Aurangabad, Oct 9:
The adhoc district judge V M Sundale has rejected an appeal challenging the decision of Aurangabad's joint civil judge (senior division) and requesting to issue an injunction order in connection with the dispute of land near the heritage monument Bibi Ka Maqbara.
Background of principal claim
The plaintiff Jairaj Pande filed a request in the civil court stating that he is 'pattedar' through legal heirship of 88 R (8800 square meters) land bearing city survey number 172 and CTS No. 1635. The land is near Maqbara and since the Nizam regime, the land was with his ancestors. Hence he requested the court to issue an injunction order prohibiting ASI from interfering in the land and his possession.
ASI through Adv Ramdas Bhosale registered opposition to Pande's claim. It mentioned that the heritage monuments and the land adjacent to them were handed over to the ASI in 1951. Later on, in 1971, the Hyderabad Tenancy Act was scrapped and The Ancient Monuments and Archaeological Sites and Remains Act came into existence. Hence the land is registered in the name and ownership of ASI in the land record's Property Registration (PR) Card and inquiry register since then. The plaintiff is an encroacher, stated the ASI. After completing the hearing process, the joint civil judge dismissed the request made by Pande on July 29.
Appeal in District Court
Pande then appealed against the above decision in the District Court. Pande had claimed that he would be sustaining an irreparable loss if the injunction order is not issued. However, the court did not interfere in the order given by the joint civil judge and therefore, dismissed the plea on October 5. The order was given on technical grounds.