(Per A. Gopal Reddy, J.)

This appeal under Clause 15 of the Letters Patent has been filed by the appellants questioning the order dated 09-10-2001 passed by the learned single Judge in W.P.No.I6479 of 1998 allowing the writ petition filed challenging the orders of the 1st appellant in File No.B7/7637/97 dated 20-04-1998 and 2nd appellant in File No.L/169/97 dated 20-09-1997 in exercise of Certiorari jurisdiction to declare the writ petitioners as owners in respect of land measuring Ac.114.37 gts. situated in Sy.No.228 (new) corresponding old Sy.No.424 of Manchirevula Village, Rajendranagar Mandal, Rangareddy District

2. Petitioners invoked the Certiorari jurisdiction of this Court under Article 226 of the Constitution contending that their ancestors viz., Syed Mohd. Ismail and Col. Syed Mohd. Hasan sons of late Mohd. Ahmad Hassan purchased Inam land measuring 132 Bigahs (equivalent 99 acres) consisting of 3 different plots; one such plot is locally known as "Nagireddy Kunta" in Manchirevula unsurveyed being a non-khalasa village Hyderabad west block in 1322 Fasli (1912) in a Court auction in execution of money decree. Only the extent, boundaries and local name was described in respect of the land to be sold in Court auction. As land is Inam land, prior permission to sell the property was obtained from HEH the Nizam in 13 Safar 1331 Fasli. HEH the Nizam granted permission to sell the property in open auction in Memo No.236 dated 11th Farwardi, 1322 Fasli. In the said auction, the ancestors of petitioners purchased the property. Syed Mohd. Ismail died in the year 1953 and 1st petitioner is the son of late Syed Mohd. Ismail. Syed Mohd. Hasan died and his son Syed Vicarul Hasan also died in 1986; therefore, his son and daughter are petitioners 2 and 3 in the writ petition.

3. In the Sethwar prepared for 1333 Fasli on completion of survey and settlement of Manchirevula village number for the lands sold in auction was recorded as "Sy.No.425" admeasuring 114.37 gts. locally known as "Nagireddy Kunta" and the names of Syed Mohd Ismail and Syed Mohd. Hassan-auction purchasers were recorded as Khatedars. Consequent to announcement of finalisation of the settlement of the village, Choufasla was prepared in 1344 Fasli and in column No.2 the names of Mohd. Ismail and another ancestor of the petitioners were shown as holders of the land. After abolition of Jagirs Survey and Settlement was revised, and in the said revision Sy.No.425 was revised as Sy.No.228 and in the settlement records it was wrongly described as Government land. The mistake was detected by the owners and they made an application to the District Collector, Hyderabad, who in turn by a letter bearing No.3495 dated 21-12-1950 directed the Jamabandi authorities to record Sy.No.228 as Inam not as Government poramboke. In compliance of the said order the Tahsildar issued proceedings dated 02-01-1951 directing the Patwari of Manchirevula village to Record the name of the petitioners/purchasers as holders of land in Sy.No.228 along with other lands, instead showing it as Poramboke. Thereafter, in 1951 Faisal Patti it was endorsed that Sy.No.228 as Maktha but due to wrong description of the said land as Government Poramboke penalty: was imposed. The said mistake was rectified in Faisal Patti for the year 1956-57 pursuant to order of District Collector dated 21-12-1950. After the death of Syed Mohd. Hasan in the year 1959, succession proceedings were initiated before the R.D.O., Hyderabad in file No.A2/ 5266/59 and succession was granted in the name of his son-Syed Vicarul Hassan, the purchaser in interest, the father of petitioners 2 and 3 herein and since then the petitioners are owners of the said land.

4. The District Collector, Hyderabad in the appeal in file No.AV21944 dated 09-07-1959 filed by the tenants clearly mentioned that Sy.No.228 of Macherevula is an Inam land belonging to Makthedars. In view of the order passed by the Collector, for Faisal Patti 1961-62 Sy.No.228