II ADJ
1 LRA Nos. 1 to 8/2010 and 15 & 19/2009
IN THE COURT OF THE CHAIRMAN LAND APPELLATE TRIBUNAL,
RANGA REDDY DISTRICT AT L.B. NAGAR : HYDERABAD
PRESENT : SRI I. RAMESH, B.Sc., B.L.,
CHAIRMAN LAND APPELLATE TRIBUNAL,
RANGA REDDY DISTRICT AT L.B. NAGAR
DATED THIS THE 10th DAY OF APRIL, 2013
L.R.A. No. 1 of 2010
Between:
1. A. Chandram Yadav, S/o. Late Komaraiah Yadav, aged about 53 yrs, Occ: Agriculture
2.A. Mallesh Yadav, S/o. Late Komaraiah Yadav, aged about 48 yrs, Occ: Agriculture both are R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S. Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy, Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
L.R.A. No. 2 of 2010
Between:
V. Bharathi Devi, W/o. V. Appalaraju, Aged about 53 yrs, Occ: Housewife, R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellant
II ADJ
2 LRA Nos. 1 to 8/2010 and 15 & 19/2009
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S. Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy, Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
L.R.A. No. 3 of 2010
Between:
1. T. Srisailam, S/o. Late T. Balaiah, aged about 35 yrs, Occ: Agriculture,
2.T. Chinna Pochaiah, S/o. Late Sayanna, aged about 65 yrs, Occ: Agriculture
3.T. Babaiah, S/o. Late Pochaiah, aged about 55 yrs, Occ: Agriculture
4.T. Jangaiah, S/o. Late Sayanna, aged about 65 yrs, Occ: Agriculture
5.Madduri Yadaiah, S/o. Late Balaiah, aged about 55 yrs, Occ: Agriculture All are R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
II ADJ
3 LRA Nos. 1 to 8/2010 and 15 & 19/2009
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S.
Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy,
Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
L.R.A. No. 4 of 2010
Between:
V. Bharathi Devi, W/o. V. Appalaraju, Aged about 53 yrs, Occ: Housewife, R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellant
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S.
Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy,
Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
II ADJ
4 LRA Nos. 1 to 8/2010 and 15 & 19/2009
L.R.A. No. 5 of 2010
Between:
1.B. Venkataiah, S/o. Late B. Ramaiah, Aged about 52 yrs, Occ: Govt. Employees,
2.B. Sathaiah, S/o. Late B. Ramaiah, Aged about 50 years, Occ: Agriculture
3.B. Anjaiah, S/o. Late B. Ramaiah, Aged about 48 years, Occ: Agriculture
4.B. Padmaiah, S/o. Late B. Ramaiah, Aged about 46 years, Occ: Pvt. Service
5.B. Varalaxmi, W/o. Late B. Venkataiah, Aged about 48 years, Occ: Household
6.Smt. B. Savithri, W/o. Late B. Sathaiah, Aged about 46 years, Occ: Household
All are R/o. Kacharam Village,
Shamshabad Mandal, Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S.
Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy,
Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
II ADJ
5 LRA Nos. 1 to 8/2010 and 15 & 19/2009
L.R.A. No. 6 of 2010
Between:
1.B. Venkataiah, S/o. Late B. Ramaiah, Aged about 52 yrs, Occ: Govt. Employees,
2.B. Sathaiah, S/o. Late B. Ramaiah, Aged about 50 years, Occ: Agriculture
3.B. Anjaiah, S/o. Late B. Ramaiah, Aged about 48 years, Occ: Agriculture
4.B. Padmaiah, S/o. Late B. Ramaiah, Aged about 46 years, Occ: Pvt. Service
5.B. Varalaxmi, W/o. Late B. Venkataiah, Aged about 48 years, Occ: Household
6.Smt. B. Savithri, W/o. Late B. Sathaiah, Aged about 46 years, Occ: Household
All are R/o. Kacharam Village,
Shamshabad Mandal, Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S.
Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy,
Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
II ADJ
6 LRA Nos. 1 to 8/2010 and 15 & 19/2009
L.R.A. No. 7 of 2010
Between:
1. A. Chandram Yadav, S/o. Late Komaraiah Yadav, aged about 53 yrs, Occ: Agriculture
2.A. Mallesh Yadav, S/o. Late Komaraiah Yadav, aged about 48 yrs, Occ: Agriculture both are R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S. Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy, Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
L.R.A. No. 8 of 2010
Between:
1. T. Srisailam, S/o. Late T. Balaiah, aged about 35 yrs, Occ: Agriculture,
2.T. Chinna Pochaiah, S/o. Late Sayanna, aged about 65 yrs, Occ: Agriculture
3.T. Babaiah, S/o. Late Pochaiah, aged about 55 yrs, Occ: Agriculture
4.T. Jangaiah, S/o. Late Sayanna, aged about 65 yrs, Occ: Agriculture
II ADJ
7 LRA Nos. 1 to 8/2010 and 15 & 19/2009
5.Madduri Yadaiah, S/o. Late Balaiah, aged about 55 yrs, Occ: Agriculture
All are R/o. Kacharam Village, Shamshabad Mandal,
Ranga Reddy District ...Appellants
And
1. The State of A.P. Rep. By Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. The Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District
3. Smt. Rani Radha Lakshmi Bai (died per LRs)
4.Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71, Jubilee Hills, Hyderabad.
5.Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: Major, Occ: Agriculture, R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri S.
Madhusudhan Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy,
Counsel for Respondents, Respondent No. 3 died and Respondent Nos. 4 and 5 remained exparte.
L.R.A. No. 15 of 2009
Between:
1. Kammadanam Jangaiah, S/o. Lachanna died per LRs
2.K. Ravinder, S/o. Late K. Jangaiah, Aged 45 years, Occ: Agriculture
3.K. Narahari, S/o. Late K. Jangaiah, Aged 40 years, Occ: Agriculture
2.K. Laxman, S/o. Late K. Jangaiah, Aged 32 years, Occ: Agriculture
All are R/o. Chowderguda Village,
Shamshabad Mandal, Ranga Reddy District ...Appellants
And
II ADJ
8 LRA Nos. 1 to 8/2010 and 15 & 19/2009
1. The State of A.P. Rep. by its Authorized Officer, Land Reforms Tribunal, Ranga Reddy District
2. Smt. Rani Radha Lakshmi Bai (declarant)died per LRs)
3.R. Vijaya Kumar Rao, S/o. Late Jagpal Rao, Aged: 58 years, Occ: Business
4.R. Vinod Kumar Rao, S/o. Late Jagpal Rao, Aged: 56 years, Occ: Business, Both are R/o. Plot No. 117, Road No. 71,
Jubilee Hills, Hyderabad. ...Respondents
This Appeal coming on before me for hearing in the presence of Sri G. Satya Veera Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy, Counsel for Respondent, Respondent No. 2 died and Respondent Nos. 3 and 4 remained exparte.
L.R.A. No. 19 of 2009
Between:
1.P.Pochaiah S/o Yellaiah age 70 years, Occ:Farmer
2.Poyyulapalli Kistamma W/o Late Laxmaiah age 65 years, Occ:Farmer
3.Yerra Narsimha S/o Laxmaiah age 40 years, Occ:Farmer
4.Tella Chandraiah S/o Ramaiah age 60 years, Occ:Farmer
5.Yerramoli Sattaiah S/o Laxmaiah age 38 years, Occ:Farmer
6.Yerramoli Kishna S/o Laxmaiah age 30 years, Occ:Farmer
7.Karre Sataiah S/o Chandraiah age 25 years, Occ:Farmer
8.Tellola Mallaiah S/o Ramaiah age 70 years Occ:Farmer
9.Karre Narsimma S/o Ramaiah age 60 years Occ:Farmer
10.Poyyulapalli Hanumaiah S/o Yellaiah age 50 years, Occ:Farmer
11.Yerra Narasimma S/o Lakshmaiah age 45 years, Occ:Farmer
II ADJ
9 LRA Nos. 1 to 8/2010 and 15 & 19/2009
12.Pilli Ramachender S/o Late Kistaiah age 32 years, Occ:Farmer
13.Musalamolla Kistaiah S/o Narasimma age 70 years, Occ:Farmer
14.Pilli Venkataiah S/o Kistaiah age 55 years, Occ:Farmer
15.Kistnolla Sathemma S/o Late Narsimma age 50 years, Occ:Farmer
16.Karre Chandraiah S/o Mallaiah age 30 years, Occ:Farmer
17.Pilli Gopal S/o Kistaiah age 35 years, Occ:Farmer
18.Pilli Yadaiah S/o Kistaiah age 48 years, Occ:Farmer
19.Pilli Anjaiah S/o Kistaiah age 35 years, Occ:Farmer
20.Pilli Narasimma S/o Kistaiah age 38 years, Occ:Farmer
21.Kistnolla Kistaiah S/o Sattaiah age 45 years, Occ:Farmer
22.Pilli Yadaiah S/o Late Chilkaiah age 55 years, Occ:Farmer
23.Ashamolla Mallaiah W/o Ashamolla Jangaiah aged 30 years, Occ:Farmer
24.Yerra Narsimma S/o Sayanna aged 40 years, Occ:Farmer
25.Peddapally Sathaiah S/o Lakshmaiah aged 26 years, Occ:Farmer
26.Yerra Ramaiah S/o Yerra Lakshmaiah aged 45 years, Occ:Farmer
27.Buddamalla Shyamala W/o Late Buddamalla Bikshapathi Aged 35 years, Occ:Housewife
All are R/o Jukal Village, Shamshabad Mandal Ranga Reddy District Rep.by their GPA Holders
II ADJ
10 LRA Nos. 1 to 8/2010 and 15 & 19/2009
1.M.Raghu Son of Late M.Narasimlu Aged 38 years Occ:Business R/o Shobha Nivas Plot No.118 Bairamalguda, Karmanghat, Hyderabad.
2.G.Mahender S/o Sri Yellusha, aged 48 years, Occ:Business R/o H.No.113357/10, Srinivas Nagar Shabazguda, Warasiguda, Hyderabad.…Appellants
AND
1.State of A.P., represented by its Authorized Officer Land Reforms, Ranga Reddy District at Hyderabad.
2.Smt.Radha Laxmibai (declarant ) died per Lrs
3.R.Vijayakumar Rao S/o Jagapal Rao aged 58 years, Occ:Business
4.R.Vinodkumar Rao S/o Jagapal Rao aged 56 years, Occ:Business Both R/o Plot No.117, Road No.71, Jubilee Hills
Hyderabad....Respondents.
This Appeal coming on before me for hearing in the presence of Sri G. Satya
Veera Reddy, Counsel for the Appellants, Smt. M. Deepika Reddy, Counsel for
Respondent, Respondent No. 2 died and Respondent Nos. 3 and 4 remained exparte.
All these Appeals are made against the Order, dt. 19/02/2008 on the file of Land Reforms Tribunal and Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Divsion, Ranga Reddy District, in
CC.No. Ch. 2531/75
Between: State of A.P., represented by its Authorized Officer Land Reforms, Ranga Reddy District at Hyderabad.…Petitioners
AND
1.Smt.Radha Laxmibai (declarant ) died per Lrs
2.R.Vijayakumar Rao S/o Jagapal Rao aged 58 years, Occ:Business
3.R.Vinodkumar Rao S/o Jagapal Rao aged 56 years, Occ:Business Both R/o Plot No.117, Road No.71, Jubilee Hills, Hyderabad.… Declarants
Upon perusal of the material papers on record and having stood over for consideration till this day this Court made the following:
II ADJ
11 LRA Nos. 1 to 8/2010 and 15 & 19/2009
COMMON JUDGMENT
All these Appeals are arisen out of Order, dt. 19022008 with regard to declaration of Smt. Rani Radha Lakshmi Bai in C.C. No. Ch/2531/75. All these
Appellants are third parties to the said declaration. They make the claim as purchasers in these Appeals and in one Appeal only as persons in possession from the time of their ancestors.
2.The matrix of respective Appeals in short are as follows:
LRA No. 1 of 2010:
3.The two Appellants who are third parties to the declaration filed this Appeal.
It is with regard to land in Sy. No. 83 of Kacharam Village to an extent of 8.08 guntas. These third parties contend that it is an inaam land. The inaamdars are
Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. An Occupancy Rights
Certificates are also issued to them by Revenue Divisional Officer, Chevella Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders, dt.
09/05/1980 for the extent of Ac. 2814 guntas covered by above said three survey numbers.
4.These Appellants purchased the land in Sy. No. 83 to an extent of Ac. 8.08 guntas i.e., each of them purchased Ac. 4.04 guntas and their vendors purchased the same from the original occupancy rights certificate holders i.e., the first
Appellant purchased Ac. 4.04 gunts of land from the legal heirs of Mohd. Jahangir under registered sale deed, dt. 13/09/1995. In the same manner the second
Appellant purchased the land to an extent of Ac. 4.04 guntas under registered sale deed, dt. 13/09/1995. It is these Appellants are in possession and enjoyment of the property and their names are also mutated in the revenue records.
II ADJ
12 LRA Nos. 1 to 8/2010 and 15 & 19/2009
LRA No. 2 of 2010:
5.The sole Appellant who is a third party to the declaration filed this Appeal. It is with regard to land in Sy. No. 86 and 87 of Kacharam Village to an extent of Ac.
4.36 guntas. This third party contend that it is an inaam land. The inaamdars are
Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The Occupancy
Rights Certificates are also issued to them by Revenue Divisional Officer, Chevella
Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders,
dt. 09/05/1980 for the extent of Ac. 2814 guntas covered by above said three
survey numbers.
6.This Appellant purchased the land in Sy. No. 86 and 87 to an extent of Ac.
4.36 guntas i.e., from the original occupancy rights certificate holders Sri B.
Chandraiah under registered sale deed, dt. 31/07/1990. Since then this Appellant is in possession and enjoyment of the property and her name is also mutated in the revenue records.
LRA No. 3 of 2010:
7.The five Appellants who are third parties to the declaration filed this Appeal.
It is with regard to land in Sy. No. 143/AA of Kacharam Village to an extent of Ac.
2.03 guntas. These third parties contend that it is an inaam land. The inaamdars are Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The Occupancy
Rights Certificates are also issued to them by Revenue Divisional Officer, Chevella
Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders,
dt. 09/05/1980 for the extent of Ac. 2814 guntas.
II ADJ
13 LRA Nos. 1 to 8/2010 and 15 & 19/2009
8.These Appellants purchased the land in Sy. No. 143/AA to an extent of Ac.
2.03 guntas under five registered sale deed bearing document Nos. 296/1992, 297/1992, 298/1992, 299/1992, and 301/1992, dt. 12/02/1992 from Sri Balla
Krishna who in turn purchased the same from original occupancy rights certificate holders Sri B. Ramaiah. It is these Appellants are in possession and enjoyment of the property and theirs names are also mutated in the revenue records.
LRA No. 4 of 2010:
10.The sole Appellant who is a third party to the declaration filed this Appeal. It is with regard to land in Sy. No. 86 and 87 of Kacharam Village to an extent of Ac.
4.36 guntas. This third party contend that it is an inaam land. The inaamdars are
Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The Occupancy
Rights Certificates are also issued to them by Revenue Divisional Officer, Chevella
Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders,
dt. 09/05/1980 for the extent of Ac. 2814 guntas covered by above said three
survey numbers.
11.This Appellant purchased the land in Sy. No. 86 and 87 to an extent of Ac.
4.36 guntas i.e., from the original occupancy rights certificate holders Sri B.
Chandraiah under registered sale deed, dt. 31/07/1990. Since then this Appellant is in possession and enjoyment of the property and her name is also mutated in the revenue records.
LRA No. 5 of 2010:
12.The six Appellants who are third parties to the declaration filed this Appeal.
II ADJ
14 LRA Nos. 1 to 8/2010 and 15 & 19/2009
It is with regard to land in Sy. Nos. 83, 86 and 87 of Kacharam Village to an extent of 13.39 guntas. These third parties contend that it is an inaam land. The inaamdars are Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri
Vadla Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The
Occupancy Rights Certificates are also issued to them by Revenue Divisional Officer,
Chevella Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders, dt. 09/05/1980 for the extent of Ac. 2814 guntas covered by above said three survey numbers. The Appellant Nos. 1 to 4 are the sons of Mr. B.
Ramaiah one of the occupants and to whom Occupancy Rights Certificate are also issued.
13.On the demise of Sri Ramaiah the Appellant Nos. 1 to 4 succeeded the estate of his father. The second Appellant purchased the land to an extent oif Ac. 1.34 guntas in Sy. No. 87/UU of Kacharam Village from the legal heirs of Mohd.
Jahangir and others who are original occupancy rights certificate holders under registered sale deed document No. 5113/2005. So, the second Appellant became the owner to that extent.
14.The wife of the first Appellant i.e., the fifth Appellant purchased an extent of
Ac. 2.3 guntas out of Sy. No. 86/UU from the legal heirs of Mohd. Jahangir and others the original occupancy rights certificate holder under registered sale deed document No. 5115/2005. The wife of the second Appellant i.e., sixth Appellant purchased Ac. 1.00 guntas in Sy. No. 86/U from the same persons under registered sale deed document No. 5114/2005.
II ADJ
15 LRA Nos. 1 to 8/2010 and 15 & 19/2009
15.Thus, all the Appellants became owners of total extent of Ac. 13.13 guntas of
Kacharam Village. The names of all these Appellants are also reflected in the revenue records.
LRA No. 6 of 2010:
16.The six Appellants who are third parties to the declaration filed this Appeal.
It is with regard to land in Sy. Nos. 83, 86 and 87 of Kacharam Village to an extent of 13.39 guntas. These third parties contend that it is an inaam land. The inaamdars are Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri
Vadla Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The
Occupancy Rights Certificates are also issued to them by Revenue Divisional Officer,
Chevella Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders, dt. 09/05/1980 for the extent of Ac. 2814 guntas covered by above said three survey numbers.
17.The Appellant Nos. 1 to 4 are the sons of Mr. B. Ramaiah one of the occupants and to whom Occupancy Rights Certificate are also issued. On the demise of Sri Ramaiah the Appellant Nos. 1 to 4 succeeded the estate of his father.
The second Appellant purchased the land to an extent oif Ac. 1.34 guntas in Sy. No.
87/UU of Kacharam Village from the legal heirs of Mohd. Jahangir and others who are original occupancy rights certificate holders under registered sale deed document No. 5113/2005. So, the second Appellant became the owner to that extent. The wife of the first Appellant i.e., the fifth Appellant purchased an extent of Ac. 2.3 guntas out of Sy. No. 86/UU from the legal heirs of Mohd. Jahangir and others the original occupancy rights certificate holder under registered sale deed document No. 5115/2005. The wife of the second Appellant i.e., sixth Appellant purchased Ac. 1.00 guntas in Sy. No. 86/U from the same persons under registered sale deed document No. 5114/2005.
II ADJ
16 LRA Nos. 1 to 8/2010 and 15 & 19/2009
18.Thus, all the Appellants became owners of total extent of Ac. 13.13 guntas of
Kacharam Village. The names of all these Appellants are also reflected in the revenue records.
LRA No. 7 of 2010:
19.The two Appellants who are third parties to the declaration filed this Appeal.
It is with regard to land in Sy. No. 83 of Kacharam Village to an extent of 8.08 guntas. These third parties contend that it is an inaam land. The inaamdars are
Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The Occupancy
Rights Certificates are also issued to them by Revenue Divisional Officer, Chevella
Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders,
dt. 09/05/1980 for the extent of Ac. 2814 guntas covered by above said three
survey numbers.
20.These Appellants purchased the land in Sy. No. 83 to an extent of Ac. 8.08 guntas i.e., each of them purchased Ac. 4.04 guntas and their vendors purchased the same from the original occupancy rights certificate holders i.e., the first
Appellant purchased Ac. 4.04 gunts of land from the legal heirs of Mohd. Jahangir under registered sale deed, dt. 13/09/1995.
21.In the same manner the second Appellant purchased the land to an extent of
Ac. 4.04 guntas under registered sale deed, dt. 13/09/1995. It is these Appellants are in possession and enjoyment of the property and their names are also mutated in the revenue records.
II ADJ
17 LRA Nos. 1 to 8/2010 and 15 & 19/2009
LRA No. 8 of 2010:
22.The five Appellants who are third parties to the declaration filed this Appeal.
It is with regard to land in Sy. No. 143/AA of Kacharam Village to an extent of Ac.
2.03 guntas. These third parties contend that it is an inaam land. The inaamdars are Respondent Nos. 3 to 5 and the occupants are Sri B. Ramaiah, Sri Vadla
Chandraiah, Sri Mohd. Jahangir Sri Mohd. Yousuf and Sri Mohd. Mahaboob of the lands covered by Sy. Nos. 83, 86 and 87 of Kacharam Village. The Occupancy
Rights Certificates are also issued to them by Revenue Divisional Officer, Chevella
Division in Proceedings No. A1/162/75, dt. 05/03/1980 and consequential orders,
dt. 09/05/1980 for the extent of Ac. 2814 guntas.
23.These Appellants purchased the land in Sy. No. 143/AA to an extent of Ac.
2.03 guntas under five registered sale deed bearing document Nos. 296/1992, 297/1992, 298/1992, 299/1992, and 301/1992, dt. 12/02/1992 from Sri Balla
Krishna who in turn purchased the saemk from original occupancy rights certificate holders Sri B. Ramaiah. It is these Appellants are in possession and enjoyment of the property and theirs names are also mutated in the revenue records.
LRA No. 15/2009
24.Originally it is sole Appellant filed the appeal. On his demise his legal heirs came on record as Appellant Nos. 2 to 4. These Appellants are third parties to the land ceiling declaration. It is contended that the first Appellant is in possession and enjoyment of total extent of Ac. 5.01 guntas of land covered by Sy. No. 79, 80 and 90 i.e., Ac. 1.33 guntas, Ac. 1.17 guntas and Ac. 1.31 guntas of Chowderguda
Village. The first Appellant is in possession of the said land from the year 1952 as
Kauldar under Respondent No. 2 along with his brother Mr. K. Balaiah. When the
II ADJ
18 LRA Nos. 1 to 8/2010 and 15 & 19/2009 second respondent declarant over the property for sale of the land the same is purchased under sale deed, dt. 28/10/1971. The brother of the Appellant Mr. K.
Balaiah had not joined in purchasing the said land and he is no more and he is issue less.
25.Thus, it is the Appellant No. 1 is in possession and enjoyment of the property by the time and necessary proceedings are also conducted in the name of the
Appellant and pattadar passbooks are also issued to the Appellant. Thus, the first appellant is bonafide purchaser of the property long prior to the commencement of the Act and he is in possession and enjoyment of the property and the second respondent declarant suppressing the same filed the declaration showing these lands also in her holding. Hence, this land of Ac. 5.01 guntas covered by Sy. No.
79, 80, 99 i.e., Ac. 1.33 guntas, Ac. 1.17 guntas and Ac. 1.31 guntas are tobe deleted from the impugned order.
LRA No. 19/2009
26.The 27 Appellants, who are third parties to the declaration filed this Appeal.
These Appellants are in possession and enjoyment of the land to an extent of Ac.
97.05 guntas at Jukkala Village, Shamshabad Mandal covered by Sy. Nos. 232 to 241, 272, 282, 283, 285, 287, 288, 291, 292 to 296, 278, 281, 284, 298, 299, 302, 311, 312, 314, 300, 302, 305, 307 to 309, 329, 316, 317, 325, 335, 340, 270, 271, 273 to 277, 279, 280, 313, 315, 318 to 324, 330, 326 to 328, 331, 336, 337 to 339, 341 to 343, 345, 346, 301, 306, 310, 332, 255, 254, 256 and 257.
27.It is the case of the Appellants that all these lands are inaam lands. Smt. Rani
Radha Lakshmi Bai was the inaamdar. The ancestors of these Appellants are the possessors and cultivators of the said land as on the date of vesting of the property
II ADJ
19 LRA Nos. 1 to 8/2010 and 15 & 19/2009 by 01/11/1973. The ancestors of the Appellants are cultivating the land right from 1954 Phanis and their names are referred in the pahanis even during the year 1972 1973 and 19751976. The ancestors of these Appellants approached the Inaam
Tribunal for grant of Occupancy Rights Certificate for the said land and on that the
Inaam Tribunal cum Revenue Divisional Officer initiated proceedings No.
A/263/1973 and notices are issued to persons in possession and also to the inaamdar Smt. Rani Radha Lakshmi Bai. She filed an affidavit before the said
Tribunal for grant of Occupancy Rights Certificate in favour of the ancestors of the
Appellants and she is no way concerned with the lands.
28.She submitted a declaration of the lands in Ammapally, Kacharam and
Chowdarguda as surplus lands and she surrendered the same. The ancestors of the
Appellants could not pursue the matter before the concerned authorities for
Occupancy Rights Certificate they being illiterates.
29.The Appellants approached the Inaam Tribunal cum Revenue Divisional
Officer on 02/01/2008 for grant of Occupancy Rights Certificate in respect of the above referred lands. The Inaam Tribunal passed the impugned order. The
Respondent Nos. 3 and 4 are no way concerned with the land and they are not in possession and enjoyment of the property. So, surrender of Respondent Nos. 3 and 4; if, any made, cannot be legal. No Occupancy Rights Certificate is issued to
Respondent Nos. 3 and 4. Hence, these lands cannot be treated as surplus lands. It is these appellants are in possession and enjoyment of the property.
30.The First Respondent herein i.e.,the Lower Tribunal passed the orders on 160607 declaring Smt.Rani Radha Lakshmi Bai and others as excess land holders and issued notices on 270607 to surrender surplus lands and accordingly the declarant surrendered the surplus lands including the land covered by this Appeal.
II ADJ
20 LRA Nos. 1 to 8/2010 and 15 & 19/2009
31.On that the first respondent Lower Tribunal tentatively accepted his surrender and made publications and Form – IX was issued to Tahasildars of
Shamshabad, Chevella and Moinabad Mandals for taking over possession of the said lands in their respective mandals. No notice was issued to the Appellants who are in possession and enjoyment of the property and no publication is made. The
Appellants have no knowledge of the proceedings. Thus the orders passed are not legal.
32.In the light of contentions, the points that germane for consideration are:
I) Whether the orders of the Lower Tribunal needs any interference?
II) To what relief?
33.Point No. I: Whether the orders of the Lower Tribunal needs any interference?
The basic claim of all these Appellants are that these lands are inam lands and Smt. Rani Radha Lakshmi Bai was the inamdar.
34.I am not interested to refer the entire history of more than a decade of this declaration by Smt. Rani Radha Lakshmi Bai. That declaration is still having litigation. All these orders are right from Lower Tribunal to Hon'ble High Court.
35.It is suffice for us to say that Smt. Rani Radha Lakshmi Bai i.e., Inamdar submitted declaration showing the lands covered by all these Appellants and as well as the lands in other villages. Appropriate orders are passed on that declaration with regard to which there were Appeals and Revisions. These orders so passed are 16062007. As per the said orders the declarant Smt. Rani Radha Lakshmi Bai who is no more and her sons Mr. Vijay Kumar and Mr. Vinod Kumar who are also
II ADJ
21 LRA Nos. 1 to 8/2010 and 15 & 19/2009 figured as respondents in these Appeals are the excess land holders to an extent of
Ac. 13.6377 Standard Holdings as on the date of notification i.e., 01/01/1975 of the Act.
36.With regard to this declaration and orders, dt. 16/06/2007 much litigation went on.
37.Later notice in Form VI under section 7(1) of the Land Reforms Act has been issued to the said Declarants on 27/06/2007 to surrender the surplus lands. The notices are served on the declarants and they surrendered the lands in different villages; they include the lands covered by all these Appeals.
38.The Land Reforms Tribunal cum Revenue Divisional Officer, Chevella i.e.,
Lower Tribunal tentatively accepted the lands surrendered and issued notice in
Form VIII on 07/01/2008 for publication of the same in the concerned villages calling for objections from all the angles. The Tahasildars of the concerned villages i.e., Shamshabad, Moinabad and Chevella got published the notice calling for general objections in the respective villages. But no objections are received. So, the Lower Tribunal accepted the surrender of the lands under section 10 (4) of the
Act to an extent of Ac. 545.95 cents equivalent to 10.4341 SH. (Originally the declarant and her heirs are declared as excess land holders to an extent of 13.6377
SH but after turmoil of litigation, it appears that some lands were deleted and ultimately the surplus land to an extent of Ac. 545.95 cents equivalent to 10.4341
SH is accepted.)
39.Thus, the orders so passed under section 10 (4) of the Act accepting the surrender to an extent of Ac. Ac. 545.95 cents equivalent to 10.4341 SH was passed on 19/02/2008 i.e., the impugned order.
II ADJ
22 LRA Nos. 1 to 8/2010 and 15 & 19/2009
40.Questioning the correctness of the said orders respective third parties came by way of these Appeals.
41.It is suffice for us to adjudicate the Appeals.
42.From the above Appeals as stated by me supra, we are having two kinds of third parties/appellants; firstly it is purchasers of the land, secondly the persons in possession under Occupancy Rights Certificate etc from the time of ancestors.
43.It is to be said that Smt. Rani Radha Lakshmi Bai holds vast extent of lands.
Only some of the purchasers are before us. Some of the purchasers without approaching this Appellate Tribunal filed Writs before the Hon'ble High Court questioning this impugned order, dt. 19/02/2008 passed by Revenue Divisional
Officer, Chevella cum Land Reforms Tribunal by taking possession of the lands.
44.The Writs so filed by some of the purchasers, are in Writ Petition Nos.
11232/2008, 11352/2008 and 20795/2008. The Hon'ble High Court is pleased to allow the Writs and the entire order, dt. 19/02/2008 (against which these Appeals are filed) in that C.C. No. Ch/2531/75 relating to the declaration of Smt. Rani
Radha Lakshmi Bai is set aside. It is observed by their Lordships while allowing these Writs by order, dt. 13/02/2009 set aside the above said orders and the proceedings thereof as follows:
“However, it is made clear that this order will not come in the way of
the respondents authorities to examine all the aspects and pass a
comprehensive order under the Act, after putting all the parties concerned on
notice”
II ADJ
23 LRA Nos. 1 to 8/2010 and 15 & 19/2009
45.Thus, the entire orders relating to this file are set aside. The orders of the
hon'ble High Court are not restricted to the Writ Petitioners therein. The entire
orders are set aside and observed that notice to be given to all the parties concerned relating to the declaration of Smt. Radha Laxmi Bhai of her declaration in C.C. No. CH2351/75. The appellants herein are also concerned parties to that declaration. Because these appellants are also third party purchasers.
46.In these circumstances, this Tribunal is not expected to probe into the merits and demerits of the matter involved in the respective appeals.
47.Hence, this Tribunal has to see the orders passed by the Hon'ble High Court in the above said petitions are rather implemented to these appellants also. Hence, the orders of the lower Tribunal are liable to be set aside and the matters have to be remanded to lower Tribunal for adjudication in the light of orders and observations made by the Hon'ble High Court while disposing of the Writ Petition Nos.
11232/2008, 11352/2008 and 20795/2008, dt. 30/12/2009. Accordingly, this point is answered.
48.Point No. II: To what relief?
By virtue of my discussion and findings on Point No. I, the impugned order questioned in the respective Appeals are set aside and the matters concerned to the respective Appeals are remanded to the Lower Tribunal for adjudication, in the light of orders of the Hon'ble High Court in Writ Petition Nos. 11232/2008, 11352/2008 and 20795/2008, dt. 30/12/2009 by following the directions thereof.
The parties are directed to attend before the Lower Tribunal by 03/06/2013.
Dictated to the Personal Assistant, transcribed by him, corrected and
pronounced by me in the open court on this the 10th day of April, 2013.
THE CHAIRMAN, LAND APPELLATE TRIBUNAL,
RANGA REDDY DISTRICT