G. BIKSHAPATHY, J.

( 1 ) ) all the Writ Petitions and the C. M. A. can be disposed of by a common judgment.

( 2 ) THE matter has chequered career and therefore, it is necessary to trace out the genealogy of the events. The disposal of the w. P. No. 20282 of 1999 will have bearing on the other matters and therefore, the averments contained in the said Writ petition are referred to hereinafter.

( 3 ) THE validity of the G. O. Ms. No. 675, dated: 7-9-1999 issued by the 1st respondent-Government of Andhra Pradesh is assailed in the said Writ Petition.

( 4 ) IT is the case of the petitioner that plot no. 19 of defunct Jubilee Hills Municipality situate in S. No. 129 (old) corresponding to new S. No. 403 of Shaikpet village, Road no. 10, Banjara Hills, Hyderabad belonged to one Syed Azam Ali. He sold the said plot to one Abdul Razack on 1-3-1950. In turn, the said Abdul Razack gifted the same to his daughter Niazi Begum. Petitioner and 18 others purchased the said land from Niazi begum through a sale transaction dated 14-2-1973. They filed suit in O. S. No. 971 of 1985 on the file of the IV Additional Judge, city Civil Court, Hyderabad against Niazi begum for a declaration of title and the same was decreed on 28-11-1985. While so, one syed Ibrahim Ali and 21 others filed o. S. No. 45 of 1985 on the file of the IV additional Judge, City Civil Court, hyderabad against one P. Agamaiah and three others and in the said suit Agamaiah, the 5th respondent herein has filed written statement stating that he purchased the property from Syed Azam Ali in 1975 but however, he had unconditionally accepted the title and ownership of the respondents therein. The said suit was decreed. On the basis of the decree, Syed Ibrahim Ali obtained Orders from the Mandal Revenue officer for mutation of their names. Questioning the same Niazi Begum filed an appeal before the Revenue Divisional officer. In the said proceedings, Agamaiah filed an application for impleading him, but retracted and filed affidavit that he has no right, title and interest in the property. On the basis of the said affidavit of 5th respondent, the Revenue Divisional Officer passed Orders dismissing the impleading petition of the 5th respondent, and ultimately upheld the case of Niazi Begum directing the mutation of her name in the revenue records. As against the Orders of the Revenue Divisional Officer dated 17-12-1988 mutating the name of Niazi begum the 5th respondent filed an appeal before the Joint Collector and the said appeal was also dismissed on 22-6-1996. Agamaiah-respondent No. 5 filed O. S. No. 2019 of 1991 on the file of the vii Assistant Judge, City Civil Court, hyderabad against the petitioner and 18 others for permanent injunction in respect of the same land. He also filed an application for temporary injunction which was dismissed on 7-8-1991 holding that he could not show any documents to show his possession. In an appeal filed by respondent no. 5, C. M. A. No. 211 of 1991, dated 11-1-1993 the Order of dismissal was confirmed.-Subsequently, the suit was dismissed for default and an application to restore the suit was dismissed for default and application to restore the suit was also dismissed on 18-3-1994. It is further stated that after the land was purchased, the petitioners applied for Lay Out before the municipal Corporation of Hyderabad and lay Out in respect of the land was also sanctioned in favour of the petitioners and others by the Municipal Corporation of hyderabad on 4-12-1991. Against the said sanction of Lay Out, respondent No. 5 filed w. P. No. 10899 of 1992 and the same was dismissed on 27-1-1993. Writ appeal filed in w. A. No. 106 of 1993 was also dismissed on 1-3-1993. Respondent No. 5, however, again got filed O. S. NO. 1775 of 1995 on the file of the IV Senior Civil Judge, City Civil Court, hyderabad through Mallipeddi Narsaiah and others for declaration of title and for permanent injunction in respect of the said land. Respondent No. 5 figuring as

Click Here to Read the rest of this document