MULLA MOHAMMADRAZACK MOHIUDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) One Mulla Mohammad Razaq Mohiuddin and three others filed this writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The brief facts of the case are that, land of an extent of Ac.22-31 cents in Old Sy.No.2207 situated in Nellore Town is classified as 'Inam Land'. The said land was notified as T.D.No.2216. The Inam Fair Register which was prepared in the year 1862 indicates the said fact. While the matter stood thus, one of the Inamdar sold the land to an extent of Ac.4-92 ½ cents to one Audisesha Reddy and others. The said sale deed was questioned in the Court of District Munsif, Nellore by filing O.S.No.640 of 1944 by one Mohd. Abbas Shareef under the premise that the land of an extent of Ac.22-31 cents situated in Nellore is Inam land and the same shall not be alienated. The suit was dismissed and against the said judgment and decree, an appeal was filed, which ended in dismissal. Thereafter, E.P.No.403 of 1945 was filed for recovery of costs and to take deliver of possession of land purchased by Audisesha Reddy and others in an extent of Ac.4-92 ½ cents.

(3.) During the course of execution, an extent of Ac.8-46 ½ cents in Sy.No.552-B was attached for recovery of costs. The land to an extent of Ac.8-46 ½ cents was sold by way of public auction on 28.04.1946 for recovery of costs awarded to K. Audisesha Reddy. The said land was purchased in Court auction by one Audeppa Setty and he took possession of the land on 16.11.1947l At the time of attachment of land and delivery of the land to Audisesha Reddy and Audeppa Setty, Commissioner was appointed to conduct survey and submit report. The Commissioner surveyed the land in the year 1946 and submitted his report stating that Ac.3-00 cents out of Ac.16-39 was demarcated and the left over belonging to Barashadee Dargah in which Dargah and tombs are situated. The land which was purchased in the auction was delivered to the auction purchaser. The auction purchaser sold the said land to the third party. Ultimately, the first petitioner purchased the land and came into possession of the land to an extent of Ac.8-46 ½ cents in 1964 and 1970 by virtue of registered sale deeds. So far with regard to Ac.4-92 ½ cents purchased by Audisesha Reddy is concerned, several persons purchased the land in small extents for construction of houses. The said land is situated in the midst of Nellore Municipal Corporation.