IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.4225 of 2003 Between: 1 Ektedaruddin Khan S/o Nawab Khair Nawaz Jung R/o 1-8-308/1, Begumpet, Secunderabad. 2 Nawab Mahmood Jung S/o Nawab Khair Nawaz Jung R/o 3-5-121/e/1/6, Eden Gardens, Hyderabad. 3 Abidunnissa Begum D/o Late Abdul Fateh Khan R/o 1-8-350 Begumpet, Secunderabad. 4 Kareemunnissa Begum W/o Mumtaz Ahmed R/o 1-8-351, Begumpet, Secunderabad. ..... PETITIONERS AND 1 Mandal Revenue Officer, Balanagar Mandal, Dharmareddy Colony, Kukatpally. 2 The Revenue Divisional Officer, Chevella Division, Ranga Reddy District. .....RESPONDENTS 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 issue appropriate writ or pass necessary orders more appropriately a Writ of Mandamus declaring the action of the respondents in trying to take forcible possession of the properties in Survey No. 194/11 situated at Begumpet as illegal arbitrary and violating principals of natural justice and consequently direct the respondents not to take possession of the said properties with out following due process of law. Counsel for the Petitioners: MR.MAHMOOD ALI Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4225 of 2003 ORDER: This writ petition is filed by four petitioners, who claim to be legal heirs of Lady Vicar-ul-umra (Lady Vicar). Petitioners are allegedly successors of land comprised in survey No.194/1 to 12 situated at Begumpet Revenue Village. Initially property was in the custody of Court of Wards i.e., Chief Commissioner of Land Administration (CCLA). It appears that in the claim filed by Lady Vicar, Court of Wards passed orders on 17.2.1959 releasing land in survey Nos.194/1 to 12 in favour of legal heirs of Lady Vicar. Petitioners allege that all of them are in possession of land in question along with other legal heirs, though there i s inter se dispute among legal heirs. Six weeks prior to filing of writ petition, it is alleged, respondents visited land alleging that land vests in the State after abolition of Inams under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (the Act, for brevity). Petitioners contend that by reason of Section 9 of the Act, when structures and appurtenant land forming part of Inam; continued to be in possession of Inamdar, Occupancy Rights Certificate (ORC) under Section 10 of the Act cannot be granted to any of the persons mentioned in Sections 4 to 8 of the Act. Therefore they assert that the Government has no claim over the property. As there is interference, they filed writ petition seeking appropriate writ of Mandamus prohibiting respondents from interfering with possession. This matter was initially listed before Hon’ble Sri Justice N.V.Ramana. His Lordship directed to list this matter along with W.P.No.18785 of 2008, which is filed by other two legal heirs seeking survey of land in survey No.194/12. The said case is being dealt with along with connected W.P. No.26420 of 2008. When this matter is called, learned Counsel for petitioners has placed before this Court a copy of Memo No.37293/JA.(1)92-32, dated 19.2.2008, of Government of Andhra Pradesh. By said order, Government clarified that pending due of errata to notification published in Andhra Pradesh Gazette dated 26.1.1961, lands in survey Nos.194/1 to 194/12 at Begumpet village in Ranga Reddy District stand released in favour of Lady Vicar-ul-umra, in terms of which, Government passed orders on 22.4.1998. In that view of the matter, the Government cannot have any claim over land, which now stands released in favour of legal heirs of Lady Vicar. Probably for this reason, learned Government Pleader for Revenue (Telangana Area) submits that writ petition is filed on mere apprehension. While stating that there are many encroachments in the land, he further submits that respondents never tried to interfere with the land. The same is recorded. The writ petition is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) December 12, 2008. YS To 1 Mandal Revenue Officer, Balanagar Mandal, Dharmareddy Colony, Kukatpally. 2 The Revenue Divisional Officer, Chevella Division, Ranga Reddy District. 3 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 4 Two C.D. Copies.