High Court · 2025

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 order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the respondents for not considering the Application/Representation daled- 'l2lOBl2O24 made by the petitioner land with regard to Application filed to take an immediate action for illegal construction in Kothi Asafia Patace Situated at Alwal in Sy. No. 1 57 Ranga reddy District, admeasuring 28 Acres 48 Guntas, Building Bearing 5-6-58, 5B/1-1 0' B-2' belonging to Late. H.E.H Nizam Vll Nawab Sir Mir Ali Khan Bahadur, Hyderabad, and also for restoration of the of the land of the petitioner herein in pursuance of the Honorable in W.P. No.360361 2021 order dated 2210712024., And declare the action of the respondents as illegal, arbitrary against the principals of natural 7 justice, against raw, viorations of rures and arso vioration of articre 300_4 of the Constitution of lndia. IA NO: 10 F 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 pleased to direct the respondents for not considering the Representation dated- 12-oB-2024 made by the petitioner rand with regard to Apprication fired to take an immediate action for i'egar construction in Kothi Asafra parace situated at Arwar in Sy. No. .t 57 0f Ranga reddy District, admeasuring 2g Acres 4g Gunl s8, s'/i-10, B-2, beronsins to Late H E.H Nizam "ii;l_ir'3liilT.)lJX; Khan Bahadur, Hyderabad, and arso for restoration of the possession of the rand of the petitioner herein in pursuance of the Honorable High Court in W.p. No'36036/2021 0rder dated 22to712024,pending disposar of the main writ petition. IA NO: 20F 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to fix the date of hearing as expeditiousry as possibre for adjudicating the present writ petition, in the interests of justice. IA NO: 30 F 2024 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to flx the date of hearing as expeditiousry as possibre for adjudicating the present writ Petition in the interest of justice. Counsel for the petitioner: SRt SURESH SHIV SAGAR Counset for the Respondents: Stt SiiEonii iiJriy, spl cp FoR THE ADVOCATE GENERAL The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.27653 OF 2o24 ORDER: This writ petition is filed u'ith the following reliel- '...to po,ss order or orders one it the nature of wrtt of Mo.ndamus declarirg the respondent-s Ior not consideing the th.e action of Application/ Reptesentation ddted 12.08.2024 made bg thp petitioner land with regard to Applicatton Jiled to take ant immediate action for iltegal construction in Kothi Asalia Palace situated at Atwal tn Sg.No.l57 of Ranga ReddA District, admeasuing 28 Acres 48 Guatas, Building Beaing No. 5-6-58, 58/ l-1O, B-2, belongttg tn late H.E.H.Nbam W Nawab Sir Mir \ Ostuan Ali Khan Bahadur, Hgderabad, dnd also for restoration of the possession of the land of the petitioier herein in pursuance ol the Hon'ble High Court in w.P.No.36O36 of 2o2l order dqted 22.07.2024, dnd declqre the action of the respond.ettLs as illegaL, arbitrary ogairLsl the pincipals of naturql just[ce, against law, utolations of rules and also uiolation of article 3OO-A of the Constitution of htdia and to pass such other order or ord.ers as this Hon'ble Coutl mag tleem Jit itt the circunLstances of th.e case'.

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission.

3. It is stated that the petitioner is the great granddaughter/ successor of his Excellency H.E.H. the Nizam VII, Late Nawab Sir Mir Osman Ali Khan Bahadur and granddaughter of Late Waleshan Prince Moazam Jah Bahadur, Hyderabad. It is further stated that after merger of Hyderabad State with the Union of India, in terms of the Agreement, the building known as 'Kothi Asa{ia Palace" admeasuring Acs.28..48 guntas bearing H.No.5-6-58, 58/ 1-1O, 82 situated at Alwal belongs to Late H.E.H. the Nizam VII, late Nawab Sir Mir Osman Ali Khan Bahadur is declared as ) CVBR, J wp 2765)J024 private property and to that extent, entries were made in tsIue Book'. It is stated that even as per the General Land Register of SecunderabadCantonment,thesubjectpropertyisdepictedas Nizam's private property and a certificate was also issued by the Defence Estate Officer, Telangana & AP Circle' Secunderabad uide Irtter No,DEOlAPlCP\OlLOOO/XUI/5, dated 05 o2'2018' It is further stated that the Govemment has taken huge proRerty admeasuring Acs.3O.06 guntas by making untenable claims and the Government gave away six acres of subject land to Bharatiya Vidya Bhavan at a concessional price and it had been using the sameforthelastfewdecadesbypayingrento[Re.1/-peryear.It is further stated that the revenue authorities are deliberately misleading the Courts by making it appear as if there were some IncomeTaxduesofH.E.H.Nizam,Hyderabadandinrespectof those dues the Kothi Asafra Palace was attached' It is further stated that even though nature of the lands held by the then Nizam into the 'Blue Book' is depicted as private property of the Nizam and in terms of the Agreement, the respondent-State is liable to release the properties to the custody of the Nizam or their legal heirs or their successors-in-interest, when the respondents did not take any action for restoration of possession of the subject property in favour ol the petitioner, she was constrained to ltle W.P.No.36O36 of 2021, which in turn was disposed of by this 7 -) CVBR, J w 27653 2024 Court, vide order dated 22.02.2024, by permitting the petitioner to submit a representation to the respondent Government duiy enclosing all the documents and the respondents therein in turn were directed to examine the same in accordance with law and communicate the decision thereon to the petitioner.

4. The grievance of the petitioner is even though she submitted a representation dated 12.Oa.2O24, pursuant to the order p."l.a by this Court in W.P.No.36O36 of 2O27, dated. 22.OT.2O24, seeking for restoration of possession of the subject property, enclosing all the relevant documents, so far the respondents have not taken any aclion for releasing of the property and as such being a royal family member, she is not in a position to survive, as there are no other properties for receiving any returns. entitlement

5. It is evident that this Court, while disposing of the earlier writ petition i.e., W.p.No.36036 of 2O2l vide order dated without expressing any opinion on the right and 22.07.2024, of the petitioner, has disposed of the writ petition directing the respondents to examine the representation submitted by the petitioner in accordance with law arrd communicate the decision thereon to the petitioner. The specific grievance of the petitioner in this writ petition is that even though in terms of the said order passed by this Court, the petitioner has submitted a \ 4 CVBR. J wp?7653 2024 representation dated 12.08.2O24 to th.e concerned, so far no action has been taken thereon

6. Keeping in mind the earlier directions issued b1' this Court 6and after hearing Sri Sreedar Reddy, learned Special Government Pleader appearing for the learned Advocate General, this Court is of the opinion that ends of justice would be met, if respondent No.2 is directed to examine the representation dated l2.Oa -2024 submitted by the petitioner, after calling for a report, if necessary, from the concerned authorities and after providing an opportunity of hearing to the petitioner, and pass a reasoned order and communicate the same to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII SD/.T.TIRUMALA DEVI ASSISTANT REGISTRAR SE FFICER Telangana. Secretariat, Hyderabad, State of Telangana

1. The Special Chief Secretary to Government, Revenue Department, 2. The Principle Secretary, Revenue Department, Hyderabad, State of 3 The Principal.Secretary, General Administration Department, Telangana _ Secretariat, Hyderabad, State of Telangana. 4 I!9,!:1" Secretary,. Union.of tnd,ia, IVfinistry of Home Affairs, North Btock, Uentrat Secretariat. New Delhi-1 10 001_ 5. The District Collector, Hyderabad District, Hyderabad. 6. lhe Revenue Drvisional Officer, Secundera6ad Division, Hyderabad 7. The Tahsildar, Tirumalgiri Mandal, Hvderabad District 8. One CC to SRI SURESH SHIV SAGAR, Advocate IOPUCI 9. ONE CC tO SRI SREEDAR REDDY, SPL GP tOPUCl To 10,Two CCs to THE ADVOCATE GENERAL, High Court for the State of Telangana, at Hyderabad. [OUTI

11.Two CD Copies PSK. LS @ .9 / HIGH COURT DATED:2010112025 \ ORDER WP.No.27653 of 2024 ( H E r 4 O lJ5 F * * DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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 order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the respondents for not considering the Application/Representation daled- 'l2lOBl2O24 made by the petitioner land with regard to Application filed to take an immediate action for illegal construction in Kothi Asafia Patace Situated at Alwal in Sy. No. 1 57 Ranga reddy District, admeasuring 28 Acres 48 Guntas, Building Bearing 5-6-58, 5B/1-1 0' B-2' belonging to Late. H.E.H Nizam Vll Nawab Sir Mir Ali Khan Bahadur, Hyderabad, and also for restoration of the of the land of the petitioner herein in pursuance of the Honorable in W.P. No.360361 2021 order dated 2210712024., And declare the action of the respondents as illegal, arbitrary against the principals of natural 7 justice, against raw, viorations of rures and arso vioration of articre 300_4 of the Constitution of lndia. IA NO: 10 F 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 pleased to direct the respondents for not considering the Representation dated- 12-oB-2024 made by the petitioner rand with regard to Apprication fired to take an immediate action for i'egar construction in Kothi Asafra parace situated at Arwar in Sy. No. .t 57 0f Ranga reddy District, admeasuring 2g Acres 4g Gunl s8, s'/i-10, B-2, beronsins to Late H E.H Nizam "ii;l_ir'3liilT.)lJX; Khan Bahadur, Hyderabad, and arso for restoration of the possession of the rand of the petitioner herein in pursuance of the Honorable High Court in W.p. No'36036/2021 0rder dated 22to712024,pending disposar of the main writ petition. IA NO: 20F 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to fix the date of hearing as expeditiousry as possibre for adjudicating the present writ petition, in the interests of justice. IA NO: 30 F 2024 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to flx the date of hearing as expeditiousry as possibre for adjudicating the present writ Petition in the interest of justice. Counsel for the petitioner: SRt SURESH SHIV SAGAR Counset for the Respondents: Stt SiiEonii iiJriy, spl cp FoR THE ADVOCATE GENERAL The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.27653 OF 2o24 ORDER: This writ petition is filed u'ith the following reliel- '...to po,ss order or orders one it the nature of wrtt of Mo.ndamus declarirg the respondent-s Ior not consideing the th.e action of Application/ Reptesentation ddted 12.08.2024 made bg thp petitioner land with regard to Applicatton Jiled to take ant immediate action for iltegal construction in Kothi Asalia Palace situated at Atwal tn Sg.No.l57 of Ranga ReddA District, admeasuing 28 Acres 48 Guatas, Building Beaing No. 5-6-58, 58/ l-1O, B-2, belongttg tn late H.E.H.Nbam W Nawab Sir Mir \ Ostuan Ali Khan Bahadur, Hgderabad, dnd also for restoration of the possession of the land of the petitioier herein in pursuance ol the Hon'ble High Court in w.P.No.36O36 of 2o2l order dqted 22.07.2024, dnd declqre the action of the respond.ettLs as illegaL, arbitrary ogairLsl the pincipals of naturql just[ce, against law, utolations of rules and also uiolation of article 3OO-A of the Constitution of htdia and to pass such other order or ord.ers as this Hon'ble Coutl mag tleem Jit itt the circunLstances of th.e case'.

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission.

3. It is stated that the petitioner is the great granddaughter/ successor of his Excellency H.E.H. the Nizam VII, Late Nawab Sir Mir Osman Ali Khan Bahadur and granddaughter of Late Waleshan Prince Moazam Jah Bahadur, Hyderabad. It is further stated that after merger of Hyderabad State with the Union of India, in terms of the Agreement, the building known as 'Kothi Asa{ia Palace" admeasuring Acs.28..48 guntas bearing H.No.5-6-58, 58/ 1-1O, 82 situated at Alwal belongs to Late H.E.H. the Nizam VII, late Nawab Sir Mir Osman Ali Khan Bahadur is declared as ) CVBR, J wp 2765)J024 private property and to that extent, entries were made in tsIue Book'. It is stated that even as per the General Land Register of SecunderabadCantonment,thesubjectpropertyisdepictedas Nizam's private property and a certificate was also issued by the Defence Estate Officer, Telangana & AP Circle' Secunderabad uide Irtter No,DEOlAPlCP\OlLOOO/XUI/5, dated 05 o2'2018' It is further stated that the Govemment has taken huge proRerty admeasuring Acs.3O.06 guntas by making untenable claims and the Government gave away six acres of subject land to Bharatiya Vidya Bhavan at a concessional price and it had been using the sameforthelastfewdecadesbypayingrento[Re.1/-peryear.It is further stated that the revenue authorities are deliberately misleading the Courts by making it appear as if there were some IncomeTaxduesofH.E.H.Nizam,Hyderabadandinrespectof those dues the Kothi Asafra Palace was attached' It is further stated that even though nature of the lands held by the then Nizam into the 'Blue Book' is depicted as private property of the Nizam and in terms of the Agreement, the respondent-State is liable to release the properties to the custody of the Nizam or their legal heirs or their successors-in-interest, when the respondents did not take any action for restoration of possession of the subject property in favour ol the petitioner, she was constrained to ltle W.P.No.36O36 of 2021, which in turn was disposed of by this 7 -) CVBR, J w 27653 2024 Court, vide order dated 22.02.2024, by permitting the petitioner to submit a representation to the respondent Government duiy enclosing all the documents and the respondents therein in turn were directed to examine the same in accordance with law and communicate the decision thereon to the petitioner.

4. The grievance of the petitioner is even though she submitted a representation dated 12.Oa.2O24, pursuant to the order p."l.a by this Court in W.P.No.36O36 of 2O27, dated. 22.OT.2O24, seeking for restoration of possession of the subject property, enclosing all the relevant documents, so far the respondents have not taken any aclion for releasing of the property and as such being a royal family member, she is not in a position to survive, as there are no other properties for receiving any returns. entitlement

5. It is evident that this Court, while disposing of the earlier writ petition i.e., W.p.No.36036 of 2O2l vide order dated without expressing any opinion on the right and 22.07.2024, of the petitioner, has disposed of the writ petition directing the respondents to examine the representation submitted by the petitioner in accordance with law arrd communicate the decision thereon to the petitioner. The specific grievance of the petitioner in this writ petition is that even though in terms of the said order passed by this Court, the petitioner has submitted a \ 4 CVBR. J wp?7653 2024 representation dated 12.08.2O24 to th.e concerned, so far no action has been taken thereon

6. Keeping in mind the earlier directions issued b1' this Court 6and after hearing Sri Sreedar Reddy, learned Special Government Pleader appearing for the learned Advocate General, this Court is of the opinion that ends of justice would be met, if respondent No.2 is directed to examine the representation dated l2.Oa -2024 submitted by the petitioner, after calling for a report, if necessary, from the concerned authorities and after providing an opportunity of hearing to the petitioner, and pass a reasoned order and communicate the same to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII SD/.T.TIRUMALA DEVI ASSISTANT REGISTRAR SE FFICER Telangana. Secretariat, Hyderabad, State of Telangana

1. The Special Chief Secretary to Government, Revenue Department, 2. The Principle Secretary, Revenue Department, Hyderabad, State of 3 The Principal.Secretary, General Administration Department, Telangana _ Secretariat, Hyderabad, State of Telangana. 4 I!9,!:1" Secretary,. Union.of tnd,ia, IVfinistry of Home Affairs, North Btock, Uentrat Secretariat. New Delhi-1 10 001_ 5. The District Collector, Hyderabad District, Hyderabad. 6. lhe Revenue Drvisional Officer, Secundera6ad Division, Hyderabad 7. The Tahsildar, Tirumalgiri Mandal, Hvderabad District 8. One CC to SRI SURESH SHIV SAGAR, Advocate IOPUCI 9. ONE CC tO SRI SREEDAR REDDY, SPL GP tOPUCl To 10,Two CCs to THE ADVOCATE GENERAL, High Court for the State of Telangana, at Hyderabad. [OUTI

11.Two CD Copies PSK. LS @ .9 / HIGH COURT DATED:2010112025 \ ORDER WP.No.27653 of 2024 ( H E r 4 O lJ5 F * * DISPOSING OF THE WRIT PETITION WITHOUT COSTS