High Court · 2025

District Registrar, Jangaon, Hanamkonda District, Telangana. Sub - Registrar, Jangaon District, Telangana. Sri Mohan Rao, S/o. Not .known to the Petitioner, Aged about Major, Occ 4 "Of Evacuee 'lnterest Advocate, (Competent Officer appointed U/sec. Separation Act, 195'1), Office at 3- 6- 4421A, Street No. 5, Himayat Nagar, Hyderabad. . ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass appropriate writ / order or Direction, more particularly a writ of Mandamus declaring the inaction of the Respondents herein in not considering the representation dated 27-03- 2024, dispatched on 30- 03- 2024, as arbitrary, unjust and against Article 3004 of the constitution of lndia and to consequenfly directing the Respondents herein to complete proceedings pending under the repealed Evacuee Interest (Separation) Act, '1951 vide Application No. 0.1 of 2000, to address tl're unresolved issues concerning lanrls in Sy. No. 12211 measuring Ac. 10 - 21 gts., Sy. No. 396/2 measuring Ac. 1 - 16 gts. , Sy. No.438 measuring Ac. 17 - 22 gts., and Sy. No. 396/4 measuring A,;. 13 - 20 gts. , which were not included in Registered Sale Certificate vide Cast: No. 280155-544157- 48, dated 17- 12- 1962. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the lircumstances stated in the affidavit filed irr support of the petition, the High Cot rt may be pleased to direct the Respondernts not to proceed with any mutati(,ns or alter revenue records in respect of lands delineated in Sy. No. 12211 rnea;uring Ac. I0-2'1 gts., Sy. No. 396/2 measuring Ac. 1 -'16 gts. , Sy. No. 438 mear;uring Ac. 17-22 gts., and Sy. No. 396/4 measuring Ac. 13 - 20 gts. , until perrding disposal of the present Writ Petition. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the lircumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to restrain the Respondents from creating any third party inter,)st whatsoever in the lands in Sy. No. 12211 measuring Ac. 10 - 21 gts., Sy. No. 396/2 measuring Ac. 1-16 gts., Sy. No. 438 measuring Ac. 17 - 22 gls., and Sy. No. 396i4 measuring Ac. '13 - 20 gts., until pending disposal of the present Writ Pr:tition. Counsel for the Petitioner: Ms. ANCHAL SHARMA, REP. FOR SRI NIKUNJ DUGAR Counsel forthe Respondent No.1 to 7: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.lO3 6a of2024 ORDER: Heard Ms. Ms.Anchal Sharma. learned counsel representing Mr.Nikunj Dugar, learned counsel for the petitioner and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. l to 7.

2. This writ petition is filed seeking following relief: "... to issue a writ in the nature of a writ of mandamus or any other appropriate writ direction order or orders declaring the inaction of the Respondents herein in considering the representation dated 27 .O3.2024, dispatched on 30.O3.2O24, as arbitrar-v, unjust and aga-rnst Article 30OA of the Constitution of India and to consequently directing the Respondents herein to complete proceedings pending under the repealed Evacuee Interest (Separation) Act, 195i uide Application No. I of 2OOO, to address the unresolved issues concerning lands in Sy.No. 122/ 1 measuring Ac. 1O-21 gts., Sy.No.396/2 measuring Ac.1.16 gts., Sy.No.438 measuring Ac.17.22 g!s., and Sy.No.396/4 measuring Ac. 13-20 gts., which rverc not included in Registcred Sale Ccrtih<:ate vide Case No. 28O I 55-544 /57 -48, da|ed 17 .12.1.962 :rnd to pass ..."

3. It is stated that one Smt.Saleha Fatima, D/o Muneer Ahmed is the rightful orvner of various extents of lands in Kundaram, Bekkal, Samudrala, J:rngaon, Mettur ald Madur (Known as China Madur), Singarajpalli, Bahiripalli, .t- \ Pakhal, Palakurthi, Irrevenu, Mutharam, Ippuguda and Raghunathpa-lli and other parts of Janllaon Ta-luk of Waralgal District, which originally belongerl to Nooruddin Hasan alcl Saifuddin Khalid, who are the sons of Muneer Ahmed and brothers of Smt.Saleha Fatima Begum and they were rnigrated to pakistan after the partition of India, while the said Smt.Saleha Fatima Begum remained in India. It is further stated that the said pl operties were classified as Evacuee properties under the provisions of Evacuee Interest (Separation) Act, 1951 (for short, the Act, 1951) ald the same r.vere under the custody of a Competent Officer, who was appointed under the Act, 1951. La.ter, the Competent Officer conducted the sale of said properties under Section 1O of the Act, 951 and the said Smt.Saleha Fatima Begum acquired the subject properties under registered sale certificate ir;sued under case No.28o,t 55-544/57_48, dated 17 12.1962 on payment of Rs.38,415rt-.

4. It is fur.ther stated that the said Smt.Sateha Fatima Begum has passed away on 2Z.06.19g7 witho rt asserting {[--."p."".rr.tation or claim concerning th: lands in Sy.No.122/ 1 to an extent of Acs. 10.21 gts., Sy.No.396/2 to arr extent of Ac. 1.16 gts., Sy.No.438 to an extent of Acs.17.22 gts., and Sy.No.396/4 to an extent of Acs.13.20 gts., (subject properties) as not included in the registered sale certificate, dated 17.12.L962. It is further stated that the legal heirs of the said Smt.Saieha Fatima Begum submitted a representation to the Custodian of Evacuee Property and the Secretar5r to the Commissioner of Survey, Settlements and Land Records, Hyderabad, on 05.11.1988 with a request to allot the subject properties to them in view of blatant omission in the registered sale certifrcate dated 17.12.1962. After conducting an inquiry, the Custodial of Evacuee Property ald the Secretary to the Commissioner of Survey, Settlements and Land Records, Hyderabad, a-fhrmed the ownership of the said Smt.Saleha Fatima Begum over the subject properties and also directed the revenue authorities to revise the ownership records in favour of the legal heirs of the said Smt.Saleha Fatima Begum uide cirder, dated 06.O5.1989 in C.SS & LR EP2l765/88. <- 'r'"'- *,.iiflls- ,., i8-.i}*ft*r. ' x1 - 5 It is stated that with al intention tc g,rab the subject properties illegally, some third par.ies have filed W.P.Nos.9229 and 933g of 1989 questioning the order dated 06.05. 1989 in C.SS & LR Ep2l765/B and the learned srngre Judge of this court dispor;ed of the same uide comnon order, dated 01.I1.1999 que sl_ring the order impugned therein and a_llowed recourse r o a designated Competent Officer under Section 4 of the Ac t, I 95 1 . 6 Clhallenging order, dated the said common 01.11.1999 in W.p.Nos.9229 and 9338 of 989, the legal heirs c,f the said Smt. Saleha Fatima Be;5u.m preferred appeals uiJe W.A.Nos. 133 and 245 of 2O )O before the Division Br:nch of this Court and during ihe course of hearing, the Division Bench directed the appellants therein to approach the Competent Officer, who was appointed by the State Government under Sectio n 4 of t. re Act, 1 95 1 uide G.O.Ms.No.1O42, Ren (L.A.) Departrnent, dated 16.1 1.7991 zrnd accorclingly, the appeals were lismissed. In c:ompliance with the direction of thirr Court, the heirs of the said Smt.Sa_leha Fatima llegum 7 tEga made an application uid.e Application No.l of 2000 dated

28.03.2000 before respondent No.B - Competent Officer requesting to allot the subject properties to them' In the said application an Interlocutory Application uide I'A'No' 1 of 2OO2 was also filed on 19 -O7 .2OO2 seeking a direction to revenue authorities not to mutate the names of the unoflicial respondents in the revenue record and prohibit the unofficial respondents from making any alterations to the nature or physical features of the subject properties' After hearing extensively, respondent No'8 - Competent Oflicer directed both the parties in I'A.No' I of 2022, dated lg.O7.2OO2 to maintain Slafus quo in all respects until Application No.1 of 2OOO is resolved.

8. The grievance of the petitioner is that even after lapse of more than 25 years from the date of filing of Application No.1 of 2OOO, it is not decided and in the meanwhile, the Act, 1951 was repealed' Therefore, the petitioner prays this Court to direct the respondent authorities to complete the proceedings in Application No.l of 20OO in respect of the subject properties and pass appropriate orders' i' I i--::_ ;l*88i&" *r&3&.Abryds'- GKs&e- x

9. Ms.A.nchal Sharrn2, learned couns( I representing Mr.Nikunj Dugar, learned counsel for the pr:titioner, has vehementl.,r contended that in terms of the orders passed by this Corrrt the lega1 heirs of the said Smt Sa_leha Fatima Begum have filed Application No.l of 2OOO before responclent No.B - Competent Officer for is;uance of sa_le certificate under the provisions of the Act, I 9151 and a_lso filed I.A.No. 1 of 2OO2, wherein, the Compete rrt. Officer uide its Order ctated 19.07.2OO2 granted Status quo directing the Mandal Revenue Officer, Jangaon, not _o mutate the names of re'spondent Nos.4 to 13 in the said application in the revenue record and protected the prtperties from alienation until further orders. Learned cornsel further contended that even after decades, no sale r ertificate has been issuecl by the competent officer in f ar,.our of the petitioner rnuch less disposed of .his app lir:ation vide I.A.No.1 of !)O0O and this lethargic attitude on the part of the revenue authorities not only violates the rights of the citizens under Article 3OOA but also violates .Articles 14 and 27 of Constitution of India. Learned corrnsel further 'l . --i{i&rr&X*in: .-- llnqry'--- . I 7 submits that by contesting the litigation all these years, two generations have lost their rights and this is the third generation and they are also contesting the litigation for enjoyment of the fruits of the sa.te certificate. Therefore, learned counsel prays this Court to direct the respondent authorities to decide the a_foresaid application filed by the petitioner.

10. Mr.L,Ravinder, learned Assistant Government pleader for Revenue has not disputed the application submitted by the legal heirs of the said Smt.Saleha Fatima Begum in compliance with the directions of the Division Bench in W.A.Nos.133 and 245 of 2000. He submits that uid.e order dated 19.07.2OO2 tn I.A.No. I of 2OO2 in Application No.1 of 2000, the Competent Officer gralted al interim order to maintain Stafus quo existing over the subject properties. Learned Assistant Government pleader seeks further time for disposal of the application pending on the file of the Competent Oflicer appointed under the Act, l95 l. 1 1. Prima facie, it appears from the record that the petitioner is claiming his right over the subject properties -1 x,l - and also for issuarce of the sa-le certifica _e to that effect. The Displaced persons (Claims) Supplemenrarv Act, i954 (Act No. 12 of 1954) was enacted to addr:ss the pending proceedin gs related to claims filed by disrplaced persons Displaced persons (Claims) Act, 19S0. It primar-ity aimed to facilitate the verificatic n of unverified claims and the disposal of revision applications that were left unresolved due to the expiration of the l95O Act. under the 12- Even after lapse of more than .,s ).ears, the respondent authorities are not in a positio I l_o issue sale certificate over the subject properties arcl it is very unfortunatc that the petitioner and his pr rdecessors are contesttng the litigations for issuance of r;ale certificate since last rnore than seven decades. It is srated that this Court cluly taking note of the fact that t re Competent Officer wasi appointed by the State Government under Section 4 oj-the Act, l95l ulde G.O.Ms.No. 1C42, Ren (L.A.) Department, dated 16. 11.1gg1, relegated the bgal heirs of the said Snrt.saleha Fatima Begum to hie a_r appropriate application before the Competent Officer fo:. issuance of .ri sale certificate under the provisions of the Act, I951. Even after lapse of more than 25 years, the Competent Officer lailed to decide the same.

13. On a careful examination of the facts, this Court is of the opinion that the ends of justice would be met, if the writ petition is ailowed directing respondent No.B _ competent officer, appointed under Section 4 of the Act, l95i to dispose of Application No.l of 2OOO preferred by the petitioner or predecessor in_interest or legal heirs of the said Smt.Saleha Fatima Begum, who are impleaded in the pending case as parties, within a period of three (03) months from today. Further, since the facts of the case are shocking the conscience of this Court ald the respondent authorities have failed to settle the dispute even after a period of 25 years from the date of frling of the application, this writ petition is liable to be a-llowed with exempla4z costs to be payable by respondent No.B - competent oflicer to the petitioner. 14' At this stage, rearned counsel for the petitioner fairry submitted that costs may be directed to be paid to Sainik :ffir*' 'i, ., \rx Welfare, 1'elangana/Armed Forces Flag Day rund, Telangana, rnstead of the petitioner 15' Accordingry, this writ petition is a-llor.r e<I with costs of Rs.50,000/- (Rupees Iifty thousard only) t,r be payable by respondent No.8 - Competent Officer in favour of the Sainik Welfarer, T,:langana/Armed F.orces Flag Day lrund, Telangana (Accourrt I\1o.5218g926 2zg, state Bank of inrrrzr, Shantinagar Branch, Hl.derabad IFSC: SBINOO 2OOZO) withirr lbur (4) weeks from the date of receipt of a copy of this order.

16. Mr. Nikunj Dugar, learned counsel for the petitioner, who is pr.esent in the Court, has allow,_,d his Junior Advocate to represent a case involving complicated issues. The appreciation to the learned counsel for the petitioner is placed on record. As a sequel, the miscellaneous petitio rs pending, if any, shall stand closed. MEMORANDUM OF COSTS w.P.NO.10368 0F 2024 Costs Quantified by tlon'ble Court (That the respondent No.8-Sri Mohan Rao, Competent Officer herein is directed to pay costs of Rs.50,000/- (Rupees Fifty Thousand Only) in favour of Sainik Welfare, Telangana/Armed Forces Flag Day Fund, Telangana (Account No.52188926279, State Bank of lndia, Shantinagar Branch, Hyderabad, IFSC:SB1N0020070) within four (4) weeks from the date of receipt of a copy of this order. TOTAL -:*r--=-r---*6'*..+- --.i*-*.*5-. ls. Ps. 50,000-00 50,000-00 Contin ued.. . 'l. r.i.:f :' //TRUE COPY// SD/.A,JAYASREE ASSISTANT REGISTRAR ..WKorr,"r* To, - l.TheSecretary,RevenueDept.,Secretalat'Hyderabad,StateofTelangana' 2. The District Collector, Jangaon District, Telangana-. 5. fn" Cni"fbommissioner df LanO Administration (CCLA), Hyderabad' 4. The Revenue Division Officer, Jangaon District, Telangana' 5. The Tahsildar, Jangaon District, Telangana. . -. . . O. fne Oittri"t Ri:gist[r, Jangaon, Hanamkonda District, Telangana' 7. The Sub - Registrar, Jangaon District' Telangana. nio, sl6. No"t known to the Peiitioner, Agq! about Major, Occ ir. siim"t - na'r6irt", (Competent Officer appointed- U/sec. 4 Of Evacuee lnterest i951), office at 5-'a'qqza, Street No' 5, Himavat Nagar' f . i6e S;inliWelfare, Telangana/Armed Forces Flag Day Fund, Telangana' 10. One CC to SRI NIKUNJ DUGAR, Advocate [OPUC] ii.i*" CCi-tJ Cp iOn REVENUE, High Court for the State of Telangana at 'seiirati"h'n"t, Hvderabad. "n Hyderabad [OUT]

12.fwo CD Copies BSR GBR fk !- .,r-.: , la \. ?j.:a.i I 11t '1 /6 15 sEP 206 (, 4/ * o ,-1, ) I '.- .\i-() HIGH COURT DATED:2410612025 ORDER WP.No.10368 of 2024 ALLOWING THE WRIT PETITION, WITH"COSTS ot(il \5 Y,t-.