✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,126 words

7. Tpusggf Quraishi, S/o Late Mr.Rasheed Qureghi, B/o. H.No.B-2-q98/A/A, Road [tIo.12, Baniara Hillg, Hyderabad.

8. Shaik $aleem Ali, S/o. Shaik Mahboob flli, R/o. H.No.9-4-87l6, Toli Chowki, Hyderaliad '

9. Vinod Kumal Pare(, S/o. Vijay $ingh Parek, Rl/o. H.No.5-848, Chirag AIi Lane, Abids, Hyderabad. l0.Rpmnarayan Agarwal, S/o. Govind RamAgarwal, R/o. H.No.11-6-438, Nampally, Hyderabad. ,..,i,,_:. 1'l.Sana $ikandar, D/o. Mohd. SiKandaruddin Ali Khan, R/o. H.No.18-2-4797, Ajmeri Manzil, Falaknuma, Hyderabad

12.Anas Tauseef Quraishi, Sio.Late Tauseef Qureshi Aged about 32 years, Occ Business, R/o.Flat No. 103, H.No.6-1-68/2, Sai Nivas Apartments, Near Lutheran Church, Saifabad, Hyderabad. R12 is impleaded as per C.O.dt. 2?.11.2023 in lA No. 312023. ...RESPONDENTS Petition under l.rticle 226 of lhe constitution of lndia praying that in the stated in the affidavit filed therewith' the High Court may be ntcased to issue Writ. Order or DireCtion, or any other appropriate Order one in the "ir"r-rGnl.. L;;;""'i, ivnri or CenrtoRnnt, after caling for the records declarins the ;;i;; ;i the Respon<lent No-5 issuing orJ$gr vide old case No F3i1027t2o17 iri"O Or.OZ-2021'without issuing any not[be and without givilS il,! findinss I"',iri,.s ;;,[;;"',i;; iated 0B/ \uzrizt pqssed-bv the Respondent No 5 in old No"fy 1027DA17, for the tanJ in Sy-.No 189, admeasljring Ac.19- 08 gts., ""d ur3nOqt.or..$ansdreddv Distript' as illesal' fiir,"iri'zr;;;;;rJ virrg" "r"r" ;;;ii;ry in violation oi piin"iiie. of natuiai iustice and against-the^equitv, and IJnr"qir.ntrv set asirle the'order yi!e- piO cgse flo F3l tZ.OZl fiassed by rhe Respondent No.5 [p respgct of land otated supra :.q27120-17 -O1iOt IANO:2OF 23 Petition under Section 151 QPC prayinq tha!.in ttp circumstances,stated in the affidavit filed in srpport of the'P?ilti-o!t]l^"^llsh Court pav- l-9 p'lgased to ;;.p;il th; Qrder vioe bld c4se 11i.r:rtq?7.t?o1! dated 01t07t2021 p?ssed bv the Respondent No.S i" ..u.p"c=iotllnd in gy.No.189, admeasuring Ac.19-08 gts., 'sangareddv Dislrict' pendine iil;i;";l"t"tl""ouro vittage qti{ Mancial of disfosql of the main !\rit Petitiqn Cosnsg! for the Petitionet: SB!. M A ( MUI(IIFEQ Counsgf for f[e Respondent Nos.l to 9: 9F EoR BEVENUE Counsglfor tle Rell()adgnt l!os.6 tg 11: 1r: Cognsql fo; t[e Rgspon$ent \fo.1]; SRI P' NAGEIIDRA REDDY Thq Court rpade the fr>llowing; ORAFB THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIoI{ t{o.17112 of 2023 ORDER: This writ petition has been filed seeking to declare the action of respondent No.S jn issuing orcler dated OI.OZ.2O2l vide Old Case No.F3/ lO27 /2OIZ without issuing arry notice and without giving any lindings regarding earlier order dated O8.O2.22O1 for the lard in Surwey No.1g0 admeasuring Ac. 19.08 guntas situated atZaheerabad Village and Mandal, Sangareddy District, as iltcgal and arbitrary and to consequently set aside the same. The petitioner claims to be flie adopted son of one Late Vittobaji @ Vittai Rao, who was the original owner and pattadar of land in several survey numbers including Survey No.189 admeasuring Ac.l9.Og.guntas situated at Zaheerabad Village and Malrtal, Saagareddy District. It is stated that after the death of Vittobaji @ Vitta. Rao, the petitioner succeeded to ihe saia property as per the adoption deed and as such he becarne the absolute owner of the subject property. It is statecl that despite the same, when the unofhcial respondents in collusion with each other l I 2 WP.No.1 '112 CVBR. J of 2023 unauthorizedly got incorporated their names in the revenue records, in rer;pect of the said tand, the petitioner was constrained to file a revision petition before the Revenue Divisional officer under section 9 of the Telangana Record of Rights in La:rtl and Pattadar Pass Books Act, 1971' and pending adjudication of the said revision, in view of the fact that the repeal Act has come into force, the said revision has been transferred to the Special Tribunal, Sagareddy District i.e, respondent No.5 herein. The grievance of the petitioner is that even though initially respondent No'S vide order dated 03.O2.ilo2l allowed the revision, subsequently pursuant to the directions issued by this Court in W.P.No. 1023() of 2021, the case has been reopened and disposed of, by observing that the dispute is civil in nature, and hence th: parties are at liberty to get their rights established in ir competent civil court of law' Considerr:d the submissions of the learned counsel for the parties and perused the record. A careful examination of the impugned order would reveal that pursuant to the directions issued by this Court in 3 CVB& J WP-No.l7l l2 of2023 W.P.No. lO23O of 2027, the case was reopened, notices were issued to the parties, arld on elaborate consideration of the contentions of the parties, respondent No.5 while observing that there are serious disputes with regard to the entries - made in the revenue records and various sale transactions took place in respect of the subject land, disposed of the matter granting liberty to the parties to approach the competent Civil Court to get their rights established in respect of the subject land. This Court does rrot find .any legal infirmit5r cr irregularit5r warranting interference under Article 226 of the Constitution of India. Accordingly, the rvrit petition is disposed of granting liberty to the petitioners to avail appropriate remedy before the competent Civil Court, in accordance with law. As a sequel, the miscellaleous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-P. PADMANABHA REDDY PUTY REGISTRAR SECTION OFFICER The Pfincipal Secretqry Revenue Department, Secrdtariat, Hyderabad The District Collector, Sangareddy District, Telangana State The Revenue Divisional Officer, , Zaheerabad Mandal, Sangareddy District, Telangana Stale The Tahsildar, Zaheerabad Mandal, Sangare-ddy Diskict, Telangana 6tate The Special TlibunEl, Sqpgarqddy Dist;'ipl, Telangana S!q19 To, 1 2 J I 5 \ TrI\- I -

6. One CC to SRI M A K MUKHEED Advocate [OPUC] 7. Qne CC to Sri P NAGENDRA REDDY Advocate IOPUCI 8. ]^yv-opaq to GP FOR REVENUE ,High Court for the State of TelangLana' s TI,vo.CF CopipP KK$ BS I 4, \ HIGH COURT DATED:1010312t025 \ ORDER yyp.11o.17112 ot 2023 f --\ 1{ :j o o [9 A?fl M r)i:r.".,,.. * t7 i) )- t'. DISPOSING TI{E WRIT PETITION WTTHOUT COISTS 1

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