LAWS(APH)-2010-8-111

GOVIND RAO Vs. JOINT COLECTOR ADILABAD

Decided On August 02, 2010
GOVIND RAO Appellant
V/S
JOINT COLLECTOR Respondents

JUDGEMENT

(1.) This Writ Petition is filed for a Certiorari to quash the order dated 06.10.2001 of respondent No. 1.

(2.) One Amruthrao Pardikar was the original owner of the property admeasuring Ac. 15.20 gts. of Bhainsa Village and Mandal, Adilabad District. Rajeshwar Rao Pardikar was his son. He had two sons by name Shankar Rao and Balwant Rao. Shankar Rao had a son by name Rajeshwer Rao, who is respondent No. 3. Balwant Rao had two sons who are petitioner and respondent No. 10. Respondent Nos. 4 to 9 are the legal representatives of respondent No. 3 who has died during the pendency of the litigation.

(3.) The above mentioned land is admittedly an inam land. Respondent No. 3 made an application before respondent No. 2 for grant of Occupancy Right Certificate (ORC) for the said land. By his order dated 05.10.1976, respondent No. 2 granted ORC in favour of respondent No. 3. The petitioner filed an appeal before respondent No. 1. Vide his order dated 16.04.1988, respondent No. 1 allowed the appeal and remanded the matter to respondent No. 2. Questioning the said order, respondent No. 3 filed W.P. No. 9230 of 1988, which was allowed by this Court by order dated 28.02.1988 directing respondent No. 1 to consider the condone delay petition filed by the petitioner first, before deciding the case on merits. By his order dated 20.06.1998, respondent No. 1 condoned the delay, considered the case on merits and again reiterated his earlier order remanding the matter to respondent No. 2. After remand, respondent No. 2 again reiterated his earlier decision by granting ORC in favour of respondent No. 3 through his order dated 29.12.1999. Feeling aggrieved by the said order, the petitioner filed an appeal before respondent No. 1 which was rejected by his order dated 06.10.2001. Questioning the said order, the petitioner filed the present writ petition.