narsimha, Jangaiah and Ramaiah. Their predecessors were allegedly granted Occupancy Rights Certificate (ORC) under Section 8 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (the Act, for brevity). Aggrieved by the same, third respondent preferred an appeal before the first respondent under Section 24 of the Act. During the pendency of the said appeal, the predecessors of the petitioners and third respondent filed a joint memo of compromise. As per the joint memo, it was agreed that the third respondent would be handed over possession of land admeasuring Acs.13.12 in survey No.13 situated at Marripalliguda, and Yadi Reddy, Jangaiah and two others would continue to hold the land in survey No.58 admeasuring Acs.3.24. The Joint Collector, therefore, disposed of the appeal on 21.02.2000 directing the second respondent to give effect to the joint memo and issue revised ORC. In furtherance thereof, by proceedings dated 07.05.2000 second respondent ordered ORC to third respondent for Acs.13.12 in survey No.13 and separate ORC to M/s.K.Yadaiah, M.Jangaiah, B.Jangaiah, B.Veeraiah, B.Narsimha and G.Narsimha for Acs.3.24 in survey No.58 situated at Marripalliguda. Almost eight years after the Joint Collector passed orders on 21.02.2000, the petitioners filed the writ petition challenging the same. The petitioners in W.P.No.11797 of 2008 (second writ petition) are allegedly legal heirs of M/s.B.Yadaiah, Narsimha, Pochaiah and Ramulu (all sons of Ramaiah) of Marripalliguda. By an order dated 14.03.1986 second respondent issued ORC under Section 8 of the Act to them in respect of land comprised in survey No.8 (Acs.5.21), survey No.12 (Acs.9.06), survey No.16 (Acs.6.06), survey No.17 (Acs.5.20) and survey No.43 (Acs.4.09) of the Village. Aggrieved by the same, third respondent preferred an appeal under Section 24 of the Act before the Joint Collector. A joint memo of compromise was filed wherein the parties agreed to handover land admeasuring Acs.9.06 in survey No.12 to third respondent and it was also agreed that the predecessors of the petitioners, who are the tenants, shall continue to hold the land comprised in survey Nos.8, 16, 17 and 43. In terms of the said joint memo, Joint Collector ordered on 21.02.2000 directing second respondent to effect the terms of joint memo and issue revised ORC. Thereafter, the Revenue Divisional Officer issued consequential proceedings on 07.05.2000 cancelling ORC issued earlier in favour of the predecessors of the petitioners and issued revised ORC in favour of third respondent for land in survey No.12 and ORC was issued for the remaining land in other survey numbers to predecessors of petitioners. Petitioners assail the order of the Joint Collector after lapse of eight years. At the stage of admission itself, fourth respondent who purchased the land from the third respondent filed counter affidavits in both the writ petitions. The case pleaded by him is as follows. Petitioners are grandsons of Barrvenkala Ramaiah. Sons of Ramaiah suffered an order before the Joint Collector, and the petitioners are now challenging the said order after lapse of eight years, and therefore, writ petition is barred by delay and laches. Fourth respondent purchased the land admeasuring Acs.14.01 in survey Nos.12 and 13 of Marripalliguda, Hamlet of Edulabad, Ghatkesar Mandal, Ranga Reddy District, under registered sale deed dated 13.12.2004 (registered document No.12318 of 2004) executed by sisters of third respondent. The writ petition is not bona fide, as the petitioners filed these writ petitions speculating some payment of amount. Petitioners have filed reply affidavits denying the counter averments and reiterating the pleadings. Learned Counsel for the petitioners in both the cases submits that the predecessors of the petitioners in first writ petition were granted ORC in file No.H/583/1986, whereas third respondent filed appeal against the order dated 27.11.1998 passed in file No.J/3053/1989. Therefore, there was no cancellation of ORC given on 14.03.1986, and due to ignorance, the petitioners could not approach this Court earlier. A similar submission is made with regard to other writ petition. According to the learned Counsel, when the ORC was granted in file No.H/584/1986 on 14.03.1986 appeal was filed by third respondent against the order dated 27.11.1998 in file No.J/3052/1989. Per contra, learned Assistant Government Pleader for respondent Nos.1 and 2 and learned Counsel for third respondent submit that even if the appeal was filed before the first respondent concerning the order with a different file number, pursuant to the orders of the first respondent second respondent already issued proceedings revising ORCs in favour of the inamdar and the tenants, and at this point of time, matters cannot be agitated. It is well settled that a vigilant person should seek redressal under Article 226 of the Constitution of India within a reasonable time. If the High Court is approached under Article 226 of the Constitution of India with inordinate delay of eights years there should be proper explanation for such delay in seeking redressal in public law remedy. In the affidavits the petitioners state that they are rustic village illiterate persons and due to ignorance they were not able to detect the fraud played by contesting respondents. This explanation cannot be accepted. It is not only the order of the Joint Collector but the consequential proceedings of the Revenue Divisional Officer were also issued in 2000. Revised ORCs were also issued in favour of the petitioners, which have been annexed to the writ petitions. When they were aware that the revised ORCs were issued in May 2000 only in respect of part of the land, and revised ORC was issued (in second writ petition) in favour of third respondent for survey No.12, nothing prevented the petitioners to approach this Court. Except making a wild allegation that fraud is played, no effort is made to demonstrate the same. Insofar as the number of the ORC issued initially to the petitioners’ predecessors and number of the proceedings impugned before the Joint Collector being different, is concerned, the ORC issued under Section 8 of the Act should not be confused with the proceedings which precedes issue of ORC. It is quite possible that when there are rival claimants, Revenue Divisional Officer acting as Inams Tribunal issues notice, takes evidence and passes a reasonable order with a different file, after passing such order only ORC is issued, and number appearing on ORC cannot be treated as a file number itself. On this ground alone fraud and misrepresentation cannot be readily inferred. These two writ petitions are misconceived and are accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 11.12.2008 vs To 1 The Joint Collector, Ranga Reddy District at Hyderabad, Lakdikapool. 2 The Revenue Divisional Officer, Ranga Reddy District East Division. 3 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{TRT}