High Court · 2025

'.REspoNDENTs of lndia pravins that in the the High court may be one in the nature of and Sth respondents r"r"''wrth' "o'"' "' te lands of the petitioners Ac'27'21 *"'*":t:1;t lffi :: "fl-1t nd 5 1 admeasurins re, Kosgi Mandal, Narayanpet o'"'':t^.::, . .,'' '**"'' i11':;*:,1Jr]:j::";:i'-l * the Honble High constitution 'n" 13446 ot 2oz3 'v,'P'No and consequen.v in pursuance "t ""^:"::":;',n" n"" o'" High court orders, dated 18 05'2023' lltn" t'o respondent to complete the enquiry ::" ;.;" ;,;, 22t2023, r::.JxJl r'n: direct , .,dia rnitiated per the

2023. IA No: 1 OF 2025 the H Petition under Section 151 CPC PraYing port of the Petition' ot to take any coercive red sale deeds of the Petitione 27.21 gls situated at Village r.turrYrnP"t District' Pending in the affidavit fited in sup direct the resPondents n cancellation of the registe Ac' and 51 admeasurirrg Village, Kosgi Mandal' Petition ' steP stated t in the circumstances Court may be Pleased s including surveY and rs in SY Nos'19' 20' 50 Shivar of Mukthipahad finalization of the Writ Sr. COUNSEL' REP' FOR counser for the Petition"' 3[l'r*-JSXASilill' counser ror the Respondent No'1' t .o t' cou nse r ror the Res pondent N o'2: lElffJH&Fftut 3E I$[mti'#^[B ^' The Court made the fotlowing: ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY I ORDER: WRIT PETITION No.7346 of 2025 It is stated that the petitioners are the owners and possessors of the agricultural land admeasuring Acs.27.21 guntas in Sy.Nos. 19, 20, 5O and 51 of Mukthipad Village Shivar, Kosgi Mandal, Narayanpet District, having purchased the same through different registered sale deeds. It is further stated that aftcr conducting enquiry under the provisions of the Telangana. Abolition of Inams Act, 1955 and the Rules made thereunder, Occupancy Rights Certilicate uide Proceedings No.A/1975/78, dated 1O.O8.1978 has been issued in favour of the ancestors of the petitioners' vendor and pattadar passbooks and title deeds have been issued in their favour as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 7971 and the Rules made thereunder. The grievance of the petitioners is that the respondent authorities are making efforts to dispossess the petitioner from the subject land on the ground that the said lands are Waqf lands..

2. Considered the submissions of Sri Jalli Kanakaiah learned Senior Counsel representing Sri Narendar Jalli, learned counsel for the petitioners; Sri L.Ravinder, learned Assistant ) CVBR. J Wp 7346_2025 Government Pleader for Revenue appearing for respondent Nos.1 and 3 to 5 and Sri Farhan Azam Kk.an, learned Standing Counsel appearing for respondent No.2 and with their consent, this rvrit petition is being disposed of at the admission stage.

3. Sri Jalli Kanakaiah, learned Senior Counsel, vehemently contended that since the respondents have made efforts to dispossess the petitioners stating that the subject lands are Waqf lancls, the petitioners were constrained to file W.P.No.13446 of 2023 and by an order, dated 18.05.2023, this Court directed the District Collector to conduct an enquiry and in pursuance of the said order, enquity has been initiated by the District Collector and the same is pending for filing of the reports. lrarned Senior Counsel further submittecl that pending finalization of the enquiry, respondent No.2 has addressed a letter to respondent No.5 to conduct a survey and dr:marcation of the lar-rds forming part of Sy.Nos. 19, 20, 5O arrd 51 admeasuring Acs.27.2l guntas. Learned Senior Counsel further submitted that under the guise of conducting survey of the subject land, the revenue and Waqf officials are making efforts to dispossess the petitioners from the subject land and in 1 - // , I ) CVBR, J Wp_7346_7025 fact, the petitioners havc been in possession of the subject property by raising paddy and other dry crops.

4. Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent No.2, vehemently contended that there is a dispute with regard to issuance of the Occupalcy Rights Certifrcate in favour of the ancestors of the petitioners' vendor and consequential entries made in the revenue records and unless the said dispute is decided, the petitioners are not entitled to. claim that they are in possession of the subject property. Learned Standing Counsel further submits that the survey being conducted by the respondents is only with regard to fixation and localization of the subject lands and the said survey does not take away the right of either of the parties except localization of the subject property.

5. Admittedly, the petitioners have frled W'P'No' 13446 of 2023 and this Court, by an order, dated 18.05.2023, directed the respondents therein to consider the objections ofthe petitioners and pass appropriate orders in accordance with law, as expeditiously as possible' preferably within a period of four (04) weeks from the date of receipt of copy of this order, after giving a fair opportunity of hearing to the petitioners and commudcalo tie same to the petitioners. Pursuant to the said order, ,!, 4 CVBR, J Wp_7346 2025 enquiry has been initiated by the District Collector to identifr and localize the lands, which are in possession of the petitioners whether they belong to Waqf Board or to the ancestors of the petitioners' vendor. If the survey is conducted in terms of the request made by respondent No.2, the same does not take away or create any right for either of the parties. Further, even in the survey it is found that the subject lands are Waqf lands, the respondent authorities have to follow the procedure under law and they are not having any power or authority to dispossess the petitibners from the subject land.

6. In view of the settled position that the survey does not create any right to either of the parties, this Court deems it appropriate to dispose of this writ petition, directing the petitioners to cooperate with the revenue and Waqf officials for conducting survey and even in the survey, if it is found that the petitioners are in possession of the subject property claimed by the Waqf Board or the Government, the respondent authorities i.e., revenue and Waqf officials have to follow due procedure for eviction of the petitioners. It is needless to observe that except by following the due procedure under law, the respondent 5 CVBR, J wp_7346)025 authorities are not having ary power or authority to dispossess the petitioners from the subject land.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. B. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- T TIRUMALA DEVI A T REGISTRAR ASSI E TION OFFICER Hyderabad, State of Telangana'

3.TheDistrictCollector,NarayanpetDistrictatNarayanpet.

1. The Principal Secretary' Revenue Department' Secretariat Buildings' , ffi , f B"j,r?;S,,,ll:", 3jl[: ilr:',Trt t a state w a qr B o a rd' H ai H o u s e' o p p 4. The Revenue Divisional Officer' Narayanpet Revenue Division' Narayanpet 5. The Tahsildar -cum- Sub- Registrar' Kosgi tr/andal' Narayanpet District' 6. One CC to SRI NARENDAR JALLI' Advocate [OPUC] 7. One CCto SRI FARHAN AZArvl KHAN' SC FORWAOF BOARD IOPUCI a Two CCs to GP FoR REVENUE, High Court for the State of Telangana at District. HYderabad [OUT] ) To, o BSR GJP Two CD CoPies $ / : HIGH COURT DATED: rlA3l2025 ORDER WP.No.7346 of 2025 ./,t' 1*e sra t O ll 4 filn zoz5 C, .l' ) )) DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 4 0{.' l{