IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 198 of 2009 Between: Syed Ali Kazim S/o.Syed Mohammed Hussain Habshiguda (v) R/o. Habshiguda, Uppal Mandal, R.R. District. ..... PETITIONER AND 1 First Special Court under A.P. Land Grabbing Prohibition Act, Tank Bund, Hyderabad. 2 The State Government of Andhra Pradesh, represented by the District Collector, By the District Collector, Rangareddy District, Khairatabad, Hyderabad. 3 Saleemunnisa Begum W/o.late Habeebuddin R/o. Zainuddin Mosque, Shivraj Bazar, Osmania University Campus, Hyderabad-7. 4 Ravi Savitri Subba Rao W/o. late Ravi Subba Rao R/o.H.No.61-168/3 Lakdikapul, Hyderabad. 5 Tummala Krishna Rao S/o.Veeriah R/o.Gunddala, Vijayawada-8. C/o.N.Venkatarayudu, Advocate, 16-2-738/A/8, Asmangadh, Hyderabad-39. 6 Badi Venkata Rama Rao R/o.1/90, Habsiguda, Hyderabad. 7 Velluri Keshav Rao R/o. Plot No.16, Srinivas Colony, Punjagutta, Hyderabad. 8 P.Lakshmikantham W/o.P.Lakshman Rao Sundernagar Colony Plot No.108, Habsiguda, Hyderabad. 9 B.R.Sunanda W/o. B.R. Gangareddy R/o.Subashnagar, Nizambad, C/o.D.Subhashan Reddy, Advocate Narayanaguda, Hyderabad. 10 B.Narasimha Reddy S/o. Gangareddy R/o.Subashnagar, Nizambad, C/o.D.Subhashan Reddy, Advocate Narayanaguda, Hyderabad. 11 C.Bhoom Reddy S/o.C.Chinna Reddy R/o.Pocharam (V), Bodhan Taluk, Nizamabad District, C/o.Sri. D.Subhashan Reddy, Advocate Narayanaguda, Hyderabad. 12 M.Sri Heri Reddy S/o.Pratap Reddy R/o. Bodhan, Nizamabad District, 13 Koneru Venkatakrishnaiah S/o.Rattaiah R/o.H.No.1/104, Habsiguda (V) R.R. District, C/o. L.Sudhakar Reddy, Advocate, Hyderabad. 14 Nalluri Purnachandra Rao S/o.Narasimha H.No.56, R/o. Masabtank, Hyderabad C/o. L.Sudhakar Reddy, Advocate, Hyderabad. 15 Koneru Dhanalakshmi Devi W/o.Sivasankara Rao R/o.H.No.2/156, Hayatnagar, R.R. District. 16 Akuthury Rammohan Rao S/o.A.Sunder Rao R/o.H.No.8-5-109, Erram Manzil Colony, Hyderabad, C/o. L.Sudhakar Reddy, Advocate, 17 Vankuri Seetharam Reddy S/o.Bhujanga Reddy R/o.H.No.1/105, Habsiguda (V), R.R. District, C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 18 Kolli Venkataram Reddy S/o.Narsi Reddy R/o.H.No.1/107, Habsiguda (V), R.R. District, C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 19 Polu Ramanayya S/o.Pakeeraiah R/o.H.No.1/113, Kakatiyanagar, Hyderabad, C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 20 Koneru Rajendraprasad S/o.Mallaiah R/o.H.No.10-2-245, Dilsuknagar, Hyderabad, C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 21 Koneru Sambasiva Rao S/o.Mallaiah R/o.H.No.16-2-245, Dilsukhnagar, Hyderabad. 22 G.Venkayamma W/o.Galla Ramulu R/o.Quarter No. 36, Old Malakpet, Hyderabad, C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 23 K.Bhairulal S/o.Kaisarimul R/o.H.No.11-4, Tillery Bazar, Sec'bad C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 24 M.V.Nagender Rao S/o.M.Jagannath Rao R/o.H.No.3/96, Erramanzil Colony, Hyderabad C/o. Sri. L.Sudhakar Reddy, Advocate, Hyderabad. 25 D.V.Narasimha Rao S/o.Ramakrishnayya R/o.Vuyyuru Taluk, Krishna District, C/o.G.R.Subbarayan, Advocate, Hyderabad. 26 G.V.Ramakrishna Rao S/o.G.L.Narasimha Rao R/o. Plot No.52, Kimptee Gardens, Street No.1, Tarnaka, Secunderabad C/o. Krishna Murthy Advocate, Hyderabad. 27 Abbri Annapurnamma W/o.Abbri Balakrishna Rao R/o.H.No.1/108, Habsiguda Village, Hyderabad. 28 Dr.V.Rajeshwar Rao R/o.H.No.1-3-34, Ramnagar, Hyderabad. 29 G.Narasimha Rao R/o.H.No.1/133, Habsiguda , Hyderabad. 30 Smt.Vasundhara R/o.H.No.1/122, Habsiguda , Hyderabad. 31 Smt.Ravi Kamakshamma R/o.H.No.1/130, Habsiguda , Hyderabad. 32 A.Basavaiah R/o.H.No.1/123, Habsiguda , Hyderabad. 33 Vithal S/o.Todewalla Badichoudi, H.No.83, Sultan Bazar, Hyderabad. 34 Badi Aidtya Prasad S/o.Bandi Ramakrishna Rao R/o.H.No.1/90, Habshiguda, Hyderabad. 35 Mohd. Imtazuddin Siddiq S/o.Mohd. Asifuddin R/o.3-4-864, Barkatpura, Hyderabad. 36 Mohd. Eshasahamuddin Siddiq S/o.Mohd. Asifuddin R/o.3-4-864, Barkatpura, Hyderabad. 37 Osmania University, represented by Registrar, O.U. Campus, Hyderabad. 38 Syed Ahmed Hussain Bejuludi S/o.S.A.Kareo Hussain 39 Sri. Sd. Mahammed Hussain Bhagdad S/o.late S.A.Khaseem Hussain Bhagdad R/o.H.No.16-8-252, Kaladera, Malakpet, Hyderabad. 40 Sri. Sd. Mahammed Hussain Bhagdad S/o.late S.A.Khaseem Hussain Bhagdad R/o.H.No.16-8-252, Kaladera, Malakpet, Hyderabad. 41 Smt.Muneerunnisa Begum W/o.late Syed Kareem Hussain 42 Syed Amatul Fatima Basith D/o. late Abdul Kareem Hussain (Sl. No.36 to 40 residents of H.No.15-8-252, Kaladera, Malakpet, Hyderabad. 43 Smt.Tummala Mangatayaramma W/o.Late T.Krishna Rao R/o.H.No.48-193, Opp: Medical College, Sri Ramachandranagar, Vijayawada-8. 44 Smt.Vasanthakumari W/o. Purnachandra Ra R/o.H.No.48-193, Opp: Medical College, Sri Ramachandranagar, Vijayawada-8. 45 Smt.P.Navarathakumari W/o.Seetaram Chowdhary R/o.H.No.48-193, Opp: Medical College, Sri Ramachandranagar, Vijayawada-8. 46 Tummala Vasantharao S/o. late T.Seetaram Chowdhary R/o.H.No.48-193, Opp: Medical College, Sri Ramachandranagar, Vijayawada-8. 47 Smt.Dandamurti Rajend W/o.late D.Narasimha Rao R/o.Pennumataha Village, Paiditimakala Mandal, Krishna District. 48 Dandemuriti Ramakrishna Prasad S/o.late DV.Narsimharao R/o.H.No.30-1945, A. Camp. Ralavarivalla, Vijayawada. 49 M/s. NAGARJUNA Co-op. House Building Society, Rep. by its Secretary. 50 Smt.K.V. Kanaka Valli W/o.K.Ranganath Chary H.No.502, Sri Rama Home, Jawaharnagar, Ashok Nagar, Extension, Hyderabad. 51 Smt.Koneru Shashratnam W/o.late K.Venkata Krishna Borbapudi (V) via. Kuchipudi, Krishna District. 52 Dr.K.R.N.Tagore S/o.late Koneru Venkata Krishna Door No. 29-28/1-29, Koverhanudi Vardi Street, Sitaramapuram, Vijayawada - 500 002. 53 Sajja Purnachandra Rao (husband of 42nd Respondent) S/o.Ankineedu R/o.48-19-2, Opp: Medical College, Sri Ramachandra Nagar, Vijayawada-8. 54 Venkayakapati Madhavi ( daughter of 42nd Respondent) W/o.Subba Rao R/o.D.No.48-19-3, Opp: Medical College, Sri Ramachandra Nagar, Vijayawada-8. 55 Garapati Srirama Murthy S/o.late Ganga Raju R/o.Ankampalem Village, Atreyapuram Mandal, East Godavari District. 56 Gullapalli Venkata Suryanarayana S/o.Narsimha Murthy Atreyapuram Mandal, East Godavari District. 57 Smt.T.Vijayan Laxmi W/o.T.Sudhakar Lala R/o.Governorpeta, Vijayawada -2. 58 Smt.V.Rama Devi W/o.Padma Mohan Rao Sreenagar Colony, Hyderabad. 59 Sri. V.Basavaiah Chowdhary R/o.62-2-25, Patamata Landa, Vijayawada. 60 Sri.V.Krishna Rao R/o.38, Mosa marg, Siddarth Nagar, Mysore - 470011, State of Karnataka. 61 Sri.V.Chandra Sekhar Rao R/o.102, Parklane Apartment, 13, EAgle Street, Langford Town, Bangalore - 560 025 State of Karnataka. 62 Sri.V.Madhusudhan Rao R/o.Plot No.22, Navodaya Colony, Yellareddyguda, Srinagar Colony Post, Hyderabad - 500 073. 63 P.Satyanarayana S/o.P.Ramanayya R/o.Kusarvalli, Krishna District. 64 A.Lakshmi Rulsamma W/o.Satyanarayana R/o.Kudarvalli, Krishna District. 65 D.Srinivas Rao S/o.D.Venkateshwar Rao 66 D.Bhavani W/o.D.Srinivas 67 D.Hari S/o.D.Srinivasa Rao 68 D.Rama Krishna S/o.D.Srinivasa Rao 69 D.Satyanarayana S/o.D.Venkateshwar Rao 70 D.Yeshodara W/o.D.Satyanarayana 71 D.Hema D/o.D.Satyanarayana 72 D.Haresh S/o.D.Satyanarayana 73 S.Vimala W/o.S.V. Parthasarathi Rao R/o.3-76, Habshiguda, Hyderabad. 74 S.Venkata Sudheer S/o.S.V.Parthasarthy Rao R/o.3-76, Habshiguda, Hyderabad. 75 Seva Trust, rep. by S.V. Parthasarthy Rao R/o.3-76, Habshiguda, Hyderabad. 76 S.Sarayu D/o.S.V.Parthasarathy Rao R/o. Habshiguda, Hyderabad. 77 S.Sireeshapadma D/o.S.V.Parthasarathy Rao R/o.3-76, Habshiguda, Hyderabad. 78 B.Narender Reddy S/o.Narsimha Reddy Subhashnagar, Nizamabad. 79 B.Veerender Reddy S/o.Narsimha Reddy Subhashnagar, Nizamabad. 80 B.Surender Reddy S/o.Narsimha Reddy Subhashnagar, Nizamabad. 81 Syed Mohd. Mahmoodul Hassan S/o.Syed Mohd. Yousuf Mahmoodul Hussain Nizam Colony, Towlichoki, Hyderabad. 82 Syed Askarulla Hussain S/o.Yousuf Hussain Riyasathnagar, Hyderabad. 83 Syed Yadulla Hussain S/o.Yousuf Hussain R/o.Jehanuma, Hyderabad. 84 Syed Yadulla Hussain S/o.Yousuf Hussain R/o.2-2-1069, Qadribagh, Amberpet, Hyderabad. 85 Syeda Amtul Ayesha S/o.S.Ahmedulla Hussain R/o.Golkonda Khila, Hyderabad. 86 Syed Shah Hussain Khadri S/o.Syeda Amtul Butool Nizam Colony, Towlichoki, Hyderabad. 87 Syed Mahmmodullah Hussaini S/o.Mahammadul Hussain R/o.Salarjung Colony, Hyderabad. 88 Dr.Asadulla Hussaini S/o.Mahmmdul Hussaini R/o.Salarjung Colony, Hyderabad. 89 V.Sandhya Rani W/o.Krishna Rao Sidhardhanagar, Mysore - 11. 90 V.Krishna Sarosh S/o.Krishna Rao Sidhardhanagar, Mysore - 11. 91 V.Swathi Priyanka D/o.Krishna Rao Sidhardhanagar, Mysore - 11. 92 A.Bhaskar Rao S/o.Satyanarayana R/o.Kudaravalli Krishna District. 93 K.Laxmi Sarojini W/o.Mangapathi Rao R/o.12-1-509, Lalapet, Secunderabad. 94 B.Balaram S/o.Narasimha 95 B.Krishna S/o.Narasimha 96 B.Narsingh Rao S/o.B.Narasimha 97 B.Mahender S/o.Narasimha 98 B.Madhusudhan S/o.B.Narasimha 99 B.Venkatesh S/o.B.Narasimha All Respondents, except R-1, 2, 28, 59, 62, 73 to 77, 89 to 91, are not made parties to this Writ Petition. No claim against Respondents. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to call for records of the First Special Court under A.P. Land Grabbing (Prohibition) Act Hyderabad in I.A.No.613 of 2008 in LGC 40/03 and quash the order of First Special Court under A.P. Land Grabbing (Prohibition) Act, Hyd./Respondent-1 in Writ Petition by issuing an appropriate writ order or direction especially one in the nature of Certiorari being contrary to record, unjust and illegal and being not in accordance with the established principles of law of impleadment and pass further order or orders. Counsel for the Petitioner:MR.SRIRAM KRISHNA MURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED And THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.P.No.198 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed for a writ of Certiorari calling for the records pertaining to the order dated 3-11-2008 in I.A.No.613 of 2008 in LGC No.40 of 2003 on the file of the Special Court under A. P. Land Grabbing (Prohibition) Act, Hyderabad, and to quash the same. 2. Originally, a suit in O.S.No.36 of 1986 was filed by the Government for declaration of the title and recovery of possession of the suit schedule property against one Saleemunnisa Begum wife of late Habibuddin and others. Pursuant to the orders dated 18.7.2001 of the Supreme Court in CA 4404/, the said suit was transferred to the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad under Section 7-A (6) of the A.P. Land Grabbing (Prohibition) Act, 1982 ( for short ‘the Act’) to be tried along with LGC No.153 of 1996 and the same is pending before the said court as L.G.C. No.40 of 2003. The writ petitioner filed an application in I.A.No.613 of 2008 under Order 1 Rule 10 of CPC to implead him as respondent No.98 in L.G.C.No.40 of 2003 on the ground that he is Mutawalli of I.A. Schedule Property situated at Chinna Chillah Moula Ali, Habsiguda, Uppal Mandal, Ranga Reddy District and he is in possession of the same since the death of his father Syed Mohammed Hussain, by virtue of the agreement vide document in Urdu, dated 15 Azoor 1342 Fasli entered between Zainuddin and the Government, and it was signed by one Syed Ali Raza, Executive Engineer, OUB Project. As the I.A. schedule property is included in the schedule property of L.G.C. No.40 of 2003, the petitioner is necessary and proper party to the L.G.C. proceedings. 3. A counter affidavit was filed by the State in the I.A. before the Special Court stating that the factum of petitioner being Mutawalli was not known to them and that a dilapidated structure is situated in the boundary of Osmania University Campus, i.e. on the boundary line of Survey No.7 ( in plot No.111) and Survey No.10/1, (of Plot No.94) of Habsiguda Village, Uppal Mandal, Ranga Reddy District. 4. The Special Court has framed the following point for consideration: Whether the proposed party is a necessary party to the proceedings? 5. The Trial court has pointed out that the cause of action to file the I.A. arose when the Osmania University proposed to acquire I.A. Schedule land for its project. The petitioner never approached any court even though litigation was started about 50 years back. Earlier, Osmania University filed a suit O.S.No.1 of 1958 the file of II Additional, Judge City Civil Court, Hyderabad against Habeebuddin for recovery of possession and permanent injunction in respect of the land claimed by the petitioner and some other land and the suit was dismissed on 30.1.1959. The University had preferred an appeal and the same was dismissed by this court confirming the judgment in O.S.No.1 of 1958. The petitioner never approached the civil court to implead him as a party nor filed any independent suit. When Government issued notice under Section 7 of the Land Encroachment Act to Sri Habibuddin in the year 1964, some of the respondents in LGC challenged the proceedings in this court and a Division Bench of this court allowed the same and the Government carried the matter before the Supreme Court and the Supreme Court upheld the judgment of the Division Bench of this court holding that the Government cannot evict any person by way of summary proceedings. Then the Government has filed suit O.S.No.36 of 1986 for declaration of title and for recovery of possession of the suit schedule property and the said suit was transferred to the Special Court. The petitioner did not choose to implead himself as party to the suit or in the LGC Nos. 40 of 2003 and 153 of 1996 pending before the Special Court from 1986 to 2003. With some ulterior motive, the petitioner filed the I.A. in the year 2008. Apart from that, to claim the I.A. Schedule property, the petitioner filed a document in Urdu along with copy of its translation in English contending that an agreement was entered between Zainuddin and the Government dated 15th Azur, 1342 Fasli. But, it does not establish the title of the petitioner over the I.A. Schedule Property. Ultimately, the Special Court dismissed the I.A. holding that the petitioner is not a proper and necessary party. Aggrieved by the orders in the I.A, the petitioner filed the present writ petition. 6. The learned counsel for the petitioner contended that the petitioner is interested in the Wakf Al-Al-Aulad, to that effect he placed a document which is an agreement in Urdu entered between the Government and Zainuddin. It is further contended that since the petitioner is the Mutawalli of the Shia Muslim Institution, he has to protect the interest of the institution and it is a private wakf earmarked for performing Urs and other religious activities and this property is included in the schedule property of LGC No.40 of 2003, the petitioner is entitled to be impleaded as party in the LGC and the special court ought not to have dismissed the I.A. 7. The learned Government Pleader for Revenue submits that though the suit was filed by the Government in the year 1986 and subsequently, it was transferred to the Special Court and the same is pending as LGC No.40 of 2003, the petitioner has not taken any steps to come on record either before the Civil Court or in the LGC and that at the fag end of the trial, the petitioner has filed the I.A. to prolong the litigation and the Special Court has rightly dismissed the I.A. Therefore, the order of the Special Court cannot be interfered with. 8. The learned counsel for the unofficial respondents submits that the litigation is going on for the past 50 years and that at the fag end of trial, the petitioner filed the I.A. to implead him as respondent No.98 in the LGC. Therefore, the Special Court has rightly dismissed the I.A. 9. Heard the learned counsel on either side and perused the record. When this court specifically asked the learned counsel for the petitioner as to whether there is any wakfnama or whether petitioner is recognized by the Wakf Board as Mutawalli or whether there are any proceedings issued by the Wakf Board appointing him as Mutawalli to protect and control over the land which he is claiming, there is no reasonable explanation offered by the learned counsel on the above aspects. Apart from that though the matter is pending since long time, the petitioner filed the I.A. to bring on record at the fag end of the trial in the LGC. The Special Court after taking into all the aspects, has dismissed the I.A. Further, the petitioner did not fulfill the ingredients as laid down under Order I Rule 10 CPC to come on record in the LGC as respondent No.98. Further the judgment of the L.GC would be binding on the parties to the litigation as per Section 8 (6) of the Act. 10. In the circumstances, we do not find any infirmity in the impugned order and the writ petition is dismissed. This order does not preclude the petitioner from approaching the civil court to establish his title, right and possession if he is so advised. No costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR,J 29-07-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR}