No.955 dated 17.09.1992 without initiating a proceeding under the Evacuee Property Regulation as by reason of the said Government Order the Appellant derived a right wherefrom he companyld be deprived only upon companypliance of the principles of natural justice.
The relevant portion of said numberification reads as under By virtue of power vested in one as custodian under section 6 of the Hyderabad Administration of Evacuee Property Regulation, I hereby declare that the following properties are Evacuee properties within the terms of the said regulation and therefore, vest in me.
3479 of 1997.
The said Shaikpet village was formerly a Sarfekhas village and after the merger thereof in 1949, the administration thereof vested in the State.
No 955, dated 17.9.1992 within a period of two months from the date of receipt of a companyy of this order.
The Appellant herein claims right, title and interest over the said plot relying on or on the basis of an unregistered deed of sale dated 11.11.1949 AD purported to have been executed by one Khaja Moinuddin Ansari in favour of his father.
The Municipal Corporation of Hyderabad is the successor of the Jubilee Hills Municipality.
The respondents are directed to implement the orders passed by the Government in G.O.Ms.
As numberaction was taken, a writ petition came to be filed by the Appellant herein, being Writ Petition No.2024 of 1996.
III 2 /85 21 dated 29.8.1990 to meet the ends of natural justice.
5 dated 15.09.1949, all his properties were declared as evacuee properties in terms of Hyderabad Administration of Evacuee Property Regulation which was published in the Hyderabad Gazette on 19.12.1949.
The Collector of Hyderabad District, however, drew the attention of the Government that issuance of a supplementary sethwar was number possible for the reason stated therein.
An application was filed for issuance of supplementary sethwar and numberobjection certificate.
The Appellant herein in view of the entertainment of the said writ petition by the High Court also made a representation before the Government.
Dated 16.7.1994 is companypleted, the second respondent, District Collector, shall take appropriate action to implement G.OMs.
NAGENDRA BAHADUR Custodian All immovable property of Moin Nawaz Jung Bahadur e.g. bungalows, Muligies and lands etc.,
5 dated 15th September, 1949 declaring the properties of Khaja Moinuddin Ansari alias Moin Nawas Jung Bahadur as Evacuee Properties till 10th April, 1997 Questioning the said order, the Appellant filed a writ petition wherein a learned Single Judge, inter alia, held that the numberification issued under Regulation 6 of the Hyderabad Administration of Evacuee Properties Regulation was bad in law, as the same did number companytain material particulars of the properties of the evacuee as was mandatorily required.
It was further held Accordingly, the impugned order is set aside and companysequently it is declared that the property belonged to one Khaja Moinuddin Ansari and the father of the petitioner having purchased the same under sale document and the petitioner having succeeded the property after the death of his father, he shall be deemed to have acquired the ownership of the property in question.
No.955 without any further delay, preferably within six months from the date of receipt of a companyy of the enquiry report.
2436/Assn.
He before sending his report had given a numberice to the Appellant on or about 15.11.1993 asking him to be present in his office on 22.11.1993 along with the relevant documents and also the address particulars of Moin Nawaz Jung for taking necessary action in the matter.
403 into 169 plots and allotted the same in favour of various Nawabs and Nobles on certain terms and companyditions which included the payment of specified amounts to the Government.
The then Government in order to develop the Jubilee Hills Municipality into a planned city divided the land situated in Survey Nos.
One Khaja Moin Nawaz Jung Bahadur was said to be the Foreign Minister in the Nizam regime.
With a view to companymemorate the Silver Jubilee Celebrations, the Jubilee Hills Municipality was companystituted by including the lands situated in Sarfekhas village.
In the aforementioned situation, the State was required to issue a numberice to the Appellant so as to enable him to deal with the question number only as regard vesting of Plot No.7 A in the Government under the Hyderabad Administration of Evacuee Property Regulation but also that Khaja Moinuddin Ansari and Moin Nawaz Jung Bahadur were one and the same person.
Similarly, one Khaja Moinuddin Ansari through a purported holder of General Power of Attorney K. Sudarshan also filed a writ petition.
The Division Bench on an appeal made by the Government of Andhra Pradesh set aside the said judgment.
A. Pentamma in Govt.
On the other hand, the companytention of the State appears to be that Khaja Moinuddin Ansari is in fact Moin Nawaz Jung Bahadur, who during the police action was sent to the United Nations of Organization by the then Nizam to raise the issue of police action by the Union of India and he having failed therein left for Pakistan and never returned to India whereupon by reason of Notification No.
The Collector of Hyderabad District by Memo.
It is number in dispute that a detailed written submission was filed by the Appellant and his companynsel was heard fully on the said date.
at Begumpet gunfoundry etc.,
One K. Satyamma filed a writ petition wherein some order was passed.
By a numberice dated 16.07.1994, the parties were asked to appear before the Minister for Revenue on 23.07.1994.
The companytention of the Appellant is that the said Plot No.7 A was allotted in favour of Khaja Moinuddin Ansari by the Government, who, as numbericed hereinbefore, sold the same in favour of his father.
2.38 guntas issued in the Government Memo Second read above and to direct the Collector, Hyderabad to issue numberobjection certificate and supplementary shethwar in favour of Sri G. Srinivas, the Successor in title after satisfying himself about the documents as was done in the case of Smt.
By an order dated 09.01.1985, the said plot was derecognized.
It was further observed that in the said numberification, the name of Moin Nawaz Jung Bahadur was mentioned, but the allotment was made to Khaja Moinuddin Ansari and, thus, two persons are number the same.
By GOMs No.955 dated 17.09.1992, it was directed In view of the above said findings and observations and in view of the fact that this is also a similar case, the Government companysider it just and proper to set aside the orders of de recognition of plot No.7 A measuring an extent of Ac.
The Appellant in reply thereto, inter alia, stated that the Government had already made inquiries, heard his companynsel and arrived at certain findings but without prejudice thereto, however he sought to clarify the points raised therein.
All immovable property of Begum Moin Nawaz Jung as also the shares and securities.
The Collector thereafter allegedly made an inquiry upon verification of the documents filed by the Respondents herein and submitted a detailed report to the Government, opining that the Appellants case does number deserve any companysideration on the grounds mentioned therein.
Assailing the judgment of the Division Bench, Mr. K.K. Venugopal, the learned Senior Counsel, appearing on behalf of the Appellant, would companytend that the State of Andhra Pradesh companyld number have reopened the matter in view of GOMs.
It is so open to the Government if so advised to proceed in accordance with law in this regard.
As and when the enquiry is companytemplated in Memo.
as also property in Aurangabad and elsewhere in the state.
Plot No.7 A measuring 2 acres 38 guntas situated in Shaikpet village is the subject matter of dispute between the parties.
This aspect is number the subject matter for enquiry in this writ petition.
The writ petition was disposed of directing the Government of Andhra Pradesh to companyplete the inquiry companytemplated in Memo dated 16.07.1994.
dated 23.12.1993 issued another numberice asking the Appellants to reply satisfactorily with supporting evidence on the points specified therein.
Pursuant to or in furtherance of the said numberice, a written submission was filed by the Appellant wherein he appeared to have denied and disputed the fact that Plot No.7 A was a part of evacuee property companytending that Khaja Moinuddin Ansari was number an evacuee.
Memo No.
including all shares, securities etc.,
It was further observed It is submitted by the learned Government pleader that the land in question is an evacuee property and hence, the Government is companytemplating to take necessary companysequential action as warranted under law.
Taking advantage of the absence of the said Khaja Moinuddin Ansari, several persons advanced false and frivolous claim thereupon.
A claim over the said plot was also made by one M. Shanker Rao.
B. SINHA, J The scope and extent of application of the principles of natural justice is in question in this appeal which arises out of a judgment and order dated 15.09.2003 passed by a Division Bench of the High Court of Andhra Pradesh in Writ Appeal No.1929 of 2001 reversing the judgment and order dated 12.10.2002 passed by a learned Single Judge of the said Court in Writ Petition No.
