HARNATH RATHI Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India for Quashing the order of the Revenue Minister dated 5 -7 -1955 and for declaring the pattas of the lands purchased by the petitioner, to be lawful and in the alternative to ward compensation.

(2.) IT is alleged that sometime prior to the ant of the Impugned pattas, they were entered the Settlement Revision of the Taluka of utnur, Adilabad District, and a report was forwarded to the revenue department which concurred with it. The Executive Council also approved the proposal which was sanctioned by H.E. H. the Nizam by a firman dated the 15th Zikhada 1346 Hizri (6 -5 -1928).

(3.) LEARNED Advocate for the petitioner contends inter alia that the Superintendent, Survey and Settlement had the power to grant pattas of large areas of Kharij Khata lands, i.e. lands which have been struck off the account on the basis of Razinama from the ryots and included in the account of fallow lands; that the patta was not cancelled, nor any intimation given to either the pattedars or the petitioner; that the lands were demarcated and are in several villages and do not form part of a Gut number; and that Circulars Nos. 14 and 22 of 1322 F. have no application.