THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.Nos.20922 of 2009 & 30132 of 2010 and C.R.P.No.4191 of 2010

COMMON ORDER

Since the issue involved in both the Writ Petitions is one and the same and the issue involved in the Civil Revision Petition is also integrally connected to the issue under consideration in the Writ Petitions, all the three cases, viz., WPs and CRP, are being disposed of by this common order.

W.P.No.20922 of 2009

2. The petitioner claims of he having purchased land to an extent of Acs.3.08 guntas in Sy.No.797/A, an extent of Ac.1.07 guntas in Sy.No.797/AA, in all admeasuring Acs.4.15 guntas, from its original owners, Sri Raza Ali Shah S/o Maroof Ali Shah and Farath Ali Shah s/o Maroof Ali Shah, under a registered sale deed dt.09.01.2001 for valuable consideration and on purchase of the aforesaid land, the same was mutated on to his name in revenue records; and that he was also issued with pattadar pass book and title deeds by the concerned authorities.

3. It is the further case of the petitioner that thereafter, he had sold land to an extent of Ac.1.15 guntas back to his vendors through a registered sale deed and is in possession of land to an extent of Acs.3.00 guntas; that the petitioner’s vendors were owners and occupiers of land which is a Inam land covered under Andhra Pradesh (Telangana Area)

Abolition of Inams Act, 1955 (for short, ‘the Inams Act’); that the petitioner’s vendors were granted Occupancy Rights Certificate (ORC) by the competent authority, vide proceedings dt.17.07.1999 under the relevant provisions of the Inams Act, after conducting enquiry; and that there is no dispute with regard to nature of the land and rights of the petitioner’s vendors over the land.

4. It is the further case of the petitioner that having purchased the land initially to an extent of Acs.4.15 guntas and thereafter, having sold away land to an extent of Ac.1.15 guntas, is in possession of the remaining extent of land to an extent of Acs.3.00 guntas; and that pursuant to the notification issued by Bharat Petroleum Corporation Limited (BPCL) for opening of a retail petroleum outlet at Kodangal Town and Village, he had applied for the dealership; and that the petitioner’s application was accepted, and letter of intent was issued by BPCL, vide its letter dt.28.03.2008.

5. It is the further case of the petitioner that on BPCL issuing letter of intent, he had approached the concerned authorities, i.e. Revenue Divisional Officer, Narayanpet (RDO), and the concerned police authorities and obtained No Objection Certificate (NOC) for establishing a petroleum retail; that after obtaining necessary permissions/sanctions from the authorities concerned for setting up of retail petroleum outlet and also having applied for conversion of the said land from agriculture to non-

agriculture, on the petitioner undertaking steps to clean the area for the purpose of setting up of petrol pump, some persons styling themselves as Members of local Masjid Committee are trying to interfere with the petitioner’s peaceful possession and enjoyment over the land admeasuring Acs.3.00 guntas by claiming that the property belongs to Wakf Board; that on the third parties creating obstacles, the petitioner had approached the competent Court of Civil jurisdiction by filing a suit for injunction, vide O.S.No.20 of 2009, and obtained ad interim injunction in I.A.No.188 of 2009 in O.S.No.20 of 2009; and that the said order of injunction is subsisting as of date.

6. It is the further case of the petitioner that on his peaceful possession and enjoyment being obstructed by the persons styling themselves as Members of the local Masjid Committee and also having regard to the stand of the Wakf Board in the suit, vide O.S.No.20 of 2009, he made enquiries and learnt that the 2^nd respondent herein had notified the land in Sy.No.797 of Kodangal Village and published the same in Gazette Settlement Part-II of A.P.Gazette No.4(A), dt.24.01.2002 along with other survey numbers and