THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.4779 OF 2007 DATED 8TH MARCH, 2007 BETWEEN Khaja Ahmeduddin and others … Petitioners AND The Joint Collector-II, Ranga Reddy District and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.4779 OF 2007 ORDER: This writ petition is filed questioning the validity of the common order, dated 24.02.2007 passed by the first respondent in case Nos.F1/1677/2004, F1/5839/2004 and F1/5862/2005, dated 24.02.2007 under Section 24 of the A.P. (Telangana Area) Abolition of Inams Act, 1955 (the Inams Abolition Act, for brevity). It may also be mentioned that the petitioners herein are respondents 2 to 5 in case No.F1/5862/2005. The said Appeal was filed by Smt.P.Sunanda, D/o Ranga Rao and 13 others, who are not parties to this writ petition. The case of the petitioners, in brief, is that the land admeasuring Acs.16.12 guntas in survey No.367 and Acs.11.29 guntas in survey No.368 (referred to hereinafter as petition schedule land) situated in Alwal village is allegedly classified as inam land. Khaja Osman (grandfather of the first petitioner) and his brothers, namely, Khaja Mia, Khaja Sharif, Baba Saheb and Jafar Ali were inducted into possession of the lands by grant of Muntakhab No.12151 in File No.3/11 of 1329 Fasli, in respect of lands in old survey Nos.253 and 285 admeasuring Acs.157.20 guntas. This survey number is correlated to new survey Nos.358, 359, 365 to 372. Khaja Jalal was recognized as inamdar, which was confirmed by Nazim Atiyat recognizing the lands as Pan Maktha Inam Lands. After coming into force of Inams Abolition Act, Sai Reddy and Mohan Reddy filed claim petition for being registered as occupants under Section 7 of the Inams Abolition Act. The petitioners filed objection petition before the Revenue Divisional Officer (RDO), Chevella. After conducting enquiry, by proceedings, dated 24.01.2004, bearing No.L/760/2001, dated 24.01.2004, the RDO granted ORC in favour of the petitioners. The petitioners allege that pattadar pass books and title deeds (PPBs/TDs) were also issued in implementation of the ORC. K.Sai Reddy and others filed Appeals under Section 24 of the Inams Abolition Act before the first respondent. By common order impugned in the writ petition while dismissing the Appeals, the Joint Collector also set aside the ORC issued by RDO vide proceedings, dated 24.01.2004. Learned counsel for the petitioners submits that the order passed by the Joint Collector is against the principles of natural justice. The impugned order is vitiated by total non-application of land ignoring the relevant record and law. According to the learned counsel, when once the land is classified as Pan Maktha Inam Land, even if it is locally known as Kancha, the same does not disentitle the inamdars for getting the ORC. Per contra, learned Assistant Government Pleader for Revenue (T) submits that when once the land is classified as Kancha or grazing land, it absolutely vests in the Government and either inamdar or protected tenant cannot claim the ORC. Inams Abolition Act applies to Telangana area of State of Andhra Pradesh. It is made applicable to all inams as defined in Section 2(1) (c) of the Act. The Act seeks to abolish all inams besides providing for registration of certain categories of holders as occupants of the land. Inamdars, Kabize-e-khadim, Permanent tenants, Protected tenants and non-protected tenants are five categories of persons, who can be registered as occupants as per Section 10 of Inams Abolition Act. So as to claim ORC, these persons have to prove that as on the date of vesting, such person is in occupation of the inam land. Inams Abolition Act came into force with effect from 20.7.1955. Therefore, as per Section 2(1)(b)(i) read with sub-section (1) of Section 3 of the Inams Abolition Act, all inams shall be deemed to have been abolished and shall vest in the State with effect from 20.7.1955. The Act was repealed by A.P. Act 8 of 1967, which was challenged before this Court. In Jagannadha Rao v State of A.P.[1], this Court declared 1967 Act as void. However, in Mohd. S.H.Khan v State of A.P.[2], the Supreme Court held that the original Act of 1955 could not be said to have been repealed. As a result of this, Inams Abolition Act got resurrected. In the mean while, the Government of Andhra Pradesh issued a notification under Section 1(3)(b), notifying 01.11.1973 as the date of vesting for the purpose of Section 2(1)(b)(ii). Therefore, for determination of occupancy rights, the date shall have to be reckoned as 01.11.1973 as held by the Division Bench of this Court in B.Ramender Reddy v The District Collector, Hyderabad District[3]. As noticed supra, on coming into force of the Inams Abolition Act, all the inams stand abolished and the categories of persons noticed hereinabove are entitled to be registered as occupants of the land to get a right over the land subject to payment of the premium as fixed thereunder. However, certain categories of lands are excluded from the purview of the authorities including the RDO who is competent to issue ORC. In this context, it is necessary to read Section 3(2)(b) reads as under. 3. Abolition and vesting of imams and the consequences thereof:- (2) Save as expressly provided by or under the provisions of this Act and with effect from the date of vesting, the following consequences shall ensue, namely- (a) Omitted (b) all rights, title and interest vesting in the inamdar, kabiz-e-khadim, permanent tenant, protected tenant and non-protected tenant in respect of the inam land, other than the interest expressly saved by or under provisions of this Act and including those in all communal lands, cultivated and uncultivated lands (whether assessed or not), waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries shall cease and be vested absolutely in the State free from all encumbrances; (c) to (i) omitted. Therefore, if the land in respect of which ORC is claimed falls in any of the categories mentioned in the above provision, the grant of ORC would not only be illegal but without jurisdiction. However, Section 4(1)(a) of the Inams Abolition Act also disentitle the inamdar to claim ORC in respect of land set apart for the village community, grazing lands, waste lands, mines and minerals, quarries, tanks and tank beds and irrigation works, streams and rivers. In respect of other categories of persons entitled to claim ORC, they can do so only in respect of the land, which is under personal cultivation. After referring to the relevant revenue records like sethwar, vasul baki, Khasra pahani, Sethwar Pahani and Pahanis. The Joint Collector arrived at a finding of fact that the land in survey Nos.367 and 368 has been classified as Kancha lands (grazing lands). Therefore, under Section 3(2)(b) read with Section 4(1)(a) of the Inams Abolition Act, inamdar is not entitled for ORC. In that view of the matter, the ORC granted in favour of the petitioners by proceedings, dated 24.01.2004, was without jurisdiction and vitiated by illegality. The Joint Collector correctly appreciated the facts and applied the law correctly while dismissing the Appeals filed by the third parties and set aside the ORC granted by the RDO. The writ petition is accordingly dismissed. No costs. ______________ (V.V.S.RAO,J) 08.03.2007. pln [1] 1972(1) ALT 270 [2] AIR 1974 SC 1480 [3] 1993 (2) An.W.R. 84 = 1993(2) ALT 45 (NRC)