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SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL, JJ.
Government Of Andhra Pradesh And Others — Appellant
Versus
Grace Sathyavathy Shashikant And Others — Respondent
Review Petition (C) Nos. 3793-3807 of 2018 in Civil Appeal Nos. 5442-5456 of 2015
Decided on : 27-02-2019
prima facie - Land Dispute - [Act Section List] - The judgment references the Andhra Pradesh Land Revenue Act and the High Court judgment in Mohd. Taqiuddin v. Hyderabad Municipal Corporation, which affirmed the title and possession of the appellant to the suit property. It also refers to government orders recognizing the existence of the disputed plot and directing demarcation and issuance of supplementary Sethwar. The court rejected a Committee Report and directed the government to demarcate the plot within eight weeks.
Fact of the Case:
The judgment addresses a land dispute concerning a plot in Jubilee Hills, Sheikpet, Hyderabad, and the government's denial of its existence.
Finding of the Court:
The court affirmed the Single Judge's judgment, set aside the Division Bench's order, and rejected a Committee Report, directing the government to demarcate the disputed plot within eight weeks.
Issues: The main issue was the existence and ownership of the disputed plot, as well as the government's denial of its existence.
Ratio Decidendi: The court relied on the Andhra Pradesh Land Revenue Act and the High Court judgment in Mohd. Taqiuddin v. Hyderabad Municipal Corporation to affirm the title and possession of the appellant to the disputed plot.
Final Decision: The Review Petitions were disposed of, and the government was directed to demarcate the disputed plot within eight weeks.
JUDGMENT :
1. Having heard learned Senior Advocates appearing on behalf of both parties at great length, we are of the view that in para 12 of the judgment dated 16.08.2017, the words "prima facie" need to be added as follows:-
2. We make it clear that we have affirmed the entire judgment of the Single Judge and set aside the order of the Division Bench. According to us, it is not open for the review petitioners to urge that plot contained in Survey No. 129/45/D or Survey No. 129/D-45 does not exist. This is for the reason that in a judgment inter partes between Mohd. Taqiuddin and the Hyderabad Municipal Corporation reported in AIR 1960 Andhra Pradesh 340, the High Court has expressly stated:
3. This judgment specifically refers to the aforesaid plot measuring 3 acres and 21 guntas situated on Jubilee Hills in the village of Sheikpet, West Taluk, Hyderabad District and refers to this as plot bearing No. 129/D-45.
4. Further, the Government of Andhra Pradesh has itself recognized both the title of Taqiuddin and the existence of this plot in G.Os that have been issued.
5. The G.O. issued by the Revenue Department vide Memo No. 3933/Q2/64-17 dated 06.12.1967 specifically states the number of persons to whom land in which the Jubilee Hills Municipality area has been assigned is 41. We find in the appendix to the said G.O. Mohd. Taqiuddins name appearing at Sl. No. 34 in respect of Plot No. 129/45/D ad-measuring 3 acres 21 guntas. The location of the plot is also mentioned very clearly in the said annexure as "Road 12 adjacent to Mehdiyarjung Bungalow". By this G.O., the Board of Revenue had recommended that orders may be issued permitting the Collector to get the lands demarcated and to issue supplementary Sethwar and incorporate necessary changes in the revenue records in respect of the 41 cases recommended by the Collector. This unfortunately has never been done.
6. By yet an other letter dated 27.01.1982 from the Collector, Hyderabad District to the Deputy Director, Survey & Land Records, Hyderabad District, it is stated:
HYDERABAD DISTRICT,
Dated: 27.1.1982
No.F.4/6629/81
To
The Dy. Director,
Survey & Land Records,
Hyderabad District.
Sir,
Sub.: Land-Hyderabad District Golconda Tq. Shaikpet (V) B Hills Plot No. 129/45/D Measuring Ac. 3.2 Gts. Recognized by Govt. issue of Supplementary Sethwar Regarding.
The defunct Jubilee Hills Municipality plot of land bearing S.No. 129/45/D Measuring 321 Gts. has been recognized by the Govt. in their Memo No.3933/D2/6417 Rev. Dt. 6121967 and as per High Court orders in favour of Mohd. Taquiddin and Sri Ghulam Mohd. Abdul Hassan to the Extent of Ac. 2224 and Ac. 0.384 respectively.
The Dy. Director, Survey Hyderabad is requested to identify and demarcate the plot in question and issue supplementary sethwar.
Yours faithfully,
Spl. Gr. Dy. Collr.
Copy to : Sri Mir Osmruddin Ali GPA of Khairunnisa W/O Late Md.Taquiddin, 411/ 41, Opp: Eden Garden, King Kothi, Hyd. With a request to approach the Dy. Director Survey, Hyderabad for necessary action.
Copy to : Sri Ghulam Md. Abdul Hassan with the similar request to approach the Deputy Director Survey and Land Records, Hyderabad."
Also by a further letter dated 26.08.1983 by the Collector to the Municipal Corporation of Hyderabad, it is stated:
"OFFICE OF THE COLLECTOR,
HYDERABAD DISTRICT,
Dated: 26.8.1983
Lr.No.F.4/5666/83
To
The Special Officer,
Municipal Corporation of Hyderabad,
Hyderabad.
Sir,
Sub.: Land-Hyderabad District Golconda Taluk Shaikpet village Sy. No.129/45/D, Banjara Hills Request for issue of a No Objection certificate Reg.
Ref: Petition of Prof. R. Bhaskar Rao, Dated 6.7.1983 With reference to above, it is informed that Prof. R. Bhaskar Rao, R/o. H. No. 71644/ 24,
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