The High Court · 2025

Fetition 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 iss;ue a Writ, Order or Direction, more particularly one in nature of Writ of Mandamus, declaring that the impugned proceeding No. D1 12748t2O24, dated 03.02.2025, i:;sued by the 3rd Respondent, in respect of the Agricultural lands in Survey No. 343, an extent of Acres 18-24 Guntas, Survey No. 344, an extent of Acres 1B-28 (iuntas, Survey No. 351, an extent of Acres 2-04 Guntas and Survey No. 352,.an extent of Acres 12-24 Guntas, situated at ltikyal Village, Jagdevpur Mandal, Siddipet District, as illegal, arbitrary, contrary to the provisions of the Administratiort of Evacuee Property Act, 1950 and the Rules made there-under, Telangana Blru Bharathi (Records of Rights in Land) Act 2025, being violative of the Articles 1,4, 21 and 300-4 of theConstitution of lndia and unconstitutional, by holding that the impugned proceeding No.Dl 1274812024, dated 03.02.2025, as null and void, non-est in the eye of law by declaring that the subject lands are not Nirvasithula y',sthi (Evacuee property) within the preview of the Administration of Evacuee Proprerty Act, 1950 and the Rules framed there-under and further direct the Respondent authorities, to record the names of the petitioners, as Pattadhars in respect o1' the subject lands and issue Pattadhar Pass Books, by duly incorporating the subject lands in Bhu Bharathi ROR Portal, treating the same as Patta lands, as reflected in the Sethwar pertaining to the subject lands 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 suspend the operation of the impugned proceeding D11274812024, dated 03.02.2025, it;sued by the 3rd Respondent, pending disposal of the above writ petition lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to direct the Res,pondents 3 to 5 herein to maintain Status Quo in alt respects that exist as on toclay, in respect of the Agricultural lands in Survey No. 343, an extent of Acres 18-2tl Guntas, Survey No. 344, an extent of Acres 18-28 Guntas, Survey No. 351, an e)(ent of Acres 2-04 Guntas and Survey No. 352, an extent of Acres 12-24 Guntas, situated at ltikyal Village, Jagdevpur Mandal, Siddipet District, pending disposal of the above writ petition q+ Counsel for the Petitioners : SRI GOURARAM RAJASHEKAR REDDY Counsel for the Respondents: SRI H. SOMAIAH EZRA SHASTRI, AGP FOR ASSIGNMENT The Court made the following: ORDER I .a , THE HON'BLE SRI JUSTICE E.V.VENUGOPAL ORDER This Writ Petition, under Article 226 of the constituLtion of India, is filed seeking the following relief: o...to issue a Writ, Order or Direction more particularly one in nature of writ of Mand.amus d.eclaring that tlrc impugned proceedirug No.Dl/2749/202, d.ated. 03.(t2.2025, i.ssued bg tlrc 3d Respond.ent in respect of the Agianltural lands in Suruey No.343 an ertent of Acres.18.24 Gunats, Suruey No.344 an ertent of Acres.18.28 Gunats Surueg iVo.35l an extent of Acres.2.04 Gunats and Surueg No.3S2 an ertent of . Acres.12.24 Guntas, situated at ltikgal Village, Jagcl.eupur Mandal, siddipet District as illegal, arbitrary, contrary to the proui"sions of tl, Administration of Euacuee Propertg Act, 19SO and the Rules made . thereunder Telangarua Bhu Bharathi Record.s of Rights in Lancl Act, 2O25 betng uiolatiue of tlrc Afticles 14, 21 and. 30otl of th-e constitution of India and unconstitutional bg holdi'ng tLwt the impugned proceeding No.D1/2749/2024 dated 03.02.2025 as null and uoid. nonest in the ege of law by declaring thai the subject land.s are not Niructsitlrula Asthi Euacuee propertg within fie preuiew of the ldministration of Euaanee property Act, L95O and. the Ruler; framed. thereund.er and. fuftler direct the Respondent authorities to record. tte names c;f tle petitioners as Pattadhars in respect of th.e subject land.s and. issue Pattadhar pass Boolc,s bg dulg iniotporating tle subject land"s in Bhu Bharothi RoR portat treating the same as Patta lands as reflected. in tlte sethutar pertaining to the subject lands and pass..." . I \ I I I :,j :i : i J I I I i : Page2 of7

2. Heard Sri G.Rajasekhai Reddy, learned counsel for the petitioners and Sri H.Somaiah Ezra Shastri, learned Assistant Government Pleader for Assignment, for the respondents and perused the record.

3. Learned counsel appearing for the petitioners would submit that originally one Khan Bhadur Khan was the pattedar and possessor of agricultural land to an extent of Acs.18.24 guntas 1n Sy.No.343, Acs.18.28 guntas 1n Sy.No.344, Acs.2.O4 guntas in Sy.No.351 and Acs.l2.24 guntas in Sy.No.352, situated at Itilcya1 Village, Jagdevpur Mandal, Siddipet District. The Sethwar of the subject lands reflect the name of Khan Bahadur Khan as pattedar and possessor, and the nature of the subject lands is recorded as Patta. Vide a family settlement, dated 01.08.1935, between Sarvasri Khan Bahadur Khan and his brother Fakeer Khan, sons of Muneer Khan, the subject lands have fallen to the share of Khan Bahadur Khan. After the demise of Khan Bahadur Khan on 28.10.1951 and pouthi record of the year 1952, reflects that the said Khan Bahadur Khan is survived by son Jumna Khan, who had migrated to Pakistan and '--_-"'-+-'. (o ,,1 Page 3 of7 brother Fakeer Khan, the subject lands are mutated in the nameof Fakeer Khan and Mohammed Anwar Khan, son-in- law of Khan Bahadur Khan is recorded as Shikmadar. The said Fa-k:eer Khan died issueless and subsequently the name of Mohrummed Anwar Khan is mutated in the Revenue Records and the Chesala Pahaies for the year 1955-1958 reflect ttre name of Mohammed Anwar Khan as pattedar and possessor of the subject lands

4. Mohammed Anwar Khan is surveyed by two sons namely lSarvasri Afzal Khan and Mohammed Sarwar Khan, the subject lands have fallen to the share of Mohammed Afzal Kh;rn, who died in the year 1974 and is survived by one son Mohammed Shah Vali Khan and 6 daughters, the present petitioners herein are sons of Mohammed Shah VaIi Khan, ',r'ho had demised in the year 2O2L, oS such the instant petitioners are legal heirs of the subject lands. It is also imp,:rative to submit that the name of Mohammed Shah Vali Khan is recorded as pattedar in respect of the subject lands in the subsequent years, in pahanies of the some years, for instance of phani of year 1986-87, the name of ;r:dEld*+_.. Page4 of7 t ,7^i shah VaIi Khan is recorded as shahmal Das. under t]le Mohammedian Law, the subject property devolves upon the legal heirs after the death of our father Mohammed shatr Vali Kharr, who died on 13.09.2O2I.

5. The subject land is patta land and the ancestrar property as such the petitioners are entitled for mutation of their names and issuance of pattedar passbooks. As such, the petitioners submitted online application in the Dharani Portal for mutation of their narnes in the revenue records and issue passbooks. Further, representation dated

23.08.2023 was submitted to the respondent-authorities to consider the case of the petitioners for the mutation of their names in respect of the subject property. Aggrieved by the said inaction of the respondent-authorities, the petitioners filed W.P.No.15166 of 2024, before this Court seeking to consider the case of the petitioners.

6. This Court, uide its order dated L9.06.2O24 has directed the respondent-authorities to consider the cise of the petitioners. In compliance- to the said order, respondent No.3 issued notices to all concerned, including the n ,14 Page 5 of7 petitionr:rs herein and sought factual report in respect of the subject property from Tahsildar and passed in impugned proceeding No.D r /2748 /2024, dated os.o2.2o2s stating that tht: subject property is patta rand as per sethwar, however the same is recorded as "Nirvasithula Asthi, (Evacuet: propert5r) in the revenue records as per RoR rgzg- Bo and the same is reflecting as Evacuee property since 2o1o-11. The subject land was recorded as Government Lands in Dharani Portal and the names of the petitioners were ner/er recorded as patteda-rs, as the subject properly is Evacuee propert5r. Further, certain p"r.ori" of SC community of the Itkiyal Village a.re recorded as possessors of the subject property, as evident from the pahanies for the year 2010-1 1.

7. Ho'rever, the petitioners submitted an application dated 2'1.06.2025, under the provisions of the RTI Act, requestirrg respondent No.S to provide with the details of the notificatirn issued. under the Administration of Evacuee Property Act, 1950 and the copies of the relevant documents on the trasis of which the subject lands are recorded as fn. tr\ Evacuee property in the revenue records. From the reply of respondent No.S, it is evident that no such notilication is published in respect of the subject property as Evacuee property and the respondent-authorities have illegally recorded the subject property as Evacuee propert5r without any legal basis and the sarne is legally untenable. It is also imperative to state that as envisaged, under Section 7-A of the Administration of Evacuee Property Act, 1950, no property ca.n be declared as Evacuee property after

07.05. L954. Hence the present writ petition. ,,

8. Learned Assistant Government Pleader for Assignment would submit that upon thorough verification, respondent No.3 has rightly and appropriately passed the proceedings No.DL/2748/2O24, dated 03.02.2025. The present writ petition is misconceived and hence, seeks to dismiss the

9. In the light of the aforesaid facts and circumstances of the case, this Court does not see €ulv reason or ground to interfere witJl the proceeding No.D l /274812024, dated O3.O2.2O25 passed by respondent No.3 a, I PageT of7

10. with the above observations, this writ petition is dismiss,:d, granting liberty to the petitioners to work out the remedies as available under law. There shail be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stend dismissed. SD/. B. REKHA RANI ASSISTANT REGISTRAR /TRUE COPY/ CTION OFFICER

1. One CC to SRI GOURARAIVI RAJASHEKAR R 2. Two CC;s to GP FOR ASSIGNMENT, High Court for the State of Telangana Advocate [OPUC]

3. Two CD'Copies To, PVL -Zry- a HIGH COURT DATED:1r-911012025 'l l''i: ) 2t Jril 2m C) (J ( * ORDER WP.No.32624 of 2025 DISMISSiING THE WRIT PETITION WITHOLIT COSTS