Syed Shah Mohammed Quadri, J. -
(1.)This appeal, by special leave, is from the judgment of the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad dated October 27, 1998 dismissing Writ Petition No. 5332 of 1993, filed by the appellant assailing the order of the Special Court under A. P. Land Grabbing (Prohibition) Act, 1982 (for short, 'the Act') in L.G.C. No. 61 of 1990 dated April 16, 1993. The Special Court had upheld the claim of the first respondent (the State of Andhra Pradesh represented by its Chief Secretary) that the appellant was a land grabber of land of an extent of 2 acres 06 guntas, comprised in Survey Nos. 9/15 Paiki, 9/16, and 9/17 of Khairathabad Village, Golconda Mandai, Hyderabad District (for short, 'the land in dispute') and directed the appellant to restore possession of that land to the first respondent in terms of the decree.
(2.)To comprehend the controversy in the appeal it would be appropriate to set out the relevant facts. The appellant traces his title to the land in dispute under an unregistered agreement for perpetual lease executed by one of the successors of the Inamdar, Mohd. Noorudin Asrari, in respect of the Inam land in Survey Nos. 9/15, 9/16, 9/17 and 9/18, on November 28, 1954 (Ex. B-39). Later the said Asrari executed a registered perpetual lease deed in favour of the appellant on December 11, 1957 (a certified copy is marked as Ex. B-40). Soon thereafter one Rasheed Shahpurji Chenoy had set up a rival claim to the land in dispute by filing Original Suit No. 13 of 1958, in the Court of the Additional Chief Judge, City Civil Court, Hyderabad, against the first respondent, the appellant and others praying for declaration of title to and recovery of possession of the said land. In that suit the learned Additional Chief Judge passed an interim order directing the parties to maintain status quo in regard to the land in dispute. However, the appellant having sought permission of the Court, constructed a building "Jala Drushyam" on the land in dispute on his giving an undertaking that in the event of the plaintiff therein succeeding in the suit, the building would be vacated by him, leaving the structures intact, without claiming any compensation. On November 11, 1975 the said suit of Rasheed Shahpurji Chenoy was dismissed recording the finding that he did not have any title to the suit land which was the Government land (Ex. A-1).
(3.)It appears that as a follow up action of the minutes of the committee held in the chamber of the Chief Secretary to the Government of Andhra Pradesh, the Deputy Secretary, G.A.D. (O.P.LLL) by his letter dated September 14, 1959 (Ex.B-35) asked the Collector, inter alia,, to declare the land situated between the Secretariat and the Fisheries Department (which includes the land in dispute) as the Government land. Thereafter on October 5, 1959, the Collector passed order declaring Survey No. 9/15 paiki, 9/16, 9/17, 9/18 and 9/19 admeasuring 19 acres 29 guntas as Government Land and informed the Chief Secretary accordingly on October 20, 1959 (Ex. A-14 and Ex. B-34).