AUTH SIGN Vs. PRL SECY
LAWS(APH)-2019-8-52
HIGH COURT OF ANDHRA PRADESH
Decided on August 27,2019

Auth Sign Appellant
VERSUS
Prl Secy Respondents




JUDGEMENT

M.Satyanarayana Murthy, J. - (1.)The petitioner in W.P.No.24370 of 2017 preferred this appeal under Clause 15 of the Letters Patent aggrieved by the order dated 11.8.2017 in W.P.No.24370 of 2017 passed by the learned Single Judge of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
(2.)The petitioner filed W.P.No.24370 of 2017 for issue of writ of Mandamus declaring the action of the 2nd respondent in issuing notice dated 28.6.2017 in F.No.10/Prot/GNT/2016 to the petitioner, as illegal and totally without jurisdiction, violative of principles of natural justice and contrary to constitutional rights guaranteed under Articles 14 and 19(1)(g) and 300-A of the Constitution of India, alleging that the petitioner-company is the absolute owner and possessor of total extent of Ac.14.29 cents in Sy.Nos.504, 505, 502, 501, 503 and 500 (and their sub-divisions) of Guntur village and Mandal. The said land was purchased under sale deeds dated 14.4.1956 vide document No.1144 of 1956; dated 11.1.1961 vide document No.110 of 1961; dated 16.12.1964 vide document No.4417 of 1964 and dated 30.6.1965 vide document No.3313 of 1965.
(3.)Out of the larger extent, the present petition only pertains to an extent of Ac.11.57 cents of land belonging to the company in Sy.Nos.504, 505 and 500 and their sub-divisions. The land of an extent of Ac.11.57 cents in Sy.Nos.500/1, 504, 504/3B, 504/3C, 505, 505/2A and 505/2B of Guntur Village was originally part of a larger extent of Ac.85.02 cents of land in Sy.Nos.499, 500, 504, 505, 506, 508 and 509 granted to an individual i.e., one Mir Ameen Ali Abdul Raja Amanullah Sahib for performing public service i.e., 'calling mussalmans daily for reading Namaz in that village' and the grant was confirmed by way of title deed No.980, dated 2.2.1861 by the Inam Commissioner of the Government of erstwhile province of Madras and the inam is known as 'nirkhi' inam. Thus, the grant was personal grant and the inamdar is under obligation to perform his duties, therefore, it is a service inam and not in favour of any religious institution.
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