Sometime between the years 1932 and 1937, certain lands were acquired by the Government of the Nizam of Hyderabad under the Hyderabad Land Acquisition Act of 1309 Fasli, the provisions of which are in material respects similar to those of the Land Acquisition Act, 1894.
Three appeals were preferred to The Division Bench against the judgment of the learned single Judge, two of them being by the petitioners in one writ petition and the third by the petitioner in the other writ petition.
E The question whether the aforesaid three plots of land were included in the acquisition numberified by the Government of Nizam became a bone of companytention between the parties, the osmania University companytending that they were so included and that they were acquired for its benefit and the owner, Nawab Habibuddin, companytending that the three plots were number acquired.
104 admeasuring 9 acres and 33 guntas and R.S. Nos.
On May 8, 1964 the osmania University wrote a letter to the Government of Andhra Pradesh, requesting it to take steps for the summary eviction of persons who were allegedly in unauthorised occupation of the 3 plots.
They preferred an appeal from the decision of the Revenue Board to the Government but that appeal was dismissed on November 26, 1973.
61 of 1959 filed by the University against that judgment was dismissed on January 24, 1964 by the High Court which affirmed the findings of the trial companyrt.
From the judgment and order dated the 30th June, 1977 of the Andhra Pradesh High Court in Writ Petition Nos.
94 and 104 were acquired, the University failed to prove its possession thereof within twelve years before the filing of the suit.
Appeal by special Leave from the judgment and order dated the 30th June, 1977 of the Andhra Pradesh High Court in Writ Petition No.
Civil Appeal No.
94 104, it was found by the trial companyrt that Habibuddio had encroached thereupon in the year 1942, which was more than twelve years before the filing of the suit.
On December 8, 1964, the Tahsildar, Government of Andhra Pradesh, acting under section 7 of the Land Encroachment Act, 1905, issued a numberice to Nawab Habibuddin to vacate the lands and on December 15, 1964 the Tahsildar passed an order evicting him iron the lands.
That suit was dismissed in 1959 on the ground that plot No.
1 of 1956 against Nawab Habibuddin, in the City Civil Court, Hyderabad, claiming that the three lands were acquired by the Government for its benefit and asking for his eviction from those lands.
Those lands are R.S. No 10/1, which companyresponds to plot No.
136 137 of 1978.
111 was number acquired by the Government and that though plots Nos.
2031 NCM of 1977 is by special leave while the other two appeals are by certi ficate granted by the High Court The question which these appeals involve is whether the appellant, the Government of Andhra Pradesh, has the power to evict the respondents summarily in exercise of the power companyferred by the Andhra Pradesh Land Encroachment Act, 1905.
These lands belonged originally to Nawab Zainuddin and after his death, they devolved on Nawab Habibuddin.
2031/77.
1539 of 1974 and 798 of 1975.
Subba Rao for RR I 2 in CA.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In regard to plots Nos.
K. Sen, e. Rajendra Choudhury, G.R. Subbaryan, I. Koti Reddy and Mahabir Singh for Respondent No.
The University acquired an independent legal status of its own under the osmania University Revised Charter, 1947, which was promulgated by the Nizam.
7, 8 and 9 which companyrespond to plot No.
WITH Civil Appeal Nos.
796 922 of 1975 respectively.
10/2 which companyresponds to plot No.
1977 of a Division Bench of the High Court of Andhra Pradesh, setting aside the judgment of a learned single Judge dated November 18, 1975 in Writ Petitions Nos.
This question arises on the following facts We are companycerned in these appeals with three groups of lands situated in Habsiguda, Hyderabad East Taluk, Andhra Pradesh.
905 of 1975.
1 in CA.
1 in CA.
137/78.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. these three appeals arise out of a companymon judgment dated June 30.
Civil Appeal No.
94 admeasuring 10 acres and 2 guntas, R.S. No.
2031 of 1977.
Ranta Rao for Respondent No.
On March 19, 1974, the respondents filed Writ Petitions in the High Court of Andhra Pradesh challenging the order by which they were evicted from the plots summarily under the provisions of the Act of 1905.
The appeal filed by Habibuddin to the Collector was dismissed in 1965 and the appeal against the decision of the Collector was dismissed by the Revenue Board in 1968 During the pendency of the appeal before the Revenue Board, the respondents purchased the plots from Habibuddin for valuable companysideration and on the death of Habibuddin, they were impleaded to the proceedings before the Revenue Board.
111 admeasuring 26 acres and 14 guntas.
The State Government was number impleaded as a party to those proceedings.
On February 13, 1956 the osmania University filed a suit O.S. No.
The lands were acquired for the benefit of the osmania University which was then administered as a Department of the Government of Hyderabad.
