( 1 ) THE writ appeal arises out of the interlocutory order dated 17-9-2003 passed in WVMP No. 2870 of 2003 by a learned Single Judge making the interim stay granted on 22-8-2003 in wpmp No. 22079 of 2003 absolute. That during the course of hearing of the writ appeal, the learned Senior Counsel appearing on behalf of the appellant as well as the learned Counsel including the learned government Pleader for Revenue appearing on behalf of the respondents requested the Court to take up the writ petition itself for hearing and disposal since the questions that fall for consideration in the writ appeal as well as the writ petition are one and the same. That at the request of all the parties represented by their Counsel, we have taken up the writ petition itself for final disposal.

( 2 ) WE shall refer the parties as arrayed in W. P. No. 17739 of 2003 for the sake of convenience. The petitioner Sultan- ul-Uloom Educational Society represented by its Honorary Secretary invoked the extraordinary jurisdiction of this Court under article 226 of the Constitution of India with a prayer to issue a Writ of Mandamus declaring the proceedings No. B/570/98 dated 18. 8. 2003 passed by the Special Executive magistrate, Hyderabad is arbitrary and without any jurisdiction. The petitioner accordingly prayed for a consequential relief to declare the said proceedings as unenforceable as against the writ petitioner.

( 3 ) THE said Executive Magistrate, hyderabad vide order dated 18. 8. 2003, directed the 2nd respondent-Mandal Revenue officer, Shaikpet Mandal to raise the attachment of the disputed property in terms of the decree and judgment of the Chief judge, City Civil Court, Hyderabad made in o. S. Nos. 154 and 181 of 2003 dated 21. 7. 2003. The Special Executive Magistrate is not impleaded as a party respondent in the writ petition.

( 4 ) IN order to consider the issue whether the impugned order suffers from any jurisdictional errors and vitiated by any errors apparent on the face of the record, we shall notice the relevant facts leading to the filing of the writ petition, which reveal the ^nature of controversy between the parties.

( 5 ) LATE Nawab Mir Osman AH Khan bahadur, the H. E. H. Nizam VH had created the 4th respondent trust known as Moazzam jah Trust, for the benefit of his second son nawab Moazzam Jah Bahadur, the father of the 5th respondent herein. The Trust inter alia provided that the trustees should receive certain amount from out of the trust fund to provide a suitable residence for nawab Moazzam Jah Bahadur during his lifetime. The 4th respondent trust after taking the requisite permission from the Chief judge, City Civil Court, Hyderabad in Case no. 237/2 of 1953-54, purchased under a registered sale deed dated 1. 5. 1954 property bearing Municipal No. 8-2-249 to 267 known as "mount Pleasant" totally admeasuring ac. 24. 10 guntas comprising of several buildings etc. , situate at Road No. 3, Banjara hills, Hyderabad. The same shall, hereinafter be referred to, as the petition schedule property.

( 6 ) THE case set up by the writ petitioner is that in and around the year 1980, on the request of the beneficiary of the trust, the 4th respondent was looking for a suitable purchaser for purchasing the said property. The 4th respondent had negotiations with the petitioner society for sale of the petition schedule property and finally it was agreed that it would be sold by the 4th respondent to the petitioner society for a total sale consideration of rs. 66,77,000/ -. The society claims to have made the payments of the said amount through various cheques, which were all encashed by the 4th respondent trust excepting a cheque for an amount of rs. 15,00,0007 -. The society was inducted into possession of the said land by the trust initially as a tenant and subsequently as a purchaser. The petitioner society since 1980 has been in exclusive possession and enjoyment of the same in their own right as an agreement holder. It is claimed that th

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