NATIONAL AIRPORT AUTHORITY Vs. ALLAH NAWAZ BAIG

JUDGEMENT

(1.) (Per The Hon'ble the Chief Justice) In these two writ appeals the National Airport Authority is the appellant. These two writ appeals are directed against the common order of the learned single Judge in Writ Petition Nos. 12787 and 12828 of 1990. The National Airport Authority was a respondent in both the writ petitions. How the writ petitions came to be filed requires advertance to by delineating the preceding facts.

(2.) Claims arising under the Andhra Pradesh (Telangana Area) Abolition of Inams Act 8 of 1955, hereinafter referred to as 'the Act', were dealt by the Revenue Divisional Officer, Chevella Division, hereinafter referred to as 'the R.D.O', on 4-3-1983. By that order, in respect of old Survey Nos. 1/1,21,22 and 68 of Ferozguda village, corresponding to new Survey Nos. 13 and 15 to 19, claims for an extent of Acs. 20.35 guntas were considered. The claims of the National Airport Authority were also considered. The claims of the National Airport Authority were negatived in the following terms:

(3.) Certain salient features indisputably emerge, out of what all has been said in the order of the learned single Judge. The contention of the National Airport Authority is that the respondents have no right to the lands in question. There is a counter contention by the respondents that they have a right over the lands. Thus, disputed questions of fact arose and the learned single Judge did not consider it appropriate to decide the disputed questions of fact in writ petition. The learned single Judge opined that the National Airport Authority should approach the authorities under the Act byway of an appeal. The direction to the National Airport Authority to file the appeal along with an application for permission, given by the learned single Judge is much taken advantage of by the respondents, to contend that, later when the National Airport Authority did prefer the appeal since there was lack of an application, the appeal process must be held to be incompetent. We will presently advert to this contention.