COMMON JUDGMENT:

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. D.Prakash Reddy, learned Senior Counsel representing M/s. Indus Law Firm, for the appellants in both the writ appeals.

Mr. Mahesh Raje, learned Government Pleader for Home for the respondents No.1 to 5 in both the writ appeals.

Mr. J.Prabhakar, learned Senior Counsel representing Mr. Aziz Hussain, learned counsel for the respondent No.6 in W.A.No.254 of 2024.

Mr. V.Pattabhi, learned Senior Counsel representing Mr. T.Sudhakar Reddy, learned counsel for the respondent No.6 in W.A.No.255 of 2024.

2. These intra court appeals emanate from a common order dated 29.02.2024 passed by the learned Single Judge in W.P.Nos.28677 and 31353 of 2023.

3. Facts giving rise to filing of these appeals briefly stated are that the land bearing Survey Nos.9, 11, 47, 140, 141, 142, 143, 151, 152, 153, 676 and 677 measuring Acs.90.08 guntas situated at Kapra Village in the erstwhile Medchal Taluk (hereinafter referred to as the “subject land”) originally belonged to the evacuees who migrated to Pakistan during partition. However, the subject land was allotted to various allottees, who had migrated from Pakistan under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as “the Act”). The subject land, vide notification dated 11.12.1952, was declared to be evacuee property under Section 7 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as “the Evacuee Property Act”). Thereafter, the subject land was acquired under Section 12 of the Act for the purposes of rehabilitation of the persons who were displaced during the partition.

4. The Tahsildar, vide communication dated 29.06.1966, auctioned the subject land on an yearly basis which was challenged by one Sri Mandal Anjaiah, claiming to be the predecessor-in-title, in W.P.No.1051 of 1966, which was dismissed vide order dated 14.06.1968, inter alia, on the ground that the claim of the legal heirs of Mandal Bucham is belated and there is an alternative remedy under the Evacuee Property Act. Some portion of the subject land was allotted to Sri Gopaldas and Sri Jangimal on 15.09.1968 and to Sri Mathuradas on 21.11.1968. The legal representatives filed revision under Section 27 of the Evacuee Property Act in which the validity of the notification dated 11.12.1952 was assailed. The aforesaid revision was allowed and the matter was remitted to the Custodian-cum-Collector to re-determine the evacuee nature of the subject land. The Custodian- cum-Deputy Collector, vide communication dated 28.05.1979, concluded that one Mandal Bucham and his legal heirs are the owners of the subject land. The aforesaid order was challenged in a revision before the Chief Settlement Commissioner of Evacuee Property under the Act, which was allowed by an order dated 11.05.1983 and the order dated 28.05.1979 was set aside and the subject land was once again declared as evacuee property.

5. The legal representatives of the aforesaid Mandal Bucham assailed the order passed by the Chief Settlement Commissioner of Evacuee Property in a writ petition, namely W.P.No.7517 of 1983, which was dismissed by an order dated 26.07.1988. Thereupon, the legal representatives filed another writ petition, namely W.P.No.17722 of 1990, in which a direction was sought to conduct survey of the subject land. The said writ petition was allowed by an order dated 27.04.2000 and the order dated 11.05.1983 was set aside and the order passed by the Collector-cum-Deputy Custodian of Evacuee Property dated 28.05.1979 was restored. One Shankara Cooperative Housing Society Limited and others assailed the said order in civil appeals, namely Civil Appeal Nos.4099, 4100 and 4101 of 2000 and 3949 of 2011, against one M.Prabhakar and others. The Supreme Court, vide judgment dated 05.05.2011, set aside the order dated 27.04.2000 passed by the High Court and declared the notification issued under Section 7 of the Evacuee Property