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2010 Supreme(AP) 372

V.V.S.RAO
Syed Shah Mohamood Hussaini – Appellant
Versus
Mohammed Rafiuddin Khan – Respondent


ADVOCATES APPEARED:
For the Petitioners: D. Srinivas Prasad, Advovate.
For the Respondents:R2- M.A.K. Mukheed, R3 & R4 – Standing Counsel for GHMC, R5 – Ponnam Ashok Goud, G.P for S.W, Advocates.

JUDGMENT :

1. The two petitioners filed instant writ petition seeking a writ of Mandamus to declare O.S.No.1 of 2010 filed by first respondent on the file of the Andhra Pradesh State Wakf Tribunal is not maintainable. In effect they seek a writ of Prohibition against the Tribunal on the ground that it has no jurisdiction.

2. The brief fact of the matter with reference to the allegations made by petitioners is as follows. The land admeasuring Acs.1.25¾ guntas situated at survey No.90 of Bandlaguda Jagir Village of Rajendranagar Mandal in Ranga Reddy District is the property of Mohammed Yousuf. He also had land in survey No.89. It is alleged that he had obtained Occupancy Rights Certificate dated 10.2.1977 under Section 10 of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. Mohammed Yousuf’s successor Syed Turab Hussain sold the land under registered sale deed dated 02.12.2006 to Dilshad Jah. Petitioners, statedly, entered into registered agreement of sale-cum-General Power of Attorney (GPA) dated 05.6.2007 for a sale consideration of Rs.50,00,000/- and obtained possession. First respondent filed O.S.No.1 of 2010 against petitioners herein (defendants 1 and 2) and respond








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