JUDGMENT - B.H. MARLAPALLE, J.:---The subject matter of this petition concerns the land located in Survey Nos. 11 to 16, 19 to 20, 21/1, 21/2, portion of Survey No. 4 and a portion of Survey Nos. 7, 8, 9 and 10, situated in Mohalla Daudpura locality within the city municipal limits of Aurangabad.

2. One Shri Ranchhoddas Anandidas Gujarathi claimed to be the owner of this property and he was facing attachment order in Execution Proceedings No. 13/3 of 1956 in the District Court at Aurangabad wherein the decree holder one Shri S. Shriniwasrao and Yeshwantrao had prayed for execution of decree passed in their favour against the land holder namely Ranchhoddas Gujarathi. In the said proceedings, an application under Order XXI, Rule 83 of the Code of Civil Procedure was presented and permission was obtained to sell the attached property i.e. the agricultural land in the above mentioned survey numbers. Such a permission was granted on 6th August, 1958 by the Court and consequently the land holder agreed to sell the said property to Shri Hashimbhai Jetha through Shri Afzal Hussaini s/o Syed Abed Hussain Saheb, Shri Shaikh Lal Patel, Advocate, Shri Abdul Hamid Saheb, Proprietor of Silk Mills, Aurangabad for starting a charitable institution by name Aurangabad Art and Craft Centre (Darul Funun) on the total land admeasuring about 159 Acres and the sale deed between the parties came to be executed on 18th May, 1955 for a consideration of Rs. 42,000/- out of which an amount of Rs. 2,000/- was paid to the land holder and the remaining amount of Rs. 40,000/- was deposited in the Court treasury. Subsequently, the sale deed was registered on 15th July, 1960.

3. Certificate under section 102-A of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (the Hyderabad Tenancy Act, for short) came to be issued in favour of the purchasers on 2nd November, 1962 and the land was given Municipal No. 2412/1. An inquiry was conducted and the Inquiry Officer passed an order on 20th April, 1971 regarding the subject lands and the Petitioner Trust - Vendee filed an application before the District Inspector of Land Records (D.I.L.R. for short) complaining that the area was not shown properly. Final map came to be drawn on 16th September, 1973. This decision of the D.I.L.R., drawing the final map on 16th September, 1973 came to be challenged in an appeal before the Superintendent, Land Records who, after hearing both the parties had decided the matter on 21st October, 1974 and the decision of the D.I.L.R. was set aside. The order passed by the Superintendent came to be challenged in Appeal No. SR-92/75 before the Deputy Director, Land Records. The Appeal came to be allowed by order dated 28th December, 1975 in favour of the present petitioners. It appears from the said order that after the sale deed was executed by Ranchhoddas on 18th May, 1959 part of the property covered in the sale deed was sold by him to one Shri Chainmal S/o Pannalal Kothari and Cushion Co. through its Manager Shri Chainmal Pannalal Kothari by sale deeds which were executed in the years 1970, 1971 and 1974. The Deputy Director held that the same owner could not have disposed of the same property to different persons once in 1959 and thereafter in 1970, 1971 and 1974. The appeal filed by the petitioner was confined to the property in Survey Nos. 4, 19 and 20 which was adjacent to Survey No. 3, a portion of which had been purchased by Shri Kothari. Thus, the final map drawn on 16th September, 1973 had become final.

4. The aggrieved party approached the State Government by way of a revision and by order dated 19th May, 1978 the Minister of State for Revenue dismissed the revision and confirmed the order passed by the Deputy Director of Land Records, Aurangabad in Appeal No. SR-92/75. The Minister's order came to be challenged before this Court by filing Special Civil Application and a Division Bench of this Court rejected the said Special Civil Application on 21st July, 1978. An organizatio

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