REGIONAL SETTLEMENT COMMISSIONER EVACUEE PROPERTY BOMBAY Vs. GOLLA PENTIAH
HIGH COURT OF ANDHRA PRADESH
REGIONAL SETTLEMENT COMMISSIONER EVACUEE PROPERTY, BOMBAY
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Gopal Rao Ekbote, J. -
(1.) This is an appeal preferred against the order of a learned Single Judge made in W. P. No. 2763 of 1967 on 23-7-1969 whereby the learned Judge allowed the Writ Petition and declared the notification dated 29-4-1950 as invalid.
(2.) The material facts which gave rise to the said writ petition are that the respondent herein (Golla Pentiah) filed an application under Article 226 of the Constitution of India for issue of a Writ of Mandamus restraining respondents 1 to 4 from interfering with his right, title and interest in the lands bearing survey Nos. 29 and 72 admeasuring acres 4-14 guntas and from evicting him from the said lands and delivering the said lands to the 5th respondent.
(3.) The material averments made in the writ petition are that the petitioner claimed himself to be a protected tenant of the lands bearing Survey Nos. 29 and 72 situate at Lingojiguda village, Hyderabad East Taluk. Hyderabad District. It is alleged that the pattadar of the said lands was Aminuddin Khan who migrated to was Aminuddin Khan who migrated to Pakistan. The petitioner states that he has been in possession, occupation and enjoyment of the said lands for the last 40 years as tenant. He acquired rights under the Andhra Pradesh (Telegram Area) Tenancy and Agricultural Lands Act 1950 as protected tenant. A Certificate of protected tenancy also was granted to him.,;
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