M PRABHAKAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ petition has been filed to declare the Notification No. 55, dated 11-12-1952 published in Hyderabad Government Gazette dated 25-12-1952 notifying the land in Survey Nos. 9,11, 47, 140 to 143,151 to 153, 676 and 677 totally ad measuring Ac. 90.80 gts. situated at Kapra village, Keesara Mandal of Ranga Reddy District as evacuee property, as illegal.

(2.) On the ground that the said lands belonged to one Mr. Rahim Bux and his sons, who had migrated to Pakistan, they were declared as evacuee properties by the said notification.

(3.) The above lauds are claimed to be the property belonging to late Mandal Bucham, who died on 20-3-1942 leaving behind the petitioners as his legal heirs. It is the case of the petitioners that the said evacuee was no way concerned with the above lands and neither he had any title over the above lands nor any other right, interest or claim; but the authorities had assumed that the said lands were auctioned in a Court decree in his favour. It is also the case of the petitioners that while it is true that the said lands were auctioned in a Court decree, but it was only on account of realisation of the decretal amount, when the decree was put for execution in Case No. 41/2 of 1348 Fasli, it was dismissed on 18th Farwardi 1350 Fasli and again when E.P.No. 11/C of 1350 Fasli was filed, the same was also dismissed on 6-3-1353F; as such, the title remained with the ancestor of the petitioners and it was never divested from him. It is also claimed by the petitioners that no notice or opportunity was given to them at any time before declaring the above property as evacuee property under the provisions of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as 'the Act')- As such, they allege that the entire proceedings are totally baseless, misconceived, illegal and void.