✦ High Court of India · 28 Mar 2025

1 Mohammed [gyazuddin v. 1. state of relanoana

Case Details High Court of India · 28 Mar 2025
Court
High Court of India
Decided
28 Mar 2025
Bench
Not available
Length
1,685 words

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not disposing of Appeal filed by the petitioners vide case No. NA2/52l2021 before the 2nd respondent/chief commissioner of Land Administration, in pursuance of the report of the 3rd respondenuDistrict collector in Lr.No.F3l252412023 dated

10.o8.2023 and as per the directions of this Hon'ble court, as per the provisions of the court of wards Act, 1350 F in accordance with law as illegal, arbilrary, mala fide, without jurisciction and contrary to the provisions of re angana.Area court of wards Ac;t 1 35 0F and the Rures made there under ;rnd consequenry direct the respondents lc, dispose of the appeal filed by the petitionerrs vide Case No NA2/52l202'1 by st.i:fly foilowing the procedure as contempratr:d under law as per the report 01' the rrd respondent dated 10.08.2023 t,r the exient of lands claimed by the petitioners as per raw in the interest of justice. lA NO:1 OF 2025 petition under Sect on 151 cpc praying that in the circumstancres stated in the affidavit fired in sup,rrt of the petition, the High court may be preased to direct the respondents to rlispose of the appear filed by the petitioner:.; vide case No. NA21S2/2O21 befor: the 2nd respondenUChief Comrrissioner of Land Administration, in pursuanr:e of the report of the 3d responde nuDistri,)t corlector in Lr'No F3/252412023 deted 10.08.2023 as per the provisions of the court of Wards Act, 1350F ancl in arr;cordance with law in the interest of justi6r_.. Counsel for the petitioners: SRI K. RAMA KRISHNA Counsel forthe Respondents: AGp FOR REVENUE The Court made the following: ORDER THE HON'BL E SRI JUSTI cE C.V. REDDY WRIT PETIT ION No.9 5O2 of2O25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompa.ryi.rg ,ffrjrrrit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate order, writ or direction more particula-rly one in the nature of writ of Mandamus declaring the action of the respondents in not disposing of Appeal filed by the petitioners yide Case No. NA2/52l2o2l before the 2,d respondent/ chief commissioner of tand Administration, in pursuance of the report of the 3d respondent/ District collector in Lr.No.F3/2s24r2023 dated 10.08.2023 and as per t,.e directions of this Hon'ble Court, as per the provisions of the Court of Wards Act, 1350 F in accordance with law as iltegal, arbitrary, mala fide, without jurisdiction and contrary to the provisions of relangana Area court of wards Act 1350F and the Rules made thereunder and consequently direct the respondents to dispose of the appeal filed by the petitioners vide Case No. NA2|S2/2O21 by strictly following the procedure as contemplated under law as per the report of the 3.d respondent dated 1O.08.2023 to the extent of lands claimed by the petitioners as per law in the interest ofjustice and pass such other order or orders mav deem frt and proper in the circumstances of the case." 2- It is stated that land admeasuring Acs. 325. 13 guntas in survey Nos. 1 to 42 and 44 to 82, situated at Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District is a propert5r of Sir Vicar-ul-Umrah since the year l9O2 AD onwaids, which was held by Mr. Sultan_ul_Mulk, who is the eldest son of sir Vicar-ur-Umrah and the said estate was taken into superintendence of court of wards Act in the year lgso AD through Notihcation No.4485 dated 04.og.1950 and continued till date and subsequently, it was withdrawn uide proceedings dated 1z .r2.rgsg , but due to difference among the successors of sir Vicar-u1-umrah, the Government in exercise of the powers conferred under section 5 of the Andhra pradesh \ 2 CVBR, J W.P.1ro.95o2 of 2025 Areal Cor-tlt of Wards Act, 1350F set aside rie proceedings of the Board of Revenre issued under section 53 of the said Acr published with notification BP Rt.Yl/75O/59 at page T2-TZ in para I of A.p. (iazette No.3 dated 26.01.196 I arrl rhe notihcation issued earlier contirLued under the court of wards Act. It is further stated that the lelgal r-epr :sentatives of Paigah vicar-ul- LImrzLh were recorded as de facto clainrants ol the schedule property to an cxt(lnt of Acs. 134.00 in Survey No.a.3, situated at Rasheedguda Village, ilhamshabad Mandal. It is statecl for c:strblishment of International Airr,ort rr[ shamshabad, said land was accuirecl arr<i award was passed uide Prrc.Nr .Bl56llggg dated 26.10.2oo7 a.cL subsequently published in District (;azette No. 164 dated 13.10.2ooli and tlre petitioners were one of the awa|r1ees. It is further stated that rvhil,: th e above said proceedings are pen ling, one of the legal heirs hzrs filr:d a ''it uid.e o.S.No.47 of 1965i on rhe file of the Additional chief Ju,tge, oir, civil court, Hyderabad and the silid court passed a preliminary d:cree or L 1o.0g. 1979 and final decree procr:,:dings are pending before the se id cc,ur t and in the meanwhile, there q'hs l compromise decree among the heirs ir o.s.No.l2l of 1958 a,d the pettioners also obtained succession proc:ee dings under Indian Successio. Act :n respect of the savings bank ac:ounts. It is further stated that the propt::'t5.' under the court of wards Act, 19 50 is being occupied by unaut:orized persons, the petition,--rs mr Lde several representations arLd arso filed an appeal uid.e case No.rtA2i5?-12021 before the Chief Commission:r of Land Administration/Appellirte .A:_rtl rority under 3 CVBR, J W.P.No.95O2 of 2O25 Section 53 of the court of the wards Act, 1950 stating that lands admeasuring Acs. 325.13 guntas in survey Nos.l to 42 and 44 to g2 have been taken over and the chief commissioner of . Land Administration has appointed coordinator to protect the paigah lands and in spite of the'same, the lalds are not being protected and allowed to encroach. It is further stated that when the said appeal has not been decided by t.I.e appellate authority r.e., 2na respondent herein and the petitioners were constrained to approach this court by instituting a writ petition uid.e w.p.No.24943 of 2021 wherein this court disposed of the said writ petition uid.e tts order dated

21.10.2021 directing the 2'd respondent to dispose of the appeal uid.e case No-NA2 / 521 2027 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of the said order, duly putting all the interested parties on notice and affording them an opportunity of hearing. The grievance of the petitioners is that in compliance of the said order, the Government has called for a report from the 4ft respondent- Tahsildar and the Tahsildar has submitted a report dated. 24.02.2023 uide Lr.No.B/ 180/2023 and the 3'd respondent-District collector also submitted a report to the chief commissioner of Land Administration dated ro.og.2o23 uide Lr.No.F3 /2524 /2023 to take further action, but no action has been \ taken till date. Hence, the present writ petition.

3. Primo facie, it appears that the respondents have not complied with the order dated 21.10.2021 passed by this Court in W.p.No.24942 of 2O2l wherein this Court directed to dispose of the appeal uide Case { I 4 CVBR, J V/. E'.lt o 9502 of 2025 No.NA2l52l2O2 I wittrin a period of six months and s;incr: it rs stated that the 4ft respondent-Tzr I sildar has submitted a report datecl 24 OT.2023 uide Lr.No.B/ 18O120.23 z nd the 3.d respondent-District Ccllrc or has also submitted a report to the chief commissioner of Land Adminir rtration' dated IO.OB.2O23 uide Lr.Nc.F3 1252412023 to take further ,1ctior,, ;ut no action has been taken r.i1l drLr.e by the respondents, ends of justic,:: u,c uld be met if the 2nd responde::tt-a tpellate authorit5r is directed to ctisposr: rl Lhe appeal uide Case No.NA2/ 52 I 2O2 1.

4. Accordingly, the Writ Petition is disposed or- ,li1661ing 11-r. appellate authority i.r.., 2"d respondent to dispose of the app,,:al filed by the petitioners uide Oase \ro.NA215212021 within a period of thr.,:e (03) months from the date of recei rt of a copy of this order. It is m:rde clea: that even if the petitioners ()r respondents request the appellate autlto; ity to grant further time, the 2,,d r:spondent shall conclude the en,luiry rrr d dispose of the appeal uide C'ase Yo.NA2l52l2021 as per the time sr.ipu ared by this Court in this order. Miscellaneous applications pending, if any, shall star: ci c.osed. There shall be no order ets to costs. //TRUE COPYII SD/-A. SRINI'r'ASA REDDY ASSISTANI REGISTRAR SECTION OFFICER

1. The Principal Secretary Revenue Department, State cf Telangana, Secretariat, Hyde rabad.

2. The Chief Comm sisioner of Land Administration, Telan'iJana, HyCerabad. 3. The District Collector, Ranga Reddy District. 4. The Tahsildar, Stramshabad Mandal, Ranga Reddy District 5. One CC to SRI K RAMA KRISHNA, Advocate [OPUC] 6. Two CCs tc, GF for Revenue, High Court for the lltate of Telangana at Hyderabad lOUl l

7. Two CD Cooies $ .\ To, i,C, v )c h: .T (t t: i- s t- t\ ,r Ii':-'\'.., c{ i: ;j t," HIGH COURT DA'IED:11810312025 ORDER WP.No.9502 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {

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