FAZAL ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Considering that the learned single Judge erred in dismissing the writ petition seeking for a Writ of Mandamus, the writ Petitioner preferred the present appeal. The fundamental question in this case is whether the premises sought to be occupied by the third Respondent-Hyderabad Metro Water Supply and Sewerage Board is premises bearing No. 3-5-784/1, King Koti or is 3-5-784/1/A, King Koti. Incidentally, a question arises whether the Court can go into such a question of fact in its special original jurisdiction.

(2.) We may advert to the facts at the outset. HEH the Nizam VII had several wives, several daughters and several sons. It would appear that he fostered several persons as his sons, apart from his natural sons. The fostered sons are known as Khanazads.

(3.) HEH the Nizam owned Ac.61.63 cents in and around King Koti. The Government had recognized the same as the private property of the Nizam. These properties were entered as items 3 to 14 in the Blue Book. The disputed property is claimed by the writ Petitioner to be premises bearing No. 3-5-784/1 and as part of the properties owned by HEH the Nizam. The total extent of the premises bearing No. 3-5-784/1 is 2426 square yards. This property is said to have been gifted to the Petitioner, one of the Khanazads, by HEH the Nizam.