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2003 Supreme(AP) 744
Andhra Pradesh High Court
Judges : GHULAM MOHAMMED
Syed Ameenuddin Hussain - Appellant
Versus
Joint Collector, Medak District at Sanga Reddy - Respondent
Decided On : 06-19-03
Headnote:
Atiyath inquiries Act,1952 - Andhra Pradesh (Telangana Area) tenancy and Agricultural Lands Act,1950 - Tenancy register as tenants - Possession of lands – Quash - Writ petition is filed seeking to issue an appropriate writ or order declaring order in File case of Petitioner who claims to be grandson of is that lands in question are service inam lands attached to and an entry to that effect was made Fasli - After abolition of system succession proceedings Atiyath inquiries Act took place and competent authority Atiyath inquiries Act granted succession in name of year and said proceedings became final - petitioner vide proceedings in File - Petitioner of said has been managing lands in question and getting them cultivated - Held, Respondents having contested suit filed by petitioner and having unsuccessfully carried matter in appeal in and in further appeal in before a Division Bench of this court now cannot contend that Civil court cannot decide nature of lands - Though it is to be accepted that civil Court has no jurisdiction to decide an issue when such an issue is to be dealt by a Special Tribunal constituted a statute and jurisdiction of Civil Court is explicitly or impliedly barred yet every court possess inherent powers in its very constitution such powers which are necessary to do right and undo wrong in course of administration of justice in matters which are brought before it - In instant case though petitioner instituted suit for recovery of possession of lands in question and for past and further profits - Civil Court was well within its jurisdiction to deal with case comprehensively to come to a just conclusion and in process make observations as to nature of suit lands based on - Writ Petition allowed
( 1 ) THIS writ petition is filed seeking to issue an appropriate writ or order declaring the order in File No. J/76/ inam/1994, dated 17-6-1996 passed by the 1st respondent-Joint Collector, Medak district, at Sanga Reddy, as being illegal and arbitrary and consequently to quash the same in the interest of justice.
( 2 ) THE genealogy of the case as borne out from the material made available, is as follows: one Abida Banu Sahiba was the inamdar of the land in Sy. No. 90 admeasuring ac. 15-30 guntas and Sy. No. 164 admeasuring ac. 13-02 guntas situated at Raikode village and Mandal in Medak District (for brevity, the lands in question ). The village Raikode was an ex-Jagir un-surveyed village of erstwhile Bidar District and after the reorganisation of the States in the year 1956, this village has been merged into Medak district.
( 3 ) THE case of the petitioner who claims to be the grandson of Abida Banu sahiba is that the lands in question are masrut-Ul Kidmat i. e. , service inam lands attached to Durgah of Hazrath Khaja Abdul fiaz Saheb at Bidar and an entry to that effect was made in Munthaquab No. 192 of 1298 Fasli. After abolition of Jagirdar system, succession proceedings under the Atiyath inquiries Act, 1952, took place and the- competent authority under the Atiyath inquiries Act granted succession in the name of the Abida Banu Sahiba in the year 1953 and the said proceedings became final. It is stated that after the demise of Abida banu Sahiba in the year 1959, the petitioner made an application to the competent authority under the Atiyath Inquiries Act for the grant of succession, and succession was granted in favour of the petitioner vide proceedings dated 8-5-1962 in File No. B4/ 5293/60 and the petitioner as the Sajjada and Mutavalli of the said Dargha has been managing the lands in question and getting them cultivated.
( 4 ) AGGRIEVED by the grant of succession in favour of the petitioner, Mr. Nagishetty, the father of respondents 2 to 4 and husband of respondent No. 5 herein challenged the succession proceedings before the Nazim Atiyath Revenue Department, government of A. P. Hyderabad, and the competent authority, by proceedings dated 30-1-1963 refused to grant leave to appeal on the ground that Mr. Nagishetty and his wife were not adversely affected by the succession proceedings granted in favour of the petitioner.
( 5 ) WHILE the matter stood thus, on coming to know that the names of Mr. Nagishetty and his wife Smt. Ratnamma, who is 5th respondent in this writ petition, were entered in the tenancy register as tenants in possession of the lands in question, the petitioner filed an appeal before the revenue Divisional Officer, Sangareddy, seeking to delete their names from the tenancy extracts on the ground that the service inam lands are saved from the provisions of the AP (Telangana Area) tenancy and Agricultural Lands Act, 1950. The RDO, Sangareddy, after conducting a thorough enquiry, by order dated 28-4-1960, in File No. A3/1109/60, allowed the appeal and pursuant to the said order dated 28-4-1960, the Tahsildar concerned deleted the name of Mr. Nagishetty and his wife smt. Ratnamma from the tenancy register. The order dated 28-4-1960 allowing the appeal by RDO, Sangareddy, and the consequent action of the Tahsildar concerned in deleting the names from the tenancy register was not called in question before any forum by them as such the said proceedings became final. The proceedings dated 28-4-1960 passed by the RDO, sangareddy, was though binding on Mr. Nagishetty and his wife Smt. Ratnamma, it is stated that in collusion with the Village patwari they once again got entered their names in the revenue records as the cultivating tenants of the lands in question. Aggrieved by the same, the petitioner file an appeal before the Additional Collector in File No. A8/427/60, dated 9-11-1960 and in File No. B4/40/62, dated 27-6-1962 respectively and the Additional Collector, after hearing the par
