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WP No. 8452 of 2002

11. The petitioner is son of G. Hanumantha Rao, who had earlier filed W.P. No. 17428 of 1999 challenging the orders of the Joint Collector, dated 21-6-1999. It is alleged by him that his grandmother Sonabai was the pattadar of the land in Sy. No. 66/3 admeasuring Acs. 29.30 gts. situated at village Raidurg Noukhalsa and the land in Sy. No. 66/2 admeasuring Acs. 15.00 in village Raidurg Panmaqta. The other averments and allegations need not be referred to as they are on same lines as in the other writ petitions.

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.