IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 2660 of 1999 Between: ..... PETITIONER AND .....RESPONDENT 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 Counsel for the Petitioner:MR.V.V.NARASIMHA RAO Counsel for the Respondent No.: MR.K.MAHIPATHI RAO The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 2660 of 1999 Order: Against the order of the Sub-Collector, Gadwal, granting occupancy rights to the purchasers of the property from Sri Kurva Chinnaiah, his daughters, respondents 3 to 5 herein, preferred an appeal before the Joint Collector. The Joint Collector held the sale to be void, and granted occupancy rights certificates in their favour. The Sub-Collector had earlier granted occupancy rights to the extent of 1/4th of the entire extent of land in favour of Smt. Nagamma, wife of late Balaiah and Peddaiah, S/o Balaiah. In appeal, the Joint Collector observed that, even though Smt. Nagamma had not submitted any application for her registration as an occupant of the suit lands, she had been conferred with occupancy rights of the suit lands to the extent of 0.18 guntas in Survey No.189, and Ac.2-04 guntas in Survey No.349 of Chelmilla village along with Kurva Peddaiah (petitioner herein), which was bad in law. Sri V.V. Narasimha Rao, learned counsel for the petitioner would point out from the order of the Sub-Collector that Sri Kurva Peddaiah along with Kurva Pedda Beeraiah and others had submitted their objections on 11.01.1993 to the notice issued in Form-II and it is on the basis of the joint objections ﬁled that the Sub-Collector had granted occupancy rights in respect of 0.18 guntas of land in favour of Nagamma and Ac.2-04 guntas of land in favour of Peddaiah. Curiously the Joint Collector has recorded a ﬁnding that an extent of Ac.2-04 guntas was given to Nagamma jointly with Sri Peddaiah, when a perusal of the order of the Sub Collector indicates to the contrary. Further, while Smt. Nagamma may not have submitted any application for grant of occupancy rights certiﬁcate, the fact remains that the petitioner herein had, along with others, submitted a joint objection petition based on which the Sub-Collector had granted him occupancy rights certificate for an extent of Ac.2-04 guntas. Sri V.V. Narasimha Rao, learned counsel for the petitioner, would rely on Seethal Singh v. Mahmood Shariff[1], to contend that it is not the Civil Court, but the Sub-Collector, who has jurisdiction, to pass orders of partition in respect of Inam lands. Sri K. Mahipati Rao, learned counsel appearing on behalf of respondents 3 to 5, would seek to sustain the order of the Joint Collector insofar as the ﬁnding was recorded that Nagamma was not entitled for grant of occupancy rights certiﬁcate, since she had not made any application. Learned counsel would, however, fairly stated that the order of the Joint Collector does not deal with the entitlement of Sri Peddaiah (petitioner herein), though the Sub-Collector had granted him occupancy rights certiﬁcate for an extent of Ac.2- 04 guntas of land. The order of the Joint Collector is ambiguous and it is not clear whether the occupancy rights certiﬁcate granted to Peddaiah for an extent of Ac.2-04 guntas has, indeed, been cancelled. The fact, however, remains that the Joint Collector has recorded a ﬁnding that Nagamma was granted occupancy rights certiﬁcate jointly with K. Peddaiah for an extent of Ac.2- 04 guntas which ﬁnding is contrary to the ﬁnding recorded by the Sub-Collector, who had clearly apportioned an extent of Ac.2-04 guntas exclusively to Peddaiah, the petitioner herein, and not jointly with his mother Smt. Nagamma. The order of the Joint Collector to the extent he has recorded a ﬁnding that Nagamma was given occupancy rights certiﬁcate jointly with K. Peddaiah must, accordingly, be set aside. The matter is remanded back to the Joint Collector, Mahaboobnagar. The Joint Collector, Mahaboobnagar, shall re- examine the entitlement of Sri Peddaiah for grant of occupancy rights certiﬁcate for an extent of Ac.2-04 guntas of land in Survey No.349 of Chelimilla village, Pebbair Mandal, Mahaboobnagar District, afresh and in accordance with law, after putting the petitioner herein and respondents 1 to 3 on notice and after giving them an opportunity of being heard. Since there is an interim stay during the pendency of the writ petition, it is but appropriate that pending an order being passed afresh by the Joint Collector, Mahaboobnagar, as mentioned herein above, the stay granted by this Court earlier shall continue. The Joint Collector, Mahaboobnagar, shall decide the matter as expeditiously as possible, in any event, not later than four months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. __________________________ RAMESH RANGANATHAN, J. Date: 26.08.2008 Nsr [1] 1984 (1) AWR 406