CONSTRUCTION COMMITTEE TIPPU KHAN Vs. OSMANIA UNIVERSITY

JUDGEMENT

(1.) Per Heard Sri M.V.Durga Prasad, learned counsel appearing on behalf of the petitioners and the learned Standing Counsel appearing on behalf of the first respondent.

(2.) The petitioners, who constitute 1 and 2 as Committees and represented by the third petitioner are the respondents before the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Hyderabad, filed this Writ Petition under Article 226 of the Constitution of India, inter alia, seeking to assail the order dated 25-11-1998 in L.G.C.No.8 of 1993 on the file of the second respondent in pursuance of an application purported to have been filed under Section 8 (1) of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 ('the Act' for brevity) holding that they are the land grabbers.

(3.) In the application, it is stated that the first respondent, a University is the owner of Plot Nos.107 and 108 admeasuring 2928 square yards situated in part in Survey No.172 of Zamisthanpur Village and Survey No.74 of Bagh Amberpet Village. Within the said land, an old Mosque (Masjid) is situated on a small extent. Since the entire land was acquired by the Osmania University, the Mosque, being part of it, was handed over to the University. However, the Muslim employees of the University are permitted to conduct prayers and religious congregations in the said Mosque, which covers an area of 278 sq.yards. However, in the year 1989, the University gave an extent of Acs.2 in Plot Nos.107 and 108 abutting Mosque to the Hyderabad Telephones. On a representation made by the Tippukhan Construction Committee to make certain constructions on the rear side of the Mosque, it was rejected. Thereafter, a three Man Committee was constituted on 04-11 -1992 who submitted a report to the effect that the Mosque was situated in an extent of 278 square yards only for which the University expressed no objection. Further, it has stated that the petitioners herein grabbed the extent in question and making attempts to make constructions. In the cause title, it is shown as "the Construction Committee, Tippu Khan Mosque" Osmania University, represented by the President and the Secretary, who are making such constructions for the purpose of the said Mosque in spite of objections and police complaint. Hence, the application.