LAWS(APH)-2000-11-28

MOHAMMAD RIAZUDDIN Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On November 02, 2000
MOHD.RIAZUDDIN Appellant
V/S
GOVT., OF A.P REP., BY ITS SECRETARY, REVENUE DEPARTMENT Respondents

JUDGEMENT

(1.) The writ petition and the regular first appeal are clubbed together as they relate to the land in Sy.No.225 admeasuring Ac.1.39 guntas (hereafter called 'the inam land') of Nizamabad, This common order shall dispose of the writ petition as well as appeal.

(2.) The writ petition is filed challenging the appellate order of the District Collector, Nizamabad, the second respondent herein, in Proceedings No.C/36/86 dated 18-9-1989 under the A.P. (Telangana Area) Abolition of Inams Act, 1955 (hereafter called 'the Inams Act'). A.S. No.1149 of 1994 is filed against the judgment and decree dated 28-4-1994 in O.S. No.145 of 1987 filed by the A.P. State Wakf Board (hereafter called 'the Wakf Board', which is 4th respondent in the writ petition) on the file of the Court of the Subordinate Judge, Nizamabad. The said suit is for declaration and perpetual injunction in respect of the suit property admeasuring Ac.1.39 guntas comprised in Sy.No.225 against three defendants who are the petitioners in W.P.No.13983 of 1989. For the sake of convenience, the parties shall be referred by their status in the writ petition.

(3.) The litigation in respect of inam land has a long history. There are proceedings between Tanzeemi Committee (Madina Masjid), Nizamabad and the petitioners or their predecessors-in-title, proceedings between the Wakf Board and the petitioners or their predecessors-in-title and proceedings between respondents 6 to 9 and the petitioners from 1963 onwards. There were also proceedings between the predecessors in title of the petitioners and the erstwhile Government of Hyderabad. Therefore, it is necessary to notice the facts as culled out from voluminous record -pleadings, documents marked in earlier suits and proceedings, orders by various authorities including this Court.