Mir Mohammed Ali Baqueri v. The State Of Telangana

Petition under Article 226 o'( the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent's No.2 and No.3 in not disposing my representation of and not mutating the Land Adm Ac. 144.05 Gts situated at Mohammed Shapur, Sanga Reddy District, as illegal, arbitrary and violative of the principals of natural justice, and to direct the respondents to consider the representation in accordance with law and to mutate our names in the Revenue Records towards the property allotted to us. lA NO: 1 OF 2025 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 direct the respondents to Forthwith consider and dispose the representation dated 15-05-2025,0S-O7-2025 pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI THOMAS JOSEPH LLOYD Counsel forthe Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER :^ HONOURABLE SRIJUSTICE B. VIIAYSEN REDDY WRIT PETITION No.24085 OF 20ZS ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not disposing of his representation for mutation of the land admeasuring Acs.144-05 guntas, situated at Mohammed Shapur, Sanga Reddy District, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Thomas Joseph Lloyd, leamed counsel for the petitioner; Mr. L.Ravinder, leamed Assistant Govemment Pleader for Revenue, appearing for respondents No.2 to 4; and perused the material on record.

3. It is claimed that Ms. Khairunnissa Begum (late), the grandmother of the petitioner, was the daughter of Mr. Mir Mohammed Ali (late), who was the officer in the Govemment of H.E.H. Nizam. That during the lifetime of Mr. Mir Mohammed Ali, the H.E.H. Nizam allotted land admeasuring Acs.144-05 guntas, situated at Mohammed Shapur, Sanga Reddy District to him in lieu of his dedicated service. After the death of Mr. Mir Mohammed Ali, Ms. Khairunnissa Begum lt' I 2 (late), the grandmother of the petitioner, inherited the subject lands; later, the subject lands were declared as private patta lands. It is stated that the confirmation of allotment of the subject lands to Mr. Mir Mohammed Ali (late) was done tfuough execution of Muntakab issued from the Secretary to the Govemment of H.E.H. Nizam. The petitioner and other family members belonging to Mr. Mir Mohrmmed Ali (late) and Ms. Khairunnissa Begum (late) filed O.S. No.52l3 of 2024 on the file of leamed IX Junior Civil Judge, City Civil Court, Hyderabad for declaring them as the legal heirs of Ms. Khairunnissa Begum and the suit was decreed. It is further stated that the petitioner has given several representations to the respondent authorities for mutating his name in the revenue records in respect of the subject lands. That written representation dated 09.07.2025 was also submitted, however, so far, not action has been initiated.

4. Leamed Assistant Government Pleader for Re'venue submitted that this writ petition is not maintainable and liable to be dismissed. The petitioner has approached this Court with fictitiotis documents and there is no authenticity to the copy of the Muntakab filed before this Court. From 1948 to 2025, not even a single document is filed to prove 3 $!r... his ownership in respect of the subj ect lands' It is not stated which statute the Muntakab was issued prior to Independence of and merger of Hyderabad State into Indian Dominion and what is relevant statute to confirm such Muntakab after achieving independ r e in 1947.

5. Learned counsel for the petitioner submitted that all such issues for consideration in the enquiry that may be conducted on 'arise representation submitted by the petitioner' In response thereto, leamed Assistant Government Pleader for 6. Revenue submitted that the question of consideration of petitioner's representation does not arise unless such representation is fited under a relevant statute. Merely because a representation is made' it does not accrue any right to the petitioner' If writ petitions of this nature are entertained, it will open pandora's box and lead to unhealthy litigatioa'

7. Having regard to the submissions made by both the leamed counsel, this Court is of the opinion that this writ petition deserves to be dismissed for want of cause of action' Mere making of representations will not give rise to a cause of a;;; to the petitioner to approach this !-::.- .:::!, E 11 ?tt 4 Ctrrt unless a legal right is established with referent:e to a particular 'i. 'i: stthrte or violation of statutory or constitutionat righrs. The claim of ' thG petitioner is regarding titte for the subject lands admeasuring i ,i ACs 144-05 guntas, situated at Mohammed Shapur, Sanga Reddy District. The revenue records existed prior to I948 have been updated uader the provisions of the Hyderabad Record of Rights in Land Regulation, 1358 Fasli, subsequently under the .{ndhra pradesh '-(Telangana Area) Record of Rights in Land and pattrrdar pass Books Act, l97l and tl.re Telangana Rights in Land and Pattrdar pass Books Ait, 2020. Now, all the earlier statutes have been repealed and the itlLngana Bhu Bharati (Records ofRights in Land) Act,ZO25 has been f eriacted. Not even a scrap of paper/document has b,:en filed by the pgdtioner to show that his name is recorded as pattedar and possessor in respect of the subject lands. In the absence of any revenue record or title documcnt, it would be difficult for this Court to entertain this writ peftion. The writ petition is wholly misconceived and <levoid of merits. t ,+ Aglordingly, the writ petition is dismissed. There shall be no order as to gosts. ,-. :: ., 5 As a sequel thereto, miscellaneous applications, if any, pending in tI this writ petition stand closed ,/B K.SREERAMA MURTHY DEPUW REGISTRAR S //TRUE COPY// To, SECTION OFFICER

1. One CC to SRI THOTVAS JOSEPH LLOYD, Ad 2 Two CCs to GP FOR REVENUE, High Court for the State of Telangana at te [OPUC] Hyderabad [OUT] 3 BSR LS Two CD Copies (ft HIGH COURT DATED:1410812025 _--::_\'. ,/-'__ a,/"r; ''''.i;"t l:'t // -(." . ORDER WP.No.24085 of 2025 I t-: ti. rl"' 0:t iEP 2m DISMISSING THE WRIT PETITION, WITHOUT COSTS ?r- 3\q 1-\