V LINGAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The point that falls for adjudication in both the writ petitions is common and they are disposed of by this common order.

(2.) Petitioners claim that one Shaheen Aziz Ahmed was allotted a plot admeasuring Ac. 2.30 gts. in Plot No. 10 of erstwhile Jubilee Hills Municipality and from whom the petitioners' father Mr. V. Malla Reddy purchased the said property on 12-3-1358 Fasli corresponding to the year 1948 and since from the date pf purchase he is in continuous possession. When several bogus claims were made with regard to allotments by the erstwhile Nizam Government in Jubilee Hills area, the 1st respondent instituted an enquiry into such claims of allotment and after elaborate enquiry the 1st respondent through his Memo No. 3933/02/64-17 dated 6-12-1967 held that 41 individuals who claim for assignment/allotment were held to be legal and valid, wherein the petitioners' father's vendor is at SI. No. 15 over an extent of Ac.2.30 gts, in the annexure annexed to the said proceedings. It is stated that during the year 1979-80 the 1st and 2nd respondents published the Town Survey Records of Hyderabad City, wherein also the ownership and possession of V. Malla Reddy was recorded which was co-related to T.S. No. 4/2, Ward No. 10, Banjara Hills. The same was reflected in the Pahanies 1980-81, 1981-82 and 1982-83. On petitioners' father making application to the Joint Collector (3rd respondent) who conducted Panchanama on 29-6-1984 and issued Supplementary Sethwar on 1-5-1984 in his name. On Issuance of Supplementary Sethwar, one All Asgar Seizer approached the Commissioner of Survey Settlements and Land Records by filing appeal under Section 158 of A. P. (Telangana Area) Land Revenue Act, 1317 Fasli claiming that he purchased the property from the daughter of the original allotteeSaheen Aziz Ahmed and the entries in the name of V. Malla Reddy and petitioners 1 to 8 may be deleted. The Commissioner by order in reference No. P5/2183/84 dated 15-11 -1985 directed the All Asgar Seizer to approach the civil Court and also observed that no order by any Revenue authority of and below the rank of the Commissioner, Survey, Settlements and Land Records shall be issued in respect of the property Plot No. 10, in Road No. 10, Banjara Hills, Shaikpet Village, Golconda Taluk, Hyderabad District which has become the subject matter of a civil dispute. No order of the Revenue authority passed in respect of the same disputed civil matter shall be implemented pending disposal of the case by the civil Court. The revenue authorities shall await the disposal of the suit by the civil Court and carry out the orders of the civil Court. Meanwhile O.S. No. 2467 of 1984 was filed by Viswa Saptagiri Housing Co-operative Housing Corporation on the file of V Assistant Judge, City Civil Court, Hyderabad against V. Malla Reddy and 8th petitioner and also against All Asgar Seizer claiming that they have purchased the property from him. The said suit was dismissed on 24-12 1987. Likewise, two more suits O.S. Nos. 33 of 1988 and 1536 of 1996 filed by the said society were also dismissed by a common judgment dated 7-2-2001 by the I Senior Civil Judge, City Civil Court, Hyderabad in which it is categorically recorded the possession of the petitioners over the subject land. Against which the plaintiff carried the matter in appeals before this Court and the same are pending. Meanwhile, pursuant to final decree granted in O.S. No. 538 of 1986 filed for partition by the 8th petitioner partition was taken place between the petitioners. In adverting to Section 6 of the Urban Land (Ceiling) Regulation Act, 1976 all the family members of V. Malla Reddy including the petitioners herein filed declarations. The Special Officer and Competent Authority issued proceedings dated 29-11 -1985 declared that 5041 sq. mts. was in excess of ceiling limit. By issuing draft statement under Section 8(1) of the ULC Act the petitioners filed their objections. When the same was pending the Special Officer & Competent Authority issued a Memo to the petitioners on 23-4-1998 stating that the Collector has informed that action will be taken by him under A. P. Escheats and Bona Vacantia Act, 1974 (for short 'the Act') and after the matter is decided in the enquiry he will take further action in the matter. Challenging the proceedings of the Special Officer the petitioner filed W.P. No. 17339 of 1998 and the same was dismissed by this Court by order dated 12-8-1999 holding that failure of the petitioners in producing original title deeds before the concerned authorities appears to have led to initiation of proceedings under A. P. Escheats and Bona Vacantia Act, 1974 and the Special Officer and Competent Authority under the provisions of ULC Act is entitled to verify from the District Head of the Revenue as to the nature of the land in question and genuineness or otherwise of the claim of the declarants and the 2nd respondent is not precluded from making such an enquiry. In view of the same, petitioners are not entitled to any relief. Meanwhile, the petitioners entered into an agreement and also executed certain sale deeds in favour of the 9th petitioners and to safeguard the property they have constructed compound wall around the land. After completion of construction of compound wall the respondents 3 and 4 started demolishing the compound wall. In view of the same, petitioners approached the District Collector (2nd respondent) and made a representation on 3-12-2003 and filed W.P. No. 25967 of 2003 for a Mandamus to declare the action of the respondents in demolishing the compound wall as arbitrary and illegal and restrain them not to interfere with the property. When the said writ petition was taken up for admission on 16-12-2003, learned Government Pleader for Revenue made a submission that an order was passed by the District Collector on 5-12-2003 under the Act and the same was sent for publication though this Court granted status quo with regard to publication of notification, if not already published, but meanwhile, the same was published in the newspaper as contemplated under the Act. Therefore, the petitioners filed W. P. No. 26301 of 2003 challenging the action of the respondents in issuing proceedings No. 11 / 33920/1998 dated 5-12-2003 inter alia contending that no action can be initiated under the Act and the said Act has no application to the subject property and the property can be declared as Escheat only if the owner of the property dies intestate and without leaving legal heir and can vest with the State where there is no rightful owner. It is also stated that no notice whatsoever was given to the petitioners before declaring the property as Escheat and no enquiry was conducted under Section 7 of the Act. Unless the enquiry as contemplated under Section 7 is conducted and property was taken possession as per the procedure prescribed under the Act, the order passed under Section 9 and published under Section 11 is arbitrary, illegal and contrary to the provisions of the Act. The entire action initiated by the 3rd respondent is contrary to the order passed by the Commissioner, Survey, Setlement and Land Records dated 15-11-1985 and the same is liable to set aside.

(3.) In answer to notice before admission, the 3rd respondent (Joint Collector) filed a counter stating that Sy. No. 129 measuring Ac. 3288.01 gts. was shown as Government land, which is locally known as "Kancha Tatti Khana": Supplementary Sethwar was issued in 1331 Fasli (1922 A.D.) dividing Sy. Nos. 129 into Sy. Nos. 129/1 to 129/10 and Sy. No. 129/1 measuring Ac. 3094.39 gts. was recorded as Government land whereas Sy. No. 129/2 to 129/10 measuring Ac. 193.03 gts. was shown as patta land. Another Supplementary Sethwar was issued in 1346 Fasli (1935 AD) deleting all the sub-divisions and Sy. No. 129/1 was renumbered as Sy. No. 403 and 404. During the Nizam regime to commemorate the Silver Jubilee Celebrations, Jubilee Hills Municipality was constituted by including the areas of Sarfekhas villages. In order to develop the Jubilee Hills Municipality into a planned city, plotted the land in Sy. No. 403 into 169 plots in 3 series and allotted the same to various Nobles and Nawabs. Plot No. 10 was allotted to one Shaheen Aziz Ahmed s/o Aziz Ahmed. The Jubilee Hills Municipality was abolished in 1358 Fasli (1949 AD) and the same was merged in the Municipal Corporation of Hyderabad. A revision survey was conducted from 1349 Fasli (1940 AD) and the same was completed in 1352 Fasli (1943 AD) and the same was not implemented in revenue records. The town Survey was conducted from 1964 to 1971 under the provisions of A. P. Survey and Boundaries Act, 1923 by issuing notification under Section 6(1) of the said Act. After completion of Town Survey a final notification under Section 13 of the said Act was published in A. P. Gazette on 6-8-1977. As per the final notification, the Government is owner of the land. Any person aggrieved by the entries in the Town Survey Land Records can question the same only by way of a civil suit. In the absence of any suit questioning the recording of the land as Government land, the entries cannot be altered or amended. One Smt. Dhannu Bai w/o Ramaiah describing herself as GPA holder of owners made a representation on 29-12-1981 to the Special Deputy Collector requesting mutation of plot Nos. 10, 11, 12 and 13 in Sy. No. 403, Road No. 10, Banjara Hills stating that the present owners namely All Asgar Seizer and others purchased the said plots from the original allottees, namely Smt. Shaheen d/o. Aziz Ahmed and others. Along with the said application she enclosed the land revenue receipts for the period 1965 to 1980. Mr. V. Malla Reddy also made a representation on 28-6-1982 to the 2nd respondent (District Collector) stating that he purchased the land in Sy. No. 403/35 (Plot No. 10, admeasuring Ac. 2.30 gts.) and he is in possession of the same and requested to issue Supplementary Sethwar for enabling him to mutate in the revenue records by enclosing land revenue receipt dated 23-2-1981 said to have been issued for the period 1954 to 1981. He did not produce any title deeds to support his claim along with the representation. There was no mention about any of those documents except stating land measuring Ac. 2.30 gts. bearing old Sy. No. 129 and present Sy. No. 403/35. Since there was no mention about Plot No. 10 of defunct Jubilee Hills Municipality in any of the documents produced by him, he was called upon to attend the local inspection to be conducted by Deputy Director, Survey and Land Records Hyderabad and after full fledged inspection, the Deputy Director found that Plot No. 10 was not tallying with the original records and sketch furnished by V. Malla Reddy. Therefore, Supplementary Sethwar was rejected by letter dated 8-10-1982. Similarly the representation dated 29-12-1981 made by Smt. Dhannu Bai was also considered and found not genuine and her case was also rejected by order dated 13-12-1984. Suppressing earlier rejection order V. Malla Reddy and another made a representation for issuance of Supplementary Sethwar which was issued by the Joint Collector (3rd respondent) without verifying the records and he has no jurisdiction to issue such Supplementary Sethwar and correction of any entries in the revenue records basing upon the Supplementary Sethwar which is contrary to the provisions of Survey and Boundaries Act, 1923. Aggrieved by the same Smt. Dhannu Bai-GPA of All Asgar Seizer filed appeal against V. Malla Reddy and another before the Commissioner, Town Survey and Land Records, who by order dated 15-11-1985 passed an order, as stated above.