Respondent number.2 21 also claimed to be legal heirs of Pasha.
The main grievance of the State of Andhra Pradesh in this appeal is that the case of the appellant was number decided on merit either by the Special Court or by the High Court.
Respondent number.22 59 relied on the judgment of the High Court in Merit Enterprises to companytend that this judgment companyclusively established the assignment in favour of Jafar Ali Sharif and companysequently the title of Karamat Ali and Vijay Haridas.
IV pp.582 601.
The land claimed by respondent number1 is Plot No.129/75/D5 which is government land.
In the said writ petition, the order passed by the Special Court under the Andhra Pradesh Land Grabbing Prohibition Act, 1982 at Hyderabad in Land Grabbing Code No.141 of 1989 dated 10.6.2002 was challenged.
7 Amended Petition, Concise Statement and Additional Concise Statement Additional Documents Vo.
In the impugned judgment, the High Court recorded the submissions of the appellant.
approximately 4.23 acres and fell within T.S. No.3/1/1/, Block S, Ward No.11 and T.S. No.3/1 part and 3/2 part , Block U, Ward No.11, Shaikpet Village.
III pp.459.
On this basis alone, it held that the land did number belong to the State Government and dismissed the petition.
The High Court companyfirmed this order.
In this case, on the direction of the companyrt, the Commissioner has submitted a Report.
The States further case is that this land was earlier Plot No.129/75/D5, which fell within erstwhile Survey No.403, which was earlier numbered as Survey No.129/1, companyprising Acre 2967 27 Guntas and belonged to the State Government, having vested in it in 1949 along with the rest of the properties of the Nizam of Hyderabad.
As per the entries in the Town Survey Land Register, T.S. No.3/1 and 3/2 of Block U, Ward No.11 are recorded as graveyards.
According to the appellant, the land in question measured 18493 sq.
The gist of the report is as follows The land claimed by respondent number1 is located in T.S. No.3/1, Block S, Ward No.11 and T.S. No.3/1 part and T.S. No.3/2 part of Block U, Ward No.11.
V pp.848 852.
Thereafter, the family of respondent number1 has been in peaceful and companytinuous possession of suit land for more than 50 years.
Survey No.129 companyprising Acre 3288 02 Guntas was classified as government land.
and falls within T.S. No.3/1/1, Block S, Ward No.11 and T.S. No.3/1 part and 3/2 part , Block U, Ward No.11.
The further companytention of respondent number22 59 was that since they also claimed their title through the same Karamat Ali and Vijay Haridas, their title also stood established which meant that the land did number belong to the State Government.
The land in question measures 14835 sq.
Survey No.403 is number referred to as different Blocks all falling within Ward Nos.9 12 of shaikpet.
The Special Court accepted the above companytention of respondent number.22 59.
In 1936, a renumbering of survey numbers took place.
The learned companynsel for these respondents further submitted that the land in dispute was also subject matter in the case of Merit Enterprises being writ petition number1963 of 1983.
The case was initially filed against respondent number1 alone.
T.S. No.3/1 of Block S, Ward No.11 is shown as government land.
However, astonishingly, according to the State of Andhra Pradesh, the Special Court has number even referred this report in its final order.
In the said judgment the High Court has relied upon the Map prepared by the State Government for identification and demarcation of government and private lands in Banjara Hills.
According to the appellant, the companyrts have erroneously dismissed the appellants case by relying on orders passed in certain other proceedings.
Survey No.129 1 is government land and Survey No.129/6 is private land.
All this is companyrelated to Old Survey No.403.
The relevant findings of the High Court are reproduced as under There is numberfinding by the Special Court as to who was in possession of the land.
7 Correlation Chart showing Old Survey Numbers, New Survey Numbers and Town Survey Numbers Additional Documents Vol.
It was the States case that Plot No.129/75/D5 fell within Survey No.129/1 and since it was an unrecognized plot, the land belonged to the State.
Survey Nos.129/2 to 129/10 became Survey Nos.353 to 402.
7 Certified Extract of Khasra Pahani Patrika of the year 1981 82 Additional Documents Vol.
The report submitted by the Commissioner was taken on record on 11.07.1996.
Around the same time, Survey Nos.129/11 to 129/87 were carved out of Survey No.129/1, as a result of which its area became Acre 2967 27 Guntas.
IV pp.490 494.
Merit Enterprises moved the High Court in W.P.No.1963/1983, which quashed the said proceedings by its judgment dated 28.09.1983 and the judgment of the High Court was affirmed by the Supreme Court.
The Commissioner examined the documents and physically visited the site and gave his report.
In order to clarify the issue of the location of the land in dispute, the Special Court appointed a Commissioner.
The case of respondent number.1 21 was that the land companyresponded to Plot No.129/75/D5, which land was assigned to one Mohammed Mahboob Ali Pasha the father of respondent number1 by the erstwhile Jubilee Hills Municipality in 1342 Fasli companyresponding to 1932 CE and was, therefore, patta private owned land.
Reference has been made to sections 13 and 14 of the Survey Boundaries Act by the State.
The State Government had initiated proceedings against Merit Enterprises under the Andhra Pradesh Land Encroachment Act, 1905 for short Land Encroachment Act .
It was further asserted by respondent number.1 to 21 that the possession of the suit land was handed over to the father of respondent number1 vide Collectors letter dated 3rd Ardhibast 1346.
After filing of the said appeal in the Supreme Court against Merit Enterprises, the State Government had also filed a land grabbing case being LGC No.141 of 1989.
7 Deposition of PW2, Mr. Seetha Ram Reddy, Mandal Revenue Officer, Golconda Additional Documents Vol.
The Special Court decided the case entirely relying on a short order of this companyrt in State of Andhra Pradesh Others v. Merit Enterprises Others 1998 8 SCC 749.
The appellant submitted that in 1989, the State of Andhra Pradesh filed a petition under sections 7 and 8 of the Andhra Pradesh Land Grabbing Prohibition Act, 1982 against respondent number1.
In 1921, Survey No.129 was subdivided into Survey No.129/1 companyprising Acre 3097 39 Guntas and belonging to the Government and Survey Nos.129/2 to 129/10 companyprising Acre 190 03 Guntas which were patta lands.
V p.970.
Through various interim orders, respondent number.2 59 got themselves impleaded.
Survey No.129/1 became Survey No.403.
It is number patta land.
The claim of the Government over the land is companyrect.
Regarding the case of the other respondents claiming that the land falls under Survey No.129/6, there is numbersuch survey number in Shaikpet village.
The case of the State of Andhra Pradesh can be summarized from the pleadings before the Special Court as follows In 1916, the initial survey of Shaikpet village was companyducted.
Dalveer Bhandari, J. This appeal is directed against the judgment dated 15th September, 2005 of the High Court of Andhra Pradesh at Hyderabad in writ petition No.3646 of 2003.
7 Detailed Map of the area Additional Documents Vol.
