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2012 Supreme(AP) 610

High Court of Andhra Pradesh
GODA RAGHURAM & R. SUBHASH REDDY, JJ.
The Chief Secretary, G.A.D., Secretariat & Others
Versus
Malik Sultana & Others
W.A.NOS.1159 OF 2009, 1160 OF 2009, 1161 OF 2009, 1162 OF 2009, 1163 OF 2009, 1164 OF 2009, 1165 OF 2009, 1166 OF 2009, 1306 OF 2009, 1307 OF 2009, 1308 OF 2009, 1309 OF 2009, 1310 OF 2009, 1311 OF 2009, 1312 OF 2009, 1313 OF 2009; AND W.P. NO.29063 OF 2009; W.A.M.P.NOS.2420, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2736, 2737, 2738, 2739, 2740, 2741, 2742 & 2743 OF 2009
Decided on: 18-07-2012

Advocates Appeared:
For the Appellants:Learned Attorney-General and the Learned Advocate-General, S. Ashok Anand Kumar, M. Surender Rao, Standing Counsel for HMDA.
For the Respondent:K.V. Satyanarayana; Sunil Ganu, assisted by V. Ramachander Goud; C.B. Ram Mohan Reddy; R.K.G. Bhatia, Mohd. Vasi Ahmed, K. Ravinder Reddy, I.V.S. Rao, S.M. Shujaat Husain, Learned Attorney-General, Learned Advocate-General, G.P. for Revenue, M. Surender Rao, Standing Counsel for HMDA.,C. Damodar Reddy, Standing Counsel for GHMC, Circle – 8 and 9.

Headnote:Civil Procedure Code 1973, Section 9--- Disputed questions of title - Neither State nor any officer of State has been conferred judicial or quasi judicial jurisdiction, power or authority, either as Courts, a Tribunal or a persona designata, to adjudicate disputed questions of title to immovable property, even where one of the competing claimants to such title is State - S.9 of CPC confers wide jurisdiction on courts to adjudicate all disputes of a civil nature except those specifically excluded by legislation.

JUDGMENT

Writ Appeal Nos.1159 to 1166 of 2009 are filed by the State of Andhra Pradesh (the ‘State’); Writ Appeal Nos.1306 to 1313 of 2009 are by the Hyderabad Metropolitan Development Authority (HMDA) and W.P. No.29063 of 2009 is by five individuals. The eight appeals each filed by the State and the HMDA are against the common judgment dated 02-06-2009 in W.P.Nos.3421 of 2008, 12928 of 2008, 3750 of 2009, 22619 of 2007, 7747 of 2008, 10084 of 2006, 8761 of 2008 and 6425 of 2009; and the writ petition is by five individuals challenging memo No.1640/J.A1/03-09, Revenue Department, dated 21-05-2005 (the ‘impugned memo’), passed by the Principal Secretary (Revenue) of the State. It is this memo which was set aside by the learned single Judge, against which the sixteen (16) appeals are preferred.

2. Several individuals filed eight writ petitions challenging the validity of the memo dated 21-05-2005 and in two of the writ petitions (W.P.Nos.22619 of 2007 and 7747 of 2008), the order of the State in G.O.Ms. No.1084, dated 06-06-2005 (issued in exercise of the powers under Section 22-A of the Registration Act, 1908) was additionally challenged. Details of the reliefs sought in the several writ petitions are set out hereunder.

3. By the common judgment, dated 02-06-2009, the learned single Judge invalidated the memo dated 02-05-2005 for violation of principles of natural justice and directed the State to pass fresh orders after issuing notice to the writ petitioners enabling them petitioners to urge all the grounds before the State. The order in G.O.Ms. No.1084, dated 06-06-2005 was upheld but with the observation that as and when rights of the petitioners in respect of the property in question are determined in their favour they may pursue remedies in this behalf. It was clarified that the judgment shall not be treated as a pronouncement or adjudication of any dispute or question involved in the matter and the legal representatives of Late Nawab Nusrat Jung Bahadur-I or their authorized agent are at liberty to pursue the matter with the Government; and that that disputes, if any, among them (the legal representatives) could be agitated before a competent forum.

4. We have heard the learned Attorney-General for India instructed by Sri M. Surender Rao, the learned standing counsel for the appellant – HMDA; the learned Advocate-General for the appellant – State; Sri S. Ashok Anand Kumar, learned counsel for the petitioner in W.P. No.29063 of 2009; Sri K.V. Satyanarayana, Sri V.L.N.G.K. Murthy appearing for Sri I.V.S. Rao; Sri Sunil Ganu for Sri V. Ramachander Goud, for impleading petitioners in the several appeals (who claim to be purchasers from the legal heirs of late Nusrat Jung – I through the GPA Sri J.H. Krishna Murthy and the legal heirs of Sri J.H. Krishna Murthy); Sri C.B. Rammohan Reddy, Sri R.K.J. Bhatia, Sri S.M. Shujaat Hussain, Mohd. Vasi Ahmad, learned counsel for the non-official respondents; and Sri C. Damodar Reddy, learned standing counsel for the GHMC.

5. Before proceeding to adjudicate all the appeals and the writ petition we dispose of certain interlocutory applications.

W.A.M.P.Nos.2420, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2736, 2737, 2738, 2739, 2740, 2741, 2742 & 2743 of 2009 in W.A.Nos.1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1306, 1307, 1308, 1309, 1310, 1311, 1312 and 1313 of 2009, respectively.

6. The above applications are by the writ appellants seeking stay or suspension of the common judgment under appeal. These applications stand disposed of in terms of this common judgment.

W.A.M.P.No.1681 and 1682 of 2010 in W.A. No.1161 of 2009 and W.A.M.P.No.1689 of 2010 in W.A. No.1162 of 2009.

7. The above applications seeking expeditious hearing of the appeals stand disposed of in view of the judgment herein.

W.P.M.P.Nos.37692 of 2009 and 6593 of 2011 in W.P. No.29063 of 2009.

8. These are applications for certain interlocutory orders in the writ petition. They stand disposed of in view of the judgment







































































































































































































































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