THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9145 of 2000 23.1.2008 Between: Sheik Syed Ali, S/o.Sheik Mirkin And others …Petitioners And The District Collector, Visakhapatnam …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9145 of 2000 ORDER: Four petitioners are residents of different localities in Visakhapatnam. Aggrieved by a declaration issued under Section 6 of Land Acquisition Act, 1894 (the Act, for brevity), proposing to acquire an extent of Acs.15.44 for construction of NTPC (common corridor), wherein the names of other enjoyers were shown ignoring the names of petitioners, present writ petition is filed. The brief fact of the matter shows that land admeasuring Acs.15.44 in survey No.227 (various sub-divisions) was sought to be acquired for NTPC, after issuing notice under Section 4(1) of the Act. Declaration was published in Eenadu Telugu daily on 26.5.2000. In the said declaration, Darga Ansari Saheb, Madina Saheb and Mohammad Saheb were shown as inamdars and other persons were shown as enjoyers of the land. Petitioners’ names were not found. Therefore the present writ petition is filed seeking a direction to respondent to conduct enquiry. Petitioners’ case is that an extent of Acs.5000.00 in old survey No.1-216 of Devada village was endowed by the Nizam of Hyderabad in 18th century to Darga Ansari Saheb, Madina Saheb and Mohammad Saheb, that they are successors of inamdars and that they have been managing properties by leasing out from 1986 to L.R.Daruwala. They also alleged that they are in possession of property. A counter affidavit is filed. Adverting to the allegation that the names of petitioners are not included, it is stated as below. In addition to this, here it is to be stated that the Inamdars Syed Ali and others have filed appeal (Civil Appeal 4372/85, dt.28.1.98) against A.P.Wakf Board, Hyderabad and others in Supreme Court of India. The Hon’ble Supreme Court in AIR 1998 SC 972 (from AIR 1985 AP 127) has opined “After a Wakf has been created it continues to be so far all time to come and further continues to be governed by the provisions of A.P. Wakf Act and a grant of patta in favour of Mokhasadars does not affect the original character of the Wakf property and the Hon’ble Supreme Court concluded that it did not find any substance and merits and accordingly dismissed. However, here it is to be stated that the village “Devada” is an Inam Village hence the names of the original Inamdars viz., 1) Darga Ansar Saheb, 2) Madeena Saheb, and 3) Mohammad Saheb were mentioned in Block No.19 in S.Nos.227/1 to 227/13; 233/3B, 243/1A and 2A along with present enjoyers (actual) and also included the M.R.O., Pedagantyada and Chief Executive Officer, A.P. Wakf Board, Hyderabad, as persons interested on behalf of Government. A perusal of the above would show that though Devada village is inam village, still the rights of enjoyers and inamdars have not yet been left out. Therefore it is a fit case where District Collector or appropriate authority should conduct proper enquiry at the Award stage, after hearing all the concerned, namely, Andhra Pradesh Wakf Board, Muthawallis of three Dargas and all the enjoyers and lessees, who are allegedly in possession of the land. The writ petition, with the above observations, is accordingly disposed of. ______________ (V.V.S.RAO, J) January 23, 2008 YS