TMI Blog2005 (9) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... administration thereof vested in the State. One Khaja Moin Nawaz Jung Bahadur was said to be the Foreign Minister in the Nizam regime. With a view to commemorate the Silver Jubilee Celebrations, the Jubilee Hills Municipality was constituted by including the lands situated in Sarfekhas village. The then Government in order to develop the Jubilee Hills Municipality into a planned city divided the land situated in Survey Nos. 403 into 169 plots and allotted the same in favour of various Nawabs and Nobles on certain terms and conditions which included the payment of specified amounts to the Government. The Municipal Corporation of Hyderabad is the successor of the Jubilee Hills Municipality. The contention of the Appellant is that the said Plot No.7-A was allotted in favour of Khaja Moinuddin Ansari by the Government, who, as noticed hereinbefore, sold the same in favour of his father. An application was filed for issuance of supplementary sethwar and no objection certificate. By an order dated 09.01.1985, the said plot was derecognized. On the other hand, the contention of the State appears to be that Khaja Moinuddin Ansari is in fact Moin Nawaz Jung Bahadur, who during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition came to be filed by the Appellant herein, being Writ Petition No.2024 of 1996. The writ petition was disposed of directing the Government of Andhra Pradesh to complete the inquiry contemplated in Memo dated 16.07.1994. It was further observed : 8. It is submitted by the learned Government pleader that the land in question is an evacuee property and hence, the Government is contemplating to take necessary consequential action as warranted under law. This aspect is not the subject matter for enquiry in this writ petition. It is so open to the Government if so advised to proceed in accordance with law in this regard. 9. As and when the enquiry is contemplated in Memo. Dated 16.7.1994 is completed, the second respondent, District Collector, shall take appropriate action to implement G.OMs. No.955 without any further delay, preferably within six months from the date of receipt of a copy of the enquiry report. The Collector of Hyderabad District, however, drew the attention of the Government that issuance of a supplementary sethwar was not possible for the reason stated therein. He before sending his report had given a notice to the Appellant on or about 15.11.1993 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vacuee Properties Regulation was bad in law, as the same did not contain material particulars of the properties of the evacuee as was mandatorily required. It was further observed that in the said notification, the name of Moin Nawaz Jung Bahadur was mentioned, but the allotment was made to Khaja Moinuddin Ansari and, thus, two persons are not the same. It was further held : Accordingly, the impugned order is set aside and consequently it is declared that the property belonged to one Khaja Moinuddin Ansari; and the father of the petitioner having purchased the same under sale document and the petitioner having succeeded the property after the death of his father, he shall be deemed to have acquired the ownership of the property in question. The respondents are directed to implement the orders passed by the Government in G.O.Ms. No 955, dated 17.9.1992 within a period of two months from the date of receipt of a copy of this order. The Division Bench on an appeal made by the Government of Andhra Pradesh set aside the said judgment. Assailing the judgment of the Division Bench, Mr. K.K. Venugopal, the learned Senior Counsel, appearing on behalf of the Appellant, would conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be said to have attained finality in the sense that the Collector had been specifically directed to issue a supplementary sethwar in the name of the Appellant and he was supposed to do so upon satisfying himself in that behalf. Such a satisfaction on the part of the Collector could be arrived at only upon application of mind on the claim of the Appellant. If during inquiry, the Collector came to know that the property in question was in fact an evacuee property and both Khaja Moinuddin Ansari and Khaja Moin Nawab were one and the same person, nothing prevented him from bringing the same to the notice of the State. The State also cannot be said to have acted illegally or without jurisdiction in issuing the show cause notice to the Appellant inter alia for rectifying the mistakes as evidently the said fact had not been brought to its notice before issuing GOMs. No.995 dated 17.09.1992. However, despite the fact that the Appellant had availed the opportunities to respond to the questions raised by the Collector in the notice dated 16.07.1994 he was merely asked to explain as to why the words supplementary sethwar should not be deleted from the GOMs. No.955 dated 17.09.1992. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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