( 1 ) IN this writ petition the Order of the Joint Collector-cum- settlement Commissioner, Nalgonda dated 29-7-1998 passed under Section 19 of the displaced Persons (Compensation and rehabilitation) Act, 1954 is assailed.

( 2 ) THE petition has a long chain of events spreading over nearly half a century.

( 3 ) THE 1 st petitioner is the Co-operative society registered under the provisions of the Co-operative Societies Act comprising of small farmers. It was registered and formed for the purpose of espousing and safeguarding the rights of the members in respect of the small extents of lands held by them at Malkapur village, Choutuppal mandal, Nalgonda District.

( 4 ) IT is the case of the petitioner that malkapur village was an erstwhile Jagir village held by Jagirdar one Mirza Maqsood ahmed Khan. He used to collect the land revenue being Jagirdar from the members of the petitioner society and he did not have any rights except collecting the revenue from the members of the petitioner society on behalf of the State. The Government of hyderabad exercising the powers under section 172 of A. P. (Telangana Area) Land revenue Act, 1317-Fasli framed the rules published in the Gazette No. 32, dated Thir 1356 Fasli known as rules regarding the grant of pattedary rights in non-khalsa village. Under the said Rules, the persons who were in occupation of Jagir lands and paid land revenue to the Jagirdar shall be treated as pattedars of khalsa lands. The members of the petitioner society have been paying the land revenue to the said jagirdar and predecessors-in-interest of the members were also recognised as tenants of Jagirdar and their names were entered in the revenue records. Therefore, all the members of the Society were deemed to have acquired the pattedary rights in respect of the lands occupied by them except the lands which were held by the jagirdar under his personal cultivation consequent on abolition of Jagirs under the provisions of the Abolition of Jagir 1338 fasli (1949 A. D. ).

( 5 ) IT is their case that the Government started claiming the land as Evacuee property of one Mirza Maqsood Ahmed Khan and the petitioner bona fide acting on the statement of the respondents purchased an extent of Ac. 197-25 gts. of land in s. Nos. 128, 41, 48, 50, 55, 61, 82 to 86 of malkapur village from one Dhamanmal ainshimal, a displaced person. Thus, it is the case of the petitioner that they purchased an extent of Ac. 197-21 gts. and also purchased another extent of Ac. 432-32 gts. , by paying Rs. 17,3127- towards the sale consideration. It is also their case that afterpayments were made, the Tahsildar addressed a letter to the Regional Settlement commissioner on 5-9-1961 stating that evacuee property has been disposed of and sought for the sale certificate. It is stated that the sale was conducted on the directions of the Regional Settlement commissioner. Thus, they became owners to the total extent of Ac. 630-30 gts. As per the records of the Government in respect of the balance area, the petitioners continued to be in exclusive possession and enjoyment of the lands as pattedars by paying land revenue to the jagirdars.

( 6 ) WHILE so, in the year 1988, the 2nd respondent initiated proceedings under section 145 Criminal Procedure Code and passed Orders on 6-6-1988 attaching the lands belonging to the petitioner society. The said action was challenged by the petitioner in WP No. 9224 of 1988. While admitting the writ petition, interim suspension Order was passed and finally the writ petition was disposed of quashing the order of attachment dated: 13-8-1987 leaving it open to the authorities concerned to decide as to the ownership of the land in question. Again the 1st respondent issued 5 notices in File No. B 1/13070/89, dated 12-7-1989 purporting to be under Form-I (Rule 6) of Evacuee Property Central Rules stating that the property mentioned in the notices vested in the custodian and it should be surrendered within 20 days.