IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE NINETH DAY OF FEBRUARY, TWO THOUSAND NINE ONLY WRIT PETITION No.24683 of 2001 Between: M.Madhava Reddy and two others. … Petitioners And Government of A.P., reptd., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and nine others. … Respondents Counsel for the petitioners: Sri E.Madan Mohan Rao. Counsel for the respondents: None. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct the respondents not to interfere with the possession and rights of the petitioners over the property bearing Plot Nos.3,4 and 5 in Survey No.194/10 of Patigadda, Begumpet, Secunderabad, without following due process of law. Heard Sri E.Madan Mohan Rao, learned counsel for the petitioners and perused the record. No one represented the respondents. The petitioners claimed to be in possession of Plot Nos.3, 4 and 5 of the above mentioned survey number. They traced the title to the said property to one Habeeb Nawaz Jung. According to the petitioners, he succeeded in getting occupancy rights certificate in respect of land admeasuring Ac.7.28 guntas in Survey No.194/10 from the Inams Tribunal cum-Revenue Divisional Officer, Chevella by his proceedings dated 25-10-1997. They further averred that respondent No.9- Kakatiya Co-operative Housing Society, Padmarao Nagar, Secunderabad, represented by its Secretary entered into an agreement on 6-1-1982 with Sri Habeeb Nawaz Jung agreeing to purchase an extent of Ac.6.04 guntas, out of the above mentioned land, and the said Society got the tentative lay out sanctioned. The petitioners claimed to have been allotted Plot Nos.3, 4 and 5 by the said Society and the original owner approached the Urban Land Ceiling Authorities and obtained permission for transfer of the land in favour of the petitioners. They further averred that they have raised structures by way of sheds and that they were allotted house No.1-8- 449/2/1. The petitioners alleged that while their application for regularization of the constructions was pending, following the order dated 9- 4-2001 passed by this Court in Writ Appeal No.501 of 2001, the respondents, claiming that the above plots belong to the Government, tried to interfere with their possession and dismantle some structures on 27-11- 2001 without any notice. The petitioners also alleged that the respondent authorities threatened them to dispossess from the said land. Therefore, they have filed the present Writ Petition. In the counter-affidavit filed by the Revenue Divisional Officer, Chevella Division, respondent No.3 herein, it is, inter alia, admitted that the original owner Nawab Habeeb Nawaz Jung succeeded in obtaining declaration of his entitlement to get the occupancy rights certificate subject to final declaration before the Special Officer under the Urban Land (Ceiling and Regulation) Act, 1976 (for short “the Act”); that even before granting of occupancy rights, the said owner entered into an agreement with the above mentioned Society; and that such an agreement is not valid under the provisions of the Act. It is further stated that the orders passed by the Inams Tribunal granting occupancy rights in respect of the lands in Survey Nos.194/2 to 194/12 in case Nos.L/3842/82 and L/3843/82 were set aside by this Court in Writ Petition No.199 of 1998 by order dated 8-6-2001 and remanded the matter to the Inams Tribunal to consider the application of the petitioners under Section 4 of the A.P. (Telangana Area) Abolition of Inams Act, 1955 (for short “the 1955 Act”). A perusal of the order of the Inams Tribunal shows that the original owner Nawab Habeeb Nawaz Jung was granted occupancy rights under the provisions of the 1955 Act in respect of Ac.7.12 guntas of land in Survey No.194/10/2 of Begumpet village. The said order was passed by the Inams Tribunal in Case No.L/168/95, while reference to Case Nos.L/3842/82 and L/3843/82 made in the counter-affidavit does not appear to have any relevancy to the occupancy rights certificate issued in favour of Nawab Habeeb Nawaz Jung. From a perusal of order dated 8-6-2001 in Writ Petition No.199 of 1998 referred to in the counter- affidavit it is evident that four persons, by name, Ekhtedaruddin Khan, Nawab Mahmood Jung, Abidunnisa Begum and Kareenunnisa Begum, filed the said Writ Petition against the orders passed in Case Nos.L/3842/1982 and L/3843/1982, whereby the claims of the said persons for occupancy rights certificates have been rejected. The learned single Judge, who disposed of the said Writ Petition, observed in paragraph 7 of the said judgment as under: “The petitioners, who are four in number are some of the applicants before the 1st respondent in two of the applications made before the 1st respondent for the grant of occupancy certificates in respect of the lands in Sy.Nos.194/1 to 194/12. It is not in dispute that these petitioners are the legal heirs of the original inamdar. Now the dispute is only with reference to the merits of the matter. Though there were certain third party applications claiming rights with reference to some of the lands, which were disposed by a common order by the 1st respondent, but, however, those orders are not assailed before this Court in the present writ petition and this writ petition is confined only to the proceedings of the 1st respondent in Case Nos.L/3842/1982 and L/3843/1982”. It is clear from the above reproduced observations of this Court that the dispute raised in the said Writ Petition was confined only to the orders passed in Case Nos.L/3842/1982 and L/3843/1982 and the learned Judge clearly observed that certain orders passed in favour of third parties were not assailed in the said Writ Petition. Therefore, in my opinion, placing reliance on the above mentioned order of this Court, in order to interfere with the petitioners’ possession of the plots, which are not the subject matter of the said Writ Petition, is wholly misplaced. Nothing is shown from the record that order dated 25-10-1997 passed in case No.L/168/1995 of the Inams Tribunal in favour of Nawab Habeeb Nawaz Jung, through whom the petitioners are claiming title, has been interfered with by this Court or any other competent authority. So long as the said order is in force, the respondents cannot legitimately claim that the land is vested in the Government. At any rate, even if the respondents feel that the petitioners are in occupation of the Government land, it is incumbent upon them to initiate proceedings in accordance with law and they cannot highhandedly interfere with the possession of the petitioners without following due process of law. Subject to the above observations, the Writ Petition is allowed. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:09-2-2009 MNR