STATE OF A P Vs. PRAMEELA MODI

JUDGEMENT

(1.) The facts leading to filing of these writ petitions are tell-tale. They are required to be noticed in somewhat detail. Where do we begin? The Us between the mighty State and its cititzens centres around a piece of land admeasuring Acs. 3.27 guntas situated in Khairatabad village, Hyderabad District. The dispute that began prior to Hyderabad State attained its freedom still awaits its resolution. The all powerful State used weapon after weapon from its armoury against the respondents unhindered by adverse quasi- judicial verdicts as well as judicial pronouncements. We shall notice the phase- wise events. PHASE-I:

(2.) Khairatabad village was a Surfekhas village i.e., the private property of H.E.H. The Nizam. The initial survey of Khairatabad village was conducted in the year 1324 Fasli. That according to the entries made in the original sethwar (Settlement Register), the entire extent of land in Survey No. 115 is shown as Acs. 18.01 gunta. Likewise, the total extent of land in Survey No. 116 is shown as Acs. 52.34 guntas, classified as Poramboke land.

(3.) Smt. Pramila Modi (Respondent No. 1 in W.P. No. 20537 of 2004 and L.G.C. No. 10 of 2002) purchased a piece of land admeasuring Acs. 4.25 guntas in Survey Nos. 115/2 and 115/3 in Khairatabad village, under the registered sale deed, dated 1st Farwardi, 1355 Fasli from one Smt. Rabia Begum wife of Nawab Dastagir Nawaj Jung Bahadur for a valuable sale consideration of O.S. Rs. 25,000/-. According to the revenue records of 1348 Fasli (1937 A.D.), Smt. Rabia Begum was pattadar of only an extent of Acs. 3.37 guntas of land forming part of Survey No. 115/2 (Acs. 2.00), and Survey No. 115/3 (Ac. 1.37 guntas), respectively. The balance area in Survey No. 115 was partly low-lying and known as Enugula Kunta and partly Smashan adjacent to Hindu Smashan Ghat in Survey No. 116. The said Pramila Modi was actually put in possession of the land-in Survey No. 116, as no land was available in Survey Nos. 115/2 and 115/3. Having realized the fraud played by her vendor, Pramila Modi approached the Surfekhas authorities seeking appropriate relief. The Minister for Surfekhas Mubarak passed the order in File No, 99/45 of 1356 Fasli recognizing the possession of Pramila Modi over an extent of Acs. 3.27 guntas of land in Survey No. 116. A supplementary sethwar was issued in letter No. 2615, dated 23rd Meher, 1356 Fasli in Motemadi File No. 99/45 of 1356 Fasli. The entries in the supplementary sethwar reveal that Survey <FRM>JUDGEMENT_379_ALT3_2005Html1.htm</FRM> That the said supplementary sethwar was issued on the basis of Mohatmim Bandobust File No. 352, dated 1st Khurdad, 1357 Fasli in File No. 99/45 of 1356 Fasli.