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2009 Supreme(AP) 121
2011 (4) ALD 554 (DB)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
Mrs. T. MEENA KUMARI AND C.V. NAGARJUNA REDDY, JJ.
Sirajuddin Daruwala and others
v.
State of Andhra Pradesh and others
WA Nos.1408 of 2002 and Batch and WP No.12296 of 2001
Decided On : Twenty Sixth Day of February, 2009
K. Raghavacharyulu Government Pleader for Land Acquisition for the Advocate General, Government Pleader for Land Acquisition, E. Madan Mohan Rao, Spl. Government Pleader for Advocate General, S.M. Subhan (SC for APWB), M. Adinarayana Raju, T Rajendra Prasrad, V. Venkataramana, Mavidi Rama Rao, (Mrs.) D. Prasanna Kumari, D. V. Sitaram Murthy, P. Kamalakar, K. V. Satyanarayana, Counsel for the Appearing Parties.
Headnote:
Constitution of India, 1950 – Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 – Section 9(1) – Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 – Sections 2A, 7 and 8– Land Acquisition Act, 1894 – Section 4(1) – Trust Land – Lease Deed – Compensation – Devada Village of Pedagantyada Mandai, Visakhapatnam District was an Inam village comprising total extent of Acs.5330.87 cents. Out of the said extent, land admeasuring Acs.2215.85 cents, situated in old Sy.Nos.212 to 216 (revised Sy.Nos.491 to 539), is the subject-matter of this batch of cases. The said land is classified as assessed waste and poramboke in the revenue records. According to the entries in the Inam Fair Register (IFR), an extent of Acs.2848.00 was shown as Service Inam in the name of three individuals, subject to the performance of service in Darga – According to the entries in the Fair Register (IFR), an extent of Acs.2848.00 was shown as Service Inam in the name of three individuals, subject to the performance of service – Held, As regards the first issue, we are entirely in agreement with the view of the learned Single Judge. Weather the appellants are parties or not judgment operates as a judgment in rem and the declaration that the entire property is a Wakf property binds everyone including the appellants. Indeed, the Government eventually realized this position in law and issued G.O. Ms. No.10 referred to above by declaring the entire property as of the Wakf. Court have therefore no reason to interfere with the finding of the learned Single Judge that the writ petitioners cannot claim any interest as lessees – writ petitioners therein failed to make out a case for granting relief in their favour, there can be no further question of granting directions in favour of respondent Nos.6 to 126. Even if the two earlier G.Os. are required to be implemented, the authority competent to disburse the 35% of compensation is required to examine the claims of various occupants/ encroachers questions are therefore to be necessarily adjudicated by the competent forum in appropriate proceedings that may be initiated by the parties concerned – writ petition are disposed.
Act Referred
CONSTITUTION OF INDIA : Art.226, Art.141
EVIDENCE ACT : S.41
WAKF ACT : S.5
C.V. NAGARJUNA REDDY, J :- This batch of writ appeals involving common issues arise from order dated 24.4.2002 in WP No.10468 of 1999 and batch. WP No.12296 of 2001 is connected with the subject-matter of the batch of these writ appeals. Hence, they are heard and being disposed of by this common judgment.
2. The petitioners in WP Nos.21674 and 10468 of 1999 filed WA Nos.1410 and 1408 of 2002 respectively against the common order passed in the said writ petitions. The State of Andhra Pradesh and the District Collector, Visakhapatnam, two of the respondents in WP Nos.21674 and 10468 of 1999, filed WA Nos.2068 and 1454 of 2002 questioning the common order passed in the said two writ petitions respectively. Certain third parties filed W A No.2101 of 2002 against the common order passed in WP No.10468 of 1999 with the leave of this Court feeling aggrieved by the finding of the learned Single Judge that respondent Nos.1 to 126 are deemed to be in possession of Acs.1385.00 of land in Sy.Nos.212 and 216 of Devada Village. WP N0.12296 of 2001 is filed by a partnership firm by name Shree Krishna Salt Works for a writ of mandamus to direct the respondents therein to pay the petitioner an amount of Rs.2.25 lakhs per acre in terms of G.O. Ms: No.239 dated 22.3.1999 and in accordance with the orders passed by this Court in WP No.5495 of 1992 in respect of the land handed over by it in Sy.No.491 of Devada Village, Pedagantyada Mandal, Visakhapatnam District.
3. The facts in brief, necessary for the disposal of the batch of these cases, are stated hereunder:
Devada Village of Pedagantyada Mandai, Visakhapatnam District was an Inam village comprising total extent of Acs.5330.87 cents. Out of the said extent, land admeasuring Acs.2215.85 cents, situated in old Sy.Nos.212 to 216 (revised Sy.Nos.491 to 539), is the subject-matter of this batch of cases. The said land is classified as assessed waste and poramboke in the revenue records. According to the entries in the Inam Fair Register (IFR), an extent of Acs.2848.00 was shown as Service Inam in the name of three individuals, subject to the performance of service in Darga.
4. It appears, in the year 1902 the Government cancelled the title deed standing in the name of Mokhasadars (personal grantees) on the ground that they violated the conditions of grant. On an appeal filed by the Mokhasadars, a compromise decree was passed by the High Court of Madras in the year 1910. For the purpose of disposal of these cases, it is not necessary to refer to the terms of the compromise decree. The property was the subject-matter of several successive lease deeds executed either by the Mokhasadars or the lessees from them. The Wakf Board filed OS No.148 of 1967 for cancellation of the slid leases. The Settlement Officer, Visakhapatnm, after holding enquiry under Section 9(1) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, 'the 1948 Act') passed order dated 15.6.1950 holding that Devada was not an inam estate and hence the provisions of the 1948 Act are not applicable to the lands situated in the said village. The said order was confirmed by the Estates Abolition Tribunal by its order dated 25.5.1952. The Andhra Pradesh State Wakf Board issued notification dated 30.11.1961 notifying certain properties as wakf properties. As the lands in question are not included therein, it issued an errata on 16.9.1965 by including these lands in the notification, which was published in the Gazette.
5. On 17.1.1967, the Tahsildar (Inams), Visakhapatnam held a detailed enquiry under the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short, 'the 1956 Act') and held that the lands in question were inam lands. The said decision was questioned by the Wakf Board in appeal filed before the Revenue Court, which dismissed the same by its order dated 21.8.1967. These two orders were questioned by the Wakf Board
