INAM LANDS IN TELANGANA : RIGHTS OF INAMDARS AND PURCHASERS
This article discusses the abolition of Inam lands in Telangana and examines the procedure laid under Telangana legislation for grant of occupancy right certificates to Inamdars, the occupants of Inam lands and any subsequent purchaser of Inam lands in Telangana.
Inam Defined
The word Inam means ‘gift’. As per the provisions of the Telangana Abolition of Inams Act, 1955[1] (“Act”), ‘Inam’ is defined as land:
- held under a gift or a grant made by the Nizam or other competent grantor;
- continued or confirmed by virtue of a muntakab or other title deed;
- with or without the condition of service;
- coupled with the remission of the whole or part of the land revenue thereon; and
- recorded in the revenue records, accordingly.
The person holding such Inam is known as ‘Inamdar’ and includes the successor-in-interest of an Inamdar.
Abolition of Inam
With effect from July 20, 1955, all ‘Inams’ were abolished and the pre-existing rights, title and interests of the Inamdar or any person having occupation of the Inam land were divested and vested in the Government, until a re-grant (by issuance of an Occupancy Right Certificate (“ORC”)) was made in accordance with the provisions of the Act.
In the State of Telangana, the Telangana Abolition of Inams Rules, 1975 (“Rules”) declared November 1, 1973 as the cut-off date for determining Inamdar / occupants in possession of Inam land, who were entitled to re-grant by issuance of ORC.
Procedure for obtaining ORC
An application in Form-I is required to be made by the Inamdar or the occupants (viz. kabiz-e-kadim[2], permanent tenants[3], protected tenants[4], non-protected tenants), or any person on behalf of the Inamdar or the occupants, or suo-moto by the Collector / Revenue Divisional Officer[5], in respect of the Inam land, for grant of patta / ORC.
Thereafter, a notice in Form-II is issued, and upon conducting enquiry, an order is passed by the Collector determining the (a) extent of entitlement to Inam land, (b) amount of premium to be paid to the Government, and (c) extent of land to be taken over from the applicant in excess of the limits specified in the Act.
Accordingly, upon payment of the prescribed premium amount to the Government, ORC in Form-III is issued by the Revenue Divisional Officer, in favour of the applicant.
After issuance of ORC to the Inamdar or occupants of the Inam land, as the case may be, necessary changes in the revenue records are made, and Pattadar Pass Book and Title Deed are issued to the ORC holder.
Consequence of Abolition and its Effects on Purchaser of Inam Land
Upon promulgation of the Act and pursuant to all Inam land vesting free of encumbrances in the Government, one of the major ambiguities that arose was whether apart from Inamdar / occupant in possession of Inam land as on November 1, 1973, the purchaser of Inam land from the Inamdar was also entitled to issuance of ORC or not. As the Act and the Rules do not provide a clear position, judicial interpretation is sought in this regard. The Courts in the following cases have examined this issue:
- In the case of Chama Narasimha Reddy and Another Versus Joint Collector and Others[6] the Andhra Pradesh High Court[7] held:
“the Inams Act abolished Inams with effect from July 20, 1955 and the Government declared November 1, 1973 as the date of vesting for purpose of Sections 4 to 8. Therefore, though all the inams stood abolished and the land vested in the State is free from encumbrances with effect from July 20, 1955, all the persons who were in possession of the land as on November 1, 1973 are entitled for occupancy rights certificate.”
- The Andhra Pradesh High Court in the case of Bhimavarapu Venkaiah vs. Revenue Divisional Officer[8] relying on the judgement passed in the case of Kodithala Keshavulu vs. Government of Andhra Pradesh and Others[9], and S Veera Reddy and Another vs. Chellapalli Chendraiah and Others[10] observed:
“This Court, both the learned single Judge and the Division Benches, dealing with the similar question whether the purchaser of the inam lands from the Inamdars covered by the Act could maintain an application for occupancy rights, opined that the purchaser of the inam land covered by the Act could also make application for grant of occupancy rights.”
Further the Court in the Bhimavarapu Venkaiah case[11] while explaining the ambit of ‘successors-in-interests’ of Inamdars, opined:
“Rule 5 of the Rules clearly provides for an application being made not only by an Inamdar, but also by his successor-in-interest. The word ‘successor-in-interest’ is of wide amplitude. It need not be confined only to heirs. An interest can devolve either by succession or by private treaty or by operation of law. In all these cases, the person upon whom the interest devolves would be a successor-in-interest.”
- In the case of S M Fazlullah Shah Quadri and Others Versus Nemali Krishna and Others[12] the High Court observed that ‘the property vested with the Government and if the Government is not obstructing the possession and enjoyment of the land by the plaintiff, then it is for the Government to take steps to do so’.
- Again, in Madhuvath Tharya vs. the State of Andhra Pradesh and others[13] the High Court, while dealing with the nature of the claims to be allowed in issuance of ORC, observed:
“‘when the father of the petitioner who was in possession of the Inam land as on November 1, 1973, executed registered sale deeds in favour of the respondents in the year 1988-1989 and gave a statement before the Revenue Divisional Officer (competent authority to issue ORC) that he has no objection for granting ORC in favour of the purchasers, the petitioner shall not have any claim as he was neither an occupant nor vendor of the lands nor declared as only legal heir by any competent civil court in respect of the subject lands.”
Conclusion
In view of the above, the provisions of the Act and the Rules provide that only Inamdar and/or occupant in possession of an Inam land (including kabiz-e-kadim, protected tenants and their successors in interest) are entitled to issuance of ORC, as a matter of right, and subject to the proof that the they were in occupation of the Inam land as on November 1, 1973. However, as held by the Courts on several occasions, not only the Inamdar / occupant in possession of an Inam land as on November 1, 1973, but even the purchaser of Inam Land from the Inamdar, depending upon the circumstances of each case, is entitled to issuance of ORC subject to fulfillment of specific conditions, if any.
The views and opinions expressed in this article belong solely to the author and do not reflect the position of Tatva Legal Hyderabad.
[1] After formation of Telangana State, and subsequent to passing of Telangana Adaptation of Laws Order, 2016, the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 and Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 (previously) are now Telangana Abolition of Inams Act, 1955 and Telangana Abolition of Inams Rules, 1975
[2] Holder of inam land other than an inamdar, who has been in possession of such land at the time of the grant of inam or has been in continuous possession of such land for not less than twelve years before the date of vesting and who pays the inamdar only the land revenue.
[3] A person who, from a date prior to June 10, 1950 has been cultivating the inam land on a permanent lease from the inamdar whether under an instrument or an oral agreement.
[4] Protected tenant as defined in the Hyderabad Tenancy and Agricultural Lands Act, 1950 is one who is in possession of the land for six years during 1342F-1352F or six years preceding to 1-1-1948 or six years from 1353F and possession on 10-6-1950 and that no Inamdar has made an application to declare such person is not a Protected Tenant in possession as on 10-6-1950 and the holding of the inamdar /land holder is three family holdings excluding the land concerned. [
5] GO Ms No. 1122 dated August 20, 1975
[6] 2007 (2) ALD 28
[7] The High Court for the State of Telangana (erstwhile High Court of (united) Andhra Pradesh)
[8] 1999 (4) ALD 219 (AP)
[9] 1978(2) AWR3
13] 2018 (6) ALD 462