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21. The case of the petitioners is that in 1954, supplementary Sethwar was prepared for Sy. Nos. 17, 19 and 66/2 in favour of Chandni Begum and in 1958, another supplementary Sethwar was prepared in respect of Acs. 122.22 gts. of land of Raidurg Village in Sy. Nos. 66/1, 66/3 to 66/13 in favour of Chandni Begum. These supplementary Sethwars were not implemented. It is also their case that the Patwari entered the name of his mother Sonabai. According to the petitioners, Chandni Begum was granted patta to an extent of Acs. 15.30 gts.in Raidurg Noukhalsa Village and Acs. 15.00 of Raidurg Panmaqtha Village. The case of the Government, on the other hand, is that after the death of Dilwarbee, jagirdar of Raidurg, Chandni Begum's efforts to get succession failed and her patta itself was cancelled by the Revenue Minister, that the Patwari was not competent to bifurcate Raidurg Village and show his mother Sonabai as pattadar in two villages.

24. After abolition of the jagirs, all the waste, unarable and community (porambokes) vested in the Government. The Jagir Abolition Act provided for payment of compensation to the jagirdars as determined by the Court of Nizam-e-Atiyat, which was constituted under an enactment. Along with other Paigah nobles, Nawab Zahir Yar Jung, who was jagirdar of Asman Jahi Paigah submitted a claim petition on 11-9-1959 claiming compensation for 377 villages.

25. Nizam-e-Atiyat, Hyderabad took up the inam enquiry and its Assistant Nizam Atiyat issued a notification inviting objections to the claim made by Nawab Zahir Yar Jung. The said notification was published in the A.P. Gazette No.29, dated 28-7-1960. In Appendix A of the relevant notification produced before this Court, at page Nos. 1134 to 1137, Raidurg Village is mentioned at Sl. No. 312. In Case No.1/56/1959, after conducting enquiry, the Court of Nizam-e-Atiyat pronounced orders on 28-10-1968 in relation to the villages which were in possession of Paigah Asman Jahi, and in relation to other grantees, showing different villages in different categories. Insofar as the villages which were not found to be in possession of Paigah, at the time of abolition of jagir, the Court of Nizam-e-Atiyat ordered that these villages be escheated to the Government. These villages are included in Appendix B of the order. Raidurg Jagir Village is mentioned at Sl. No. 89. Apart from this, land admeasuring Acs. 279.22 gts. in Sy. No. 66 of Raidurg Jagir village was shown as Government poramboke in survey and settlement records. The land is described as rocky in nature not fit for cultivation. The Government claims to be absolutely in possession of the property. The Jagir village of Raidurg was surveyed in 1317 F. (1907 A.D.) and settlement of the village was made in the year 1321 F. (1911 A.D.). As per the records, Sy. Nos. l to 109 formed Raidurg Jagir admeasuring Acs. 1163.11 gts. Sy. Nos. l to 49 admeasuring Acs. 212.11 gts. were included in Raidurg Paigah and Sy.Nos.l to 16 admeasuring Acs.22.14 gts, were in Raidurg Khalsa. The land in Sy. No. 66 was classified as Poramboke Sarkari.

27. When the appeals of Chandni Begum to get a succession certificate to the mash were pending before various authorities, it appears that Patwari without any authority allegedly created two new village records namely Raidurg Panmaqtha and Raidurg Nou-Khalsa in the place of Raidurg Jagir. As noticed, there were 109 survey numbers in Raidurg Jagir. The land in dispute in Sy. No. 66 along with others was included in Raidurg Panmaqtha as well as Raidurg Noukhalsa. As per the Sethwar and settlement records of Raidurg Jagir, Sy. No. 66 admeasuring Acs. 279.22 gts. is recorded as Government poramboke. In spite of this, Patwari split Sy. No. 66 into two parts: an extent of Acs. 129.30 gts. was entered in the records of Raidurg Noukhalsa and the balance Acs. 149.32 gts. was included in Raidurg Panmaqtha. The land admeasuring Acs. 149.32 gts. was again subdivided in the names of those two persons without any orders of the competent authority. Acs. 100.00 (Sy. No. 66/1) was recorded in the name of Chandni Begum and Acs.29.30 gts. was recorded in the name of G. Sonabai, who is none other than Patwari's mother. Chandni Begum was also brought on record as pattadar in respect of Sy. No. 66 of Raidurg Noukhalsa Village without any valid order.

35. After the decision of the learned Single Judge in W.P. No. 22516 of 1999, the Government considered the representations of various claimants including the legal representatives of Chandni Begum for implementation of supplementary Sethwars and passed orders on 13-11-2001.

36. In the impugned order, the Government concluded that (i) as per the settlement record of Raidurg Village for the year 1323 F. (1913 A.D.), the land in Sy. No.66 admeasuring Acs. 279.22 gts. is poramboke sarkari (Government land); (ii) after abolition of the jagir, the Government issued G.O. Ms. No. 1106, Revenue Department, dated 6-6-1959 to conduct enquiry into the properties held by Khursheed Jahi Paigah and Asam Jahi Paigah under Atiyat Enquiry Act; (iii) the Nizam-e-Atiyat conducted enquiry and by its order dated 28-10-1968 declared Raidurg Village as one of several villages escheated to the Government; (iv) after 1968, Chandni Begum could not claim any rights in any of the villages forming part of Raidurg and the Government never gave any patta assigning any numbers. As per Circular No.22/1321 F. under the authority of Nizam, no Government land could have been assigned without any survey numbers; (v) the sub-division numbers for Sy. No. 66 were assigned without valid assignment and without prior permission of the Government and all the entries made by the Patwari in the Revenue records are not genuine. It is not competent for the Patwari or the Jagirdar to create Revenue Villages and prepare settlement records which can only be done under the orders of the Government There is no bifurcation of Raidurg Village into two villages by the Government; (vi) the Patwari without any valid orders from the competent authority recorded the name of Chandni Begum in respect of an extent of Acs. 45.00 in Raidurg Noukhalsa Village and the name of the Patwari's mother, G. Sonabai for an extent of Acs. 29.30 gts, in Raidurg Noukhalsa and Acs. 15.00 in Raidurg Panmaqtha Village; (vii) after the death of Jagirdar, Dilwarbee, Chandni Begum sought succession and the same was dismissed by the concerned Deputy Commissioner. The same was ultimately referred to Nizam-e-Atiyat who submitted to the Nizam recommending for grant of succession, but no final decision was taken by the Nizam till the merger of jagirs into Diwani in 1358 F.; (viii) on a representation made to the Revenue Minister, the patta granted to Chandni Begum was cancelled and she challenged the same in W.P. No. 166 of 1957 and no orders are produced before the Government as to the result of the said writ petition; (ix) Chandni Begum filed a suit for declaration of title and possession and ultimately filed Second Appeal No. 469/4 of 1354 F. unsuccessfully; (x) though Chandni Begum died in 1981, her legal representatives did not file any appeal, but only sought implementation of supplementary Sethwars; (xi) the land in Sy.No. 66 is a Government land and there is no necessity for implementation of supplementary Sethwars which are incorrect and unwarranted.