Government Of Andhra Pradesh v. Grace Sathyavathy Shashikant
2019-02-27
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
body2019
DigiLaw.ai
JUDGMENT : 1. Having heard learned Senior Advocates appearing on behalf of both parties at great length, we are of the view that in para 12 of the judgment dated 16.08.2017, the words "prima facie" need to be added as follows:- "This being the case, it is clear that "prima facie" the lands belonging to the appellants.." 2. We make it clear that we have affirmed the entire judgment of the Single Judge and set aside the order of the Division Bench. According to us, it is not open for the review petitioners to urge that plot contained in Survey No. 129/45/D or Survey No. 129/D-45 does not exist. This is for the reason that in a judgment inter partes between Mohd. Taqiuddin and the Hyderabad Municipal Corporation reported in AIR 1960 Andhra Pradesh 340, the High Court has expressly stated: "28. Thus after giving careful consideration to the entire evidence on record, we are of the opinion that the title and possession of the appellant to the suit property is well proved." 3. This judgment specifically refers to the aforesaid plot measuring 3 acres and 21 guntas situated on Jubilee Hills in the village of Sheikpet, West Taluk, Hyderabad District and refers to this as plot bearing No. 129/D-45. 4. Further, the Government of Andhra Pradesh has itself recognized both the title of Taqiuddin and the existence of this plot in G.Os that have been issued. 5. The G.O. issued by the Revenue Department vide Memo No. 3933/Q2/64-17 dated 06.12.1967 specifically states the number of persons to whom land in which the Jubilee Hills Municipality area has been assigned is 41. We find in the appendix to the said G.O. Mohd. Taqiuddins name appearing at Sl. No. 34 in respect of Plot No. 129/45/D ad-measuring 3 acres 21 guntas. The location of the plot is also mentioned very clearly in the said annexure as "Road 12 adjacent to Mehdiyarjung Bungalow". By this G.O., the Board of Revenue had recommended that orders may be issued permitting the Collector to get the lands demarcated and to issue supplementary Sethwar and incorporate necessary changes in the revenue records in respect of the 41 cases recommended by the Collector. This unfortunately has never been done. 6.
By this G.O., the Board of Revenue had recommended that orders may be issued permitting the Collector to get the lands demarcated and to issue supplementary Sethwar and incorporate necessary changes in the revenue records in respect of the 41 cases recommended by the Collector. This unfortunately has never been done. 6. By yet an other letter dated 27.01.1982 from the Collector, Hyderabad District to the Deputy Director, Survey & Land Records, Hyderabad District, it is stated: "OFFICE OF THE COLLECTOR, HYDERABAD DISTRICT, Dated: 27.1.1982 No.F.4/6629/81 To The Dy. Director, Survey & Land Records, Hyderabad District. Sir, Sub.: Land-Hyderabad District Golconda Tq. Shaikpet (V) B Hills Plot No. 129/45/D Measuring Ac. 3.2 Gts. Recognized by Govt. issue of Supplementary Sethwar Regarding. The defunct Jubilee Hills Municipality plot of land bearing S.No. 129/45/D Measuring 321 Gts. has been recognized by the Govt. in their Memo No.3933/D2/6417 Rev. Dt. 6121967 and as per High Court orders in favour of Mohd. Taquiddin and Sri Ghulam Mohd. Abdul Hassan to the Extent of Ac. 2224 and Ac. 0.384 respectively. The Dy. Director, Survey Hyderabad is requested to identify and demarcate the plot in question and issue supplementary sethwar. Yours faithfully, Spl. Gr. Dy. Collr. Copy to : Sri Mir Osmruddin Ali GPA of Khairunnisa W/O Late Md.Taquiddin, 411/ 41, Opp: Eden Garden, King Kothi, Hyd. With a request to approach the Dy. Director Survey, Hyderabad for necessary action. Copy to : Sri Ghulam Md. Abdul Hassan with the similar request to approach the Deputy Director Survey and Land Records, Hyderabad." Also by a further letter dated 26.08.1983 by the Collector to the Municipal Corporation of Hyderabad, it is stated: "OFFICE OF THE COLLECTOR, HYDERABAD DISTRICT, Dated: 26.8.1983 Lr.No.F.4/5666/83 To The Special Officer, Municipal Corporation of Hyderabad, Hyderabad. Sir, Sub.: Land-Hyderabad District Golconda Taluk Shaikpet village Sy. No.129/45/D, Banjara Hills Request for issue of a No Objection certificate Reg. Ref: Petition of Prof. R. Bhaskar Rao, Dated 6.7.1983 With reference to above, it is informed that Prof. R. Bhaskar Rao, R/o. H. No. 71644/ 24, Sundernagar, Hyderabad has requested to issue a No Objection Certificate in respect of Sy. No.129/45/d/38 Acres situated at Road No. 12 in Banjara Hills area of Shaikpet Village records have been verified and the spot also has been inspected. The land in question lies in T.S. No.20 Block No. in Ward No. 12.
No.129/45/d/38 Acres situated at Road No. 12 in Banjara Hills area of Shaikpet Village records have been verified and the spot also has been inspected. The land in question lies in T.S. No.20 Block No. in Ward No. 12. This office has No Objection if permission is accorded for the sanction of layout and building permission in the above land as it is not a Government land but a Private land. This clearance is given subject to filing of declaration before the special officer and competent authority, urban land ceiling under the provisions of Urban Land Ceiling Act. A sketch of land applied for is NOC issued enclosed herewith. Government have nothing to do with any civil disputes that may arise due to the issue of this Certificate. Yours faithfully, FOR COLLECTOR, HYDERABAD DISTRICT. Copy to : Prof. R. Bhaskar Rao R/o H. No.71644/ 24, Sundernagar, Hyderabad for information. Copy submitted to the Spl. Officer and Competent Authority, Urban Land Ceiling for information. Copy to the Revenue Divisional Officer, Hyderabad Division for information. Copy to the Tehsildar, Golconda Taluk for information along with sketch." 7. Given the High Court judgment and the aforesaid documents, it is obviously not open to the Government to state that no such plot, that is Survey No. 129/45/D or 129/D-45, exists in Jubilee Hills, Sheikpet, Hyderabad. 8. This being the case, we reject the Committee Report that has since been filed dated 02.07.2018 and set it aside as this Report is not in consonance with the directions of the learned Single Judge which has been upheld by us. 9. We, therefore, direct the Government to demarcate the aforesaid plot being land on the ground as it exists today. 10. This will be done strictly in accordance with the Single Judges directions by the Collector within a period of eight weeks from today. 11. The Review Petitions stand disposed of accordingly. 12. List after eight weeks for compliance.