MOHAN RAO Vs. ABUL QAIR NASEERUDDIN KAMRAN

JUDGEMENT

(1.) The Writ Appeal arises out of an order dtd. 24/6/2025 passed by a learned Single Judge of this Court in W.P.No.10368 of 2024 filed by the respondent No.1/writ petitioner against the inaction of the appellant (the respondent No.8 in the Writ Petition) in failing to consider the representation dtd. 27/3/2024 made by the writ petitioner and sought for a direction on the respondents therein including the appellant (respondent No.8) to complete the proceedings pending under the repealed Evacuee Interest (Separation) Act, 1951 ('the 1951 Act'). The direction, as prayed for in the Writ Petition, addressing unresolved issues concerning the lands in four Survey Numbers i.e., Sy.No.122/1 admeasuring Acs.10.21 gts., Sy.No.396/2 admeasuring Ac.1.16 gts., Sy.No.438 admeasuring Acs.17.22 gts. and Sy.No.396/4 admeasuring Acs.13.20 gts., which were not included in Registered Sale Certificate dtd. 17/12/1962.

(2.) The writ petitioner/the respondent No.1 filed 2 I.As. (IA.Nos.1 and 2 of 2024) for interim directions on the respondents (including the appellant herein i.e., the respondent No.8 in the Writ Petition) against mutations or alteration of Revenue Records of the lands contained in the four survey numbers and to restrain the respondents from creating any third party interest in those lands.

(3.) By the impugned order, the learned Single Judge allowed the Writ Petition by directing the appellant/the respondent No.8 - Competent Officer to dispose of Application No.1 of 2000 preferred by the petitioner or the predecessor in-interest or legal heirs of Saleha Fatima Begum, within a period of three months from the date of the impugned order and also imposed costs of Rs.50,000.00 to be payable by the appellant/the respondent No.8 as they had failed to settle the dispute and dispose of the Application filed by the petitioner, even after the lapse of 25 years.