Sri Mohammed-Anryar A]i v. 1. T.he.State-of Telangana

4. The Tahsildar, Sangareddy Mandal, Sangareddy District Telangana. 5. Sri Mohammed Aslam AIi, S/o Late Mohammed Ali aged about Sb years, Occ. Not known Rl/o lsmailkhanpet Village, Sangareddy Tdlangana.

6. Sri Shaik Abdul Raheem, S/o Shaikh Abdul Kareem, aged about 50 years, Occ. Not known Rt/o lsmailkhanpet Village, Sangaredd! Telangana. ' .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass any order or orders, more particularly in the nature of writ of Mandamus, declaring the action of Respondent No.4 herein in causing the mutation of the title and issuing patta passbooks bearing Nos. T0923009 2234 and T09230092235 over the subject property bearing sy. No. 424, lo lhe extent of Ac. 2 - 38 Gts. situated at Rana Nagar, lsmailkhanpet Village, Sangareddy Mandal and District in the favour of the respondents No. 5 and 6 herein, in furtherance of the open fraud played by them, without conducting any enquiry or issuing any notice and acting against the revenue laws of the land and lslamic Law of lnheritance, as arbitrary and against the principres of naturar justice, setting aside the same and consequentry direct the Respondent No.4 to immediatery conduct a renewed enquiry and issue fresh patta passbooks over the subject property in the favour of the bona fide regar heirs of the father of the petitioner herein. l.A.NO:1 OF 2024 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to suspend the pattadaar passbooks of the respondents no. 5 and 6 bearing No.s T09230092234 and 109230092235 issued over the property bearing Sy. No. 424, to the extent of Ac- 2 - 38 Gts. situated at Rana Nagar, rsmairkhanpet Viilage, Sangareddy Mandar and District beronging to the petitioner,s deceased father and direct the respondent No. 4 herein to initiate a fresh enquiry over the sucession of the subject property in accordance with the section 6 of rerangana Rights in Land and Pattadaar Passbooks Act 2020 pending disposar of the above writ petition. l.A.NO:2 OF 2024 Between: sri Mohammed Anwar Ari. S/o Late Mohammed Ari, aged about 47 years, occ:Auto Driver, RYo 3-1 6/1 , RANA Nagar tsmaitkhi"p"tVirrdg": Si.gii"OJvl ""'" AND .....PETITIONER '1 . The state of reranqana, Rep. by.its principar secretary, Revenue Department, Having office at Secretary ni HyOeiaOaO.

2. The District Coltector, Sangareddy District, Sanga Reddy, Telangana. 3. The Revenue Divisionar officer, Sangareddy Division Sangareddy District Telangana.

4. The Tahsildar, Sangareddy Mandal, Sangareddy District Telangana. 5' sri Mohammed Asram Ari, s/o.Late Motrammed Ari aged about 55 years, occ. 6. Sri Shaik Abdut Raheem, Not known Rl/o lsmaitkhanpet Village, Sa;glr;dy't "rrngrnr. Shaikh Abdul Kareem, aged about 50 years, ,--'"' Occ. Not known R:/o tsmaitkhanpet Vittage Si;gai"OOi f"funqJn* -S/o ...,.RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the proposed respondents No. 7 to 11 as herein as the respondents No. 7 to 11 in the WP No. 24701 of 2024. l.A.NO:1 OF 2025

1. Sri Mohammed Aslam Ali, S/o Late Mohammed Ali aged about 55 years, Occ Not known Rl/o lsmailkhanpet Village, Sangareddy Telangana.

2. Sri Shaik Abdul Raheem, S/o Shaikh Abdul Kareem, aged about 50 years, Occ. Not known Rl/o lsmailkhanpet Village, Sangareddy Telangana. .....PETITIONERS/RESPONDENTS NOS.5 & 6 AND '1 . Sri lt/ohammed Anwar Ali, S/o Late Mohammed Ali, aged about 47 years, Occ ; Auto Driver, R/o 3-16/1 , RANA Nagar Ismailkhanpet Village, Sangareddy .....WRIT PETITIONEFI/RESPONDENT NO.1

2. The State of Telangana, Rep. by its Principal Secretary,Revenue Department, Having office at Secretary At Hyderabad.

3. The District Collector, Sangareddy District, Sanga Reddy, Telangana. 4. The Revenue Divisional Officer, Sangareddy Division Sangareddy District Telangana.

5. The Tahsildar, Sangareddy Mandal, Sangareddy Diskict Telangana. ....,RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in WP No.24701 of 2O24 dated 06.09.2024 and dismiss the Writ Petition with exemplary cost. Counsel for the Petitioners : SRI MOHAMMED ABDUL WAHAB Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.S & 6 : SRI A.NAJEEB KHAN The Court made the following ORDER I t THE HON'BLE SRI JUSTICE C .V.BHASKAR REDDY WRIT PETITION NO. 24701 of 2024 ORDER: This writ petition is filed seeking to declare the action of respondent No.4 in causing mutation of title-and issuing patta passbooks bearing Nos.TO9230092234 and T09230O92235 over the subject property bearing Survey Nos.424, to an extent of Ac.2.38 guntas situated at Rana Nagar, Ismailkhanpet Village, Sangareddy Mandal and District in favour of respondent Nos.S and 6 herein, as iltegal and arbitrary ald for other appropriate reliefs. It is stated that the petitioner,s father was the owner and possessor of l:rnd admeasuring Ac.9.06 guntas, situated at Rana Nagar, ismailkhanpet Village, Sangareddy Mandal and District, having inherited the same from his father as per the customs prevailing in Muslim Law. It is further stated that the petitioner's father is having two daughters and three sons, two of whom are the petitioner herein and respondent No.5 herein, who is not the biological son. The grievance of the petitioner is that despite the same, after the death of his father, respondent No.S along with respondent No.6, without any intimation to the petitioner and by making a false claim that respondent No.6 is ) the biological son of the petitioner's father, not only obtained illegal succession proceedings but also mutation proceedings in their favour. Learned counsel appearing for respondent Nos.5 and 6 strenuously contended that during the lifetime of the petitioner's father he execute d a Oral Hiba in favour of respondent Nos.S and 6 as permissible under Muslim Law; subsequent\, basing on the said Hiba, after conducting enquiry, the respondent authorities have rightly mutated the names of respondents Nos.5 and 6 in the revenue records and issued pattadar pass books in their favour as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act; since then, respondent Nos.5 and 6 are in enjoyment of the said property; despite the same, the petitioner by making false and baseless allegations and disputing that respondent No.6 is not biological son of the petitioner's father, hled the present writ petition challenging the succession proceedings and the consequential mutation proceedings issued in their favour; and as such, the petitioner is not entitled to any relief in the present writ petition. Considered the submissions of the learned counsel for the parties and perused the record. \- -.-r I I The issues that arise for consideration in this writ petition are whether respondent No.6 is the biological son of petitioner's father and u'hcther the Oral Hiba alleged to have been executed by petitioner's father in favour of respondent Nos.5 and 6 is genuine or not, which are required to be adjudicated by a competent C'ivil Court in a properly institUted in a civil suit and this Court '"r,hile exercising jurisdiction under Article 226 of the Constitution of lndia cannot decide the same. Therefore, this Court without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition, by relegating the parties to approach the competent Civil Court to adjudicate their claims, in accordance with law. The u,rit petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed. Tht:rt: shall be no order as to costs. //TRUE COPY' I SD/.T. TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER To -6.ry-I SA tsS

2. 3. evenue Department, Having office at Secretary erabad.

1. The Principal Secretary, R State of Telangana at Hyd The District Collector, Sangareddy District, Sanga Reddy, Telangana. The Revenue Divisional Officei", Sangareddy Division Sangareddy District Telangana. The Tahsildar _Salqag!!1|\ll.q1Oat, Sangareddy District Tetangana. Two CCs to GP FOR REVENUE, High Court foithe State of Tdlangana at Hyderabad. [OUT] One CC to SRI MOHAMMED ABDUL WAHAB, Advocate tOpUCj One CC to SRI A.NAJEEB KHAN, Advocate tOpUCl Two CD Copies

4. 5. H 1ii e st rre ( O 2 7 t'lAY 2025 c {' t O€ SP'\T HIGH COURT DATED:1610412025 ORDER WP.No.24701 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. o*fi^+