Thota Gopaiah, Nalgonda District. v. The Jt.Collector, Nalgonda And 2 Others

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11000 OF 2005 ORDER:

1.

This writ petition is filed seeking to issue a Writ of Mandamus declaring the proceedings of the 1st respondent dated 12.8.2003 as arbitrary and contrary to the provisions of A.P. (Telangana) Abolition of Inams Act 1955, and consequently, to direct respondents Nos.1 and 2 to issue occupancy rights certificate in favour of the petitioner in respect of land in Sy.No.8 admeasuring Ac.2.16 guntas situated at Mahadevpur village, Bibinagar Mandal, Nalgonda District.

2.

Heard Sri V. Raghunath, learned Counsel for the petitioner and the learned Government Pleader for Revenue.

3.

It has been submitted by the learned Counsel for the petitioner that the petitioner has inherited Ac.2.16 guntas of land situated in Mahadevpuram village, Bibinagar Mandal, Nalgonda District through his father-in-law, and admittedly lands belong to Inams and consequent upon the enforcement of A.P. (Telangana Area) Abolition of Inams Act, occupancy rights certificate was issued in favour of the petitioner and while the petitioner was enjoying the said land, respondent No.3 approached the Joint Collector claiming to be the son of the petitioner's brother and he has claimed a portion of the said land on the ground that the property belongs to the grandfather of the 3rd respondent, who is the father of the petitioner and upon such claim being made by the 3rd respondent, the Joint Collector passed orders on 12.8.2003 wherein Ac.2.16 guntas of land has been apportioned between the petitioner and the 3rd respondent, and each of

them got an extent of Ac.1.08 guntas. Aggrieved by the same, the petitioner filed this writ petition.

4.

When this matter was listed on the last occasion, the learned Counsel for the petitioner sought time to get latest instructions and certain documents to establish that the land belongs to the father-in-law of the petitioner. But in spite of his best efforts, the learned Counsel for the petitioner could not secure any documents to demonstrate that the land belongs to the father-in-law of the petitioner. 5.

In the absence of any valid document, it is difficult for this Court to go into the title, and this Court cannot reverse the order passed by the 1st respondent by invoking Article 226 of the Constitution of India. There are no merits in this writ petition.

6.

Accordingly, the Writ Petition is dismissed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated: 2nd February, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11000 OF 2005 2/02/2018 Nn.