A.K.SIKRI,J. - (1.) Leave granted.
(2.) Nawab Nusrat Jung Bahadur-1 (Nusrat Jung-I) had purchased 1635 acres and 34 guntas of land in Kotham Kunta, also known as Asad Nagar, which is now renamed as Kokapet village. This land was purchased way back in 19th Century, while sale deed was registered sometime in the year 1852. Nusrat Jung-I died issueless in 1895 and his widow also died thereafter on 10th October, 1916. Nusrat Jung-I had two cousins, Nawab Ghulam Hussain and Nawab Mohd. Sardar. Disputes about the aforesaid land (hereinafter referred to as the 'subject lands') erupted almost 70 years ago and after protected litigation, which is having chequered history, the said disputes have finally landed in this Court. Hundreds of persons claiming themselves to be the successors in interest of Nusrat Jung-I have led their claim on the subject lands. On the other hand, the state of Andhra Pradesh claims that it is the State which is the legal owner of the property in-question.
(3.) As mentioned above, these appeals have long history which has been taken note of, in extenso, by the High Court in its impugned common judgment dated 18th July, 2012, whereby number of writ appeals have been decided. As the impugned judgment records the chronology of the relevant facts correctly and no mistake is pointed out by any of the counsel appearing before us in regard to factual narrative, we can conveniently and safely reproduce these facts from the said judgment. 3.1 Under a sale deed dated 17th Rabi Awal, 1269 H (1852 A.D.) Nusrat Jung-1 purchased the schedule property, of an extent of Ac.1635.35 gts., from the vendors, the five sons of Mir Jouhar Ali khan, son of Mir Hussain Ali Khan alias Asad Nawaz Jung (late), the wives of Mir Jouhar Ali Khan - Imtiazunissa Begum, Hayatunissa Begum and the daughters of Riazunissa Begum (the wife of Mir Asad Nawaj Jung) - Navrooz Begum and Moula Begum. The property then known as Koutham Kunta and thereafter as Asadnagar is presently Kokapet village. 3.2 Nusrat Jung-1 died issueless around 1875 leaving behind the widow - Rahimunnisa Begum, who died on 10-10-1916. Nusrat Jung-1 had two paternal first cousins - Nawab Gulam Hussain and Nawab Md. Sardar. 3.3 On 16th January, 1916 the entire properties of late Nusrat Jung-1 were taken over by Sarf-e-Khas Mubarak (the private secretariat of the Nizam) for supervision. A judicial branch of Sarf-e-Khas Mubarak initiated succession inquiry which was later transferred to the Court of Nazim Atiyat which was constituted under provisions of the 1952 Act. 3.4 In 1920 the heirs of Nusrat Jung-I represented to the Nizam for grant of Kokapet Jagir in their favour. By a Firman dated 15thJamadeeussani-1339-H, the Nizam decreed rejection of the representation and granted only maintenance allowance, on compassionate grounds. 3.5 In 1949, Jagirs were abolished under the Abolition of Jagirs Regulation and in 1359F the A.P. (T.A.) Jagirs (Commutation) Regulation was enacted providing for interim allowance payable, determination of commutation and abolition of Jagirs. Then followed the 1952 Act, providing for Atiyat enquiries. 3.6 The Atiyat Court to which inquiry was transferred, as pointed out above, by its order, dated 15-02-1954 held that lands in Kokapet village deserve to be confirmed as Madad-e-Maash (grant-in-aid) in favour of heirs of the late Nusrat Jung-1; that though the land enjoyed by the holders as Madad-E-Maash was subsequently constituted into a separate village; the Maash (the property) will be deemed to have been continued only as Arazi (inam lands), is confirmed as such and Kokapet was regarded as a village only for administrative purposes. 3.7 The Atiyat Court also held that Kokapet was taken over by the Government under the Abolition of Jagirs Regulation; this action was not challenged by Maashadars and the question of appointing Qabiz for lands included in the village does not arise. In respect of the lands in Bagh-e-Asifnagar (another village having lands of Nusurat Jung-1), the Atiyat Court held that each of Maashadars (holders of the property) is entitled to his respective share and the extents being small the Collector should formulate proposals for disposal of lands by sale or otherwise after obtaining permission from the Government; should dispose of the same and distribute the money among the Maashadars. 3.8 Gulam Mohammed and another, aggrieved by the decision of the Atiyat Court dated 15th February, 1954 preferred an appeal to the Board of Revenue, which was rejected by the order dated 24th September, 1954 and the order of the Atiyat Court was upheld. The order of Atiyat Court was placed before the Revenue Minister in the form of a note and approved by him on 22nd December, 1954. The Muntakhab did not set out the number of Sendhi (excise) trees on the land and the claimants were therefore denied their consequent rights. 3.9 The claimants applied to the Assistant Nazim Atiyat for amendment of the Muntakhab (for inclusion of Sendhi trees). The application was rejected. Claimants then approached the Atiyat Court which also rejected their claim. They unsuccessfully approached the Board of Revenue and thereafter filed W.P.No. 227 of 1960. On 1st April, 1963 this Court allowed the writ petition and declared the claimants entitled to inclusion of income from Sendhi trees in the Muntakhab, directed the respondents to amend the Muntakhab and awarded L 3,980-4-0 as maash. In the judgment in W.P.No.227 of 1960 the High Court however declined to grant the relief of restoration of the property. 3.10 One Mr. K.S.B. Ali (Mr. Ali) (claiming to represent 203 legal heirs of Nusrat Jung-1) approached the Government several times seeking release of lands covered by the Muntakhab in favour of the legal heirs. 3.11 Firoz Khan and another filed O.S.No.512 of 1973 (originally O.S.No.10 of 1967) for a declaration that they are the owners of the plaint schedule properties in survey Nos.41, 42 and 43 of Kokapet Village. J.H. Krishna Murthy and four others were impleaded as defendants in this suit. Krishna Murthy was impleaded as the GPA of the heirs of Nusrat Jung - I. Krishna Murthy through his written statement claimed entitlement to the lands on the strength of the GPA granted by the heirs of late Nusrat Jung - I and relied on the Muntakhab in support of the case of the defendants. The plaintiffs also prayed for a permanent injunction or in the alternative for recovery of possession of the suit lands. 3.12 By the judgment dated 30th June, 1976, the Trial Court considered the entire evidence and by an elaborately reasoned order decreed the suit. The Trial Court concluded that the stand taken by the defendants was incorrect and observed that the two Firmans clearly established that the lands in question (Kokapet lands) were Jagir lands; that the legal heirs of Nusrat Jung - I had also admitted in cross-examination that some of them had filed applications for restoration of the Jagir lands to the Nizam which was rejected; that the first defendant (Krishna Murthy) had not produced any evidence to establish that the suit lands were acquired by Nusrat Jung - I under any purchase; and that the legal heirs of Nusrat Jung - I were entitled only to commutation amounts. This judgment became final as the appeal thereagainst by the defendants was dismissed by this Court by the judgment dated 11-12-1985 in C.C.C.A.No.142 of 1976. 3.13 170 persons claiming to be heirs of Nusrat Jung-1 filed W.P.No.20298 of 1993 for implementation of the Muntakhab as confirmed by the Revenue Minister's order dated 24th December, 1954 and for mutation of their names in respect of the lands in Kokapet village. Reliance was placed by the petitioners (apparently during oral hearing of the writ petition) on a letter dated 21-06-2000 addressed by the CLR to the Government expressing an opinion that the Muntakhab must be implemented. By the judgment dated 09-07-2001 a learned single Judge disposed of the writ petition directing the Government to consider the report of the CLR and take further action in accordance with law, within six months. Thereafter several representations were made, including by Mr. Ali. 3.14 On 15th April, 2002 the Principal Secretary to Government, Revenue Department, considered the order of this Court (dated 09-07-2001 in W.P.No. 20298 of 1993) and rejected (by an elaborately reasoned order) the request of Mr. Ali for release of the lands as per the Muntakhab. By a subsequent Memo dated 6th May, 2004, however, the order dated 15th April, 2002 was withdrawn, again by the Principal Secretary to the Government. The Memo dated 6th May, 2004 records no reasons whatsoever for rescinding the earlier elaborate order and was issued pursuant to representation of Mr. Ali for reconsideration of his request, for implementing the Muntakhab. The Memo dated 6th May, 2004 merely states: Government after careful examination of the issue as per the Act and Rules in force, hereby withdraw the orders issued in the Government Memo 1stcited and the CCLA was directed to instruct the Collector, Ranga Reddy District and the concerned authorities to implement the orders of Atiyat Court issued in Muntakhab No. 57 of 1955. 3.15 A Memo dated 31-07-2004 reiterated the order dated 06-05-2004 and the CLR was directed to implement the earlier Memo dated 06-05-2004. In turn, the CLR on 07-10-2004 directed the Collector, Ranga Reddy District to ensure communication of the Memo dated 31-07-2004 to the Mandal Revenue Officer, Rajendranagar for handing over possession of the open land as per the M.R.O.'s report dated 28-08-1984 and report compliance. 3.16 Vide Memo dated 21st May, 2005 and G.O. Ms. No. 1084 dated 6th June, 2005 the whole issue was revisited and the earlier memos dated 6th May, 2004 and 31st July, 2004. In this order (setting out elaborate reasons) it was concluded that the finding of the Atiyat Court (in its order dated 15-02-1954) (that Kokapet village was taken over by the Government under the Abolition of Jagirs Regulation and the said action was not challenged by the Maashadars and appointment of Qabiz for the lands included in the village does not arise), destroys the claim of the representationists, of the lands being Arazi Maktha; that according to provisions of the Abolition of Jagirs Regulation read with the Jagir (Commutation) Regulations 1359-F, Jagirdar/Makthadar or his successor on the date of taking over of Jagirs were entitled to only commutation amounts, excepting lands which were under direct and personal cultivation of the Jagirdars or their successors as home farm lands under Section 17 of the Abolition of Jagirs Regulation; that there are no home farm lands in the name of the claimants as per the revenue and survey settlement records maintained from 1355-F (1945 AD); that open land would not fall within the definition of 'Home Farm Lands' as per provisio to Section 17 of the Regulation; that the Muntakhab was issued and acted upon by drawing commutation from the Nizam-e-Atiyat; and therefore there was no basis for any further claim in the matter. This Memo also concluded that the issue was finally decided by the 15-04-2002 order issued with approval of the competent authority; and that as the matter was finally decided, the subsequent orders dated 06-05-2004 and 31-07-2004 were without jurisdiction and competence. 3.17 Thereafter, tenders were issued by the Hyderabad Urban Development Authority for sale of Ac.100-00 in Kokapet village which was part of the subject lands and Mr. Ali filed W.P. No. 14439 of 2006 challenging the said tenders and sought a declaration that the said authority had no right in the property of the petitioners and the auction and sale process was illegal. 3.18 A learned single Judge on 14th July, 2006 dismissed the writ petition ruling that under Article 226 of the Constitution an inquiry as to questions of title in immoveable property cannot be considered and observed that the petitioner may approach the Civil Court for appropriate declaration and injunction. 3.19 Thereagainst W.A.No. 887 of 2006 was filed by Mr. Ali. This appeal was dismissed by a learned Division Bench of the High Court, by orders dated 26-10-2007, after contest. Though, SLP was filed thereagainst in this Court, the writ petitioner/appellant - Mr. Ali sought leave to withdraw W.P.No.14439 of 2006, W.A.No. 887 of 2006 and for rescinding the order in the writ petition and writ appeal. This request was granted by this Court with liberty to Mr. Ali to pursue "appropriate remedy", leaving the issues open. 3.20 However, after the aforesaid order of this Court (dated 13th December, 2007) several writ petitions were filed seeking reliefs already adverted to and these were tagged on to W.P.No. 10084 of 2006, earlier filed by Mr. Ali and were disposed of by the common judgment dated 02-06-2009 by a Single Judge of the High Court. ;