High Court · 1963

Judgment

1. 2 State of Telangana,. Represented by the principle Secretary (Revenue) Secretariat, Hyderabad The special chief secretary, Revenue Department Government of rerangana Hyderabad 4 6 - - - commissioner of survey, setflement and Land Records (Jagir Adminiskators Wing) Survey Bhavan, Narayanguda. Hyderabad 9letg qen[ of india. (formerty State pank-of Hyderabad) Gunfoundary Branch, Abids, Hyderabad Represenied by Bank Maniger- Mohd Zakir Osman, S/o. Late Mohd Osman Aged 4g years, resident of 13-3_ 431 1 12, Muslaidpura Hyderabad, Telangana Pl!::! 9yqtg, S/o. Prakash.Chand Gupra Aged 44 years resident of 5_9_45, basneeroag. Hyderabad, Telangana (WP IS DISMISSED AS WITHDRAWN AGAINST RESPONDENT NOS.5&6 oNLY AS pER COURT ORDER DArED 22t1\t1d )-- -- - ...RESPONDENTS Petitlon under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High'cJurt may be pleased to issue a writ, order or direction more particularly in th-e nature of Writ of Mandamus.or any other appropriate writ, and (i) Directing ihe Respondent No. 1_4 to release the five sealed jewellery boxes deposited with the Respondent No. 4 in safedepositboxesbeing (1)20t57-1o2dated5Juty.196.t. (ii)21h4-160dated31 July '1962. (iti) 22117-172 dated '10 June 1963. (iv) as€]2 dated 8 Aprit 1976 and t (v) 70058 dated 24 Aprit 1980 join y, in the presence of the petitioner and other eligible owners and not to the release the subject property or any,part thereof, without the consent or :rpproval of the petitioner. / lA NO: 1 OF 2023 Between: 1 Nawab Mohamrned Fakruddin K.han @ Shaik Mohammed Faqheruddin Khan, S/o. Late lVloharnnred Lateefuddin KhIn, aged about 73 ye"rsj F:/, H.No g-r] 6O3/21C, Road I'Jo 10, Banjara Hills, Hyder,bad. Janaba N ikhatunnisa. Begum, D/o. Lati-' Ahmeduddin Khan, agecl about 56 years, Occ. Houselrold, Rlo. 141A-72, H.no. 1.1-5-464, Mughil tr/erion Apartment Flat No.201, red hills, Hyderabad-500 004 2 .PETITIONERS/PROPOSED RESPONDENTS 7&8 AND 1 2 3 4 5 6 7 Mr Rale^sh Agarwal, S/o. Late Satyanarayana Agarwal, Occ _ Btrsiness. aoed aoout 4u years. F:esident ot 8-2-415. Signature One. Block B_ ll3, Road -No. 4, Banjara Hills, Hyderabad - 500034 ,..RESPONDENT^^/RIT PETITIONER :t ]9 9J Secretariat, Hyderabad Telangan a , Represented by the principle Secretary (Revenue) The special chierf secretary, Revenue Department Government of relangana Hyderabad $9,11ps1oner^gf Survey, Setflement and Land Records (Jagir Adninistrators vvtng) survey Bnavan, Narayanguda, Hyderabad Il:t: Frll qt Hyderabad,.(formerty State Bank of Hyderabad) Grrrrfoundary Branch. Abids. Hyderabad Represented by Bank Mdnager !!o.h!, Zakir Osman, S/o. Late Mohd Osman Aqed 48 years. resiciernt of 13_3- 43/'l /2. lr/lu staid pt r ra Hyderabad, Telangana Sukesh Gupta, S/c Prakash.Chand Gupta Aged 44 years resident of 5-9_45, Basheerbag. Hyderabad, Telangana (wP rs DtsrvtssED AS WTTHDRAWN AGATNST RESpONDENT NOS 5&6 ONLY AS PER CCL,,RT ORDER DATED 22I1OI1T; ) .,.RESPONDENTS/RESPONDENTS 1 TO 6 Petition under Section 151 cpc praying that in the circumstances stated in idavit filed in support of the petition, irre uign court may be preased to the petitioners to implead proposed reipondents 7-and r3 as party dents 7 and 8 in '/V.P.No.31508 of 2O1B as well as lAs, in the interest of _the the aff perm it respon justice -E IA NO: 2 OF 2023 Between: VicarunissaBegumWoLaeeqlqbalandD/oLatelVluntaiibUddinKhanandLate do B;s;i;; No 215' Gvm Khana Road' suttan Jahan Begum, aseo t\Iudfort, Secunderabad, Occ: House Hold -6?vJa[, ...PETITIONER/PROPOSED R-7 AND 1 2 a J 4 E 6 6

Mr. Raiesh Aganval, S/o Late Satyanarayana Agarwal Occ - Busine-ss' aged -S'ighature "One, Block B- 83' Road No' about 48 vears, Resident oi'6 z'irrs, 4, Banjara Hills, HYderabad - 500034 The State of Telangana, Represented by the Principle Secretary (Revgnue) Secretariat, Hyderabad The Special Chief Secretary, Revenue Department Government of Telangana Hyderabad Commissioner of Survey, Settlement and Land Records (Jagir Adminiskators ilii;gj Srt"y Bhavan, Nbrayanguda, Hyderabad State Bank of Hvderabad, (formerly State Bank of Hyderabad) Gunfoundary Branch. Abids, Hyderabad Represented by Bank Manager Mohd. Zakir Osman, S/o Late Mohd Osman Aged 48 years' resident of 13-3- 43/1i2, Mustaidpura Hyderabad, Telangana sukesh Gupta, s/o. Prakash chand Gupta Aged 44 years resident of 6-9-45' Basheerbad, HYderabad, Telangana ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court may be pleased to pass as the 7th an order impleading the petitioner/proposed Respondent No 7 Respondent in the subject writ petition and all the pending applications lnterlocutorY IA NO : 1 OF 2018 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtostay the release of the Subject Property, being the five sealed Jewellery Boxes IANO:2OF2 0't8 Between: lr,ohd. Zakrr Os r,an. S/o. Late Mohd Osman Aged 4g years. r€.sident of 13_3_ 43t 1 /2 Mustaidn.rra Hyderabid T;L;d;;; "',' ...PETITIONER/sTH RESPONDENT AND 1 2 3 4 5 7 Mr Raje^sh Agarwar, s/o Late satyanarayana Aga*ar. occ _.3usiness. aoed about 48 year:; Residenr of 8__2 4ia, SG;;i;r;d;: Br"Jri e.-85,,h"";frN:: 4. Banjara Hills, Hyderabad _ SO0O34 ...RESPONDENT/VVRIT PETITIONER vie'| r'ur rq I \svc The Principle Secretary. State of Telangana, Revenue Department, Secretariat. HvJerabar, The Special Chief Secretary, State of Telangana, Revenue Department Government o, Telangana Avouill"o commissroner rrf survev. .settremenl and Land Records. state of reranqana (JagirAdminisrrarors wins) srr;t Bha;;;, N;;;;""'s";d" Hyderabad - The Bank Manaqer. State Bank of lndia (formerly State Bank of l_ryderabad) Gunfoundary Br 5nch. noios, Hyoeraoai Sukesh Gupta, S'o. Prakash,^Ctrand Gupta Aged 44 years resident of 5_g_45, Basheerbag, Hyderabad, Terangana \i vi I I rer, vlor'\2 ...RESPONDENTS Petition under s;ection 151.cpc praying that in the circumstarrces stated in the_affidavrt fited in suon]r]-9t,lrrq.puiiti"'n, inliiin Court may be pteased to vacate the interim orderrs passed in W.p.tto. sisog/r6ra dated. 31.08.201g lA NO: 3 OF 2018 Between: Sukesh Gupta S/o praka:h Chand Gupta Aged 44 years resident of 5_9_45, Basheerba!. uyrte ra oaa.iet#gln] ""r'''-'r'" AND

1. ...PETITIONER/6TH RE'SPONDENT Mr. Rajesh Agarwal S/o. Li ;:s,,;xffi 5;.'i?:;;!i3,.6uf#sfllx?;'3'6#l!3:f ;es:'R?';0"*?o 2 rhe principar secretary, state of rerang;":::::Hjx]Hfl:::"roNER Secretariat, Hyderabad I ,..RESPONDENT/WRIT PETITIONER

2. The Principal Secretary, State of Telangana, Revenue Deparlment . Secretariat, Hyderabad 3. The Special Chief Secretary, State of Telangana, Revenue Depadrrlent Government of Telangana Hyderabad

4. Commissioner of Survey, Settlement and Land Records (Jagir Administrators Wing) Survey Bhavan, Narayanguda, Hyderabad

5. The Bank Manager, State Bank of lndia, (formerly State Bank of Hyderabad) Gunfoundary Branch, Abids, Hyderabad

6. Mohd. Zakir Osman, S/o. Late tr/ohd Oiman Aged 48 years, resident of 13-3-4311 12, Mustaidpura Hyderabad, Telangana ...RESPONDENTS/RESPONDENTS 1 TO 4&5 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 orders passed in W.P.No.31508/2018 dated.31.08.2018 IA NO: 4 OF 2018 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 may kindly be granted the leave to bring on record the material particulars and supporting documents, by way of this additional affidavit, which shall clarify the nature of th'e property involved in the present writ, the ownership of the same and right, title and interest of the Petitioner and pass IA NO: 5 OF 2018 Between: 1 Khursheedunnisd Beg D/o. Late 113ry6$i F6zal ddin l,.han, Aged about 51 years R/o. H.No.215lA,'Mud Secunderabad; ! rt, 2 ,.: Mohd. Ghousuddin Kh S/o. Late. Nbvtab azal ddin Khan aged abt. 64 l/is, Rd no 14, ffafijbr 3. Baderunnisa Beg D/0. Late r{bdab Ag ed s0 yr* R./o Ba njara Hills, fydL34. I Vo -2-32:.lRl1, { Hitts Hyderabad-34 1r din l,.han 3lqlt. Rd. No. 10, 4 Salik Kutubuddin Khan Residing at Paigah Hou o. La.e Nawab Kutubuddin Khan Colc ny, Begumpet , SecLrnderabad. Petitioilers/prop. Respondent 7 - 10 I t s/ ::f AND 1 2 J Ivlr. Rajesh Agarural, S/o. Late Satyanarayana Ag-arwal Occ - 3usingss aged about 48 yeai:; Residenl of 8-2-4-15, Signature One, Block B 83, Road No. 4 Banjara Hills;. Hyderabad - 500034 ..,PETITIONER The State of Tr:langana, Represented by the Principle Secretary (Revenue) Secretariat, Hy'deraPad The Special Chier Secretary, Revenue Department Government of Telangana Hyderabad

4. Commissioner of Survey, Settlement and Land Recbrds (Jagir ,Administrators Wrng) Survey {lhavan, Narayanguda, Hyderabad

5. State Bank of llyderabad, (formerly State Bank of Hyderabad) Gunfoundary Branch, Abids, llvderabad Represented by Bank Manager

6. Mohd. Zakir Osrnan, S/o, Late Mohd Osman Aged 48 years, resident of '13.3- 43/1/2, MustairlpLrra Hyderabad, Telangana

7. Sukesh Gupta IJ/o. Prakash Chand Gupta Aged 44 years resi(ent of 5-9-45' Basheerbag, Flyderabad, Telangana ,.,RESPONDENTS/RESPONDENTS Petition under Sectton 1 51 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 7 lo 10 herein as respon{ent Nos T to 10 in the above W.P. No l]1 508 of 20'18 in the interest of Justice lA NO: 'l OF 2019 Petition under Siection 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to extend the interim orders dated 3'1-08-2018 in l.A,No.1 ot201B in \t\t.P.No.31508 of 20'19 until further ,t.ders pending disposal of the above Writ Petition in thiq Hon'ble Court Counsel for the Petitioner: SRl. DUWA PAVAN KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI M. SRIKANTH REDDY SC IFOR SBI Counsel for the Respondent No.S: SRI H. VENUGOPAL Counsel for the Respondent No.6: SRI T. SUDHAKAR REDDY Counsel for the Proposed Respondent SRI RAKESH SANGHI Counsel for the Proposed Respondent Nos: SRI THANNIRU SRINIVAS Counsel for the Proposed Respondent Nos: SRI T.K. SRIDHAR The Court made the following: ORDER THE HON'B LETHE ACTING CHIEF JUSTICE SUJOY PAUL & THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.31508 of 2O18 ORDER: ks per the l\on,bte Si Justtce N.v.ShrrLurLn Kumar) This writ petition is filed seeking a direction to respondent Nos.l to 4 to release the five sealed jewellery boxes deposited with respondent No.4 in safe deposit boxed being (1) 20/SZ_lO2 dated 05.07.1961; (ii) 21 124-160 dated 31.07. 1962; (iitl 22/tZ_ 172 dated 10.06.1963 and (iv) 4SBt2 dated 08.04.1976 and, (v) 7OO5B dated 24.04. 1980 (subject property) jointly, in the presence of the petitioner and other eligible owners al1d not to release the subject property or any part thereof, without the consent or approval of the petitioner.

2. The facts giving rise to filing this writ petition as stated are that one Late Nawab Zahir yar Jung (Jagirdar) was the absolute owner and was in possession of several movable and immovable properties including various antique jewellery. While so, on 19.04.1952, at the Bombay Airport, when the said Jagirdar was carrying five sealed boxes of such jewellery with him, he was held by the Bombay Airport Customs Authorities and by way of panchanama ald Memorandum bearing 2 C.No.34 19/52 dated 13.05.1952 the subject propert] was seized by the Bomtra,l Airport Customs Authority. SubsecSrently, the said jeweller',. boxes were handed over to the Jagir Administrato:, Hyderabad by tl-re Collector o[ Custon-rs, Bombay and inturn tLLcse jewe1lery boxes were deposited with r espondent No.4/Bark, C,unfoundry Branch, Abids, Hyderaba<l for safe custody on difl'erent date in the following lockers 0 20157 1O2 dated 05.07.1961; (il) 2t lrtt 160 dated 31.O7.1962; (iti) 221 17 172 dated 10.06.1963 (iv) 458 1.2 dated 08.O4.1976 and (v) 7005,8 dated 24.04.198O.

3. Therealter, in due course of time, one Ahmed Miya and Khader Hussain sons of Late Ahmed Hussain, r/o. JJyderabad purchased tlre jevvellery boxes from the jagirdar an,l his wife Azmatunnisa T3egum under registered assignment dr:ed bearing Doc.No.654 ol 1958 dated 1 I .08.1958 before t.re District Registrar, Hy,1,:rabad. Accordingly, they have filed Application in Appl.No.1O4 ct- 1963 in C.S.No.7 of 1958 before this Court for release of th.e jewellery boxes. This Court uide order dated

28.06.1963 clirected release of jewe1lery boxes. While things stood thus, the said Ahmed Miya and Khader. Hussain transferred their rights over the jewellery boxes by issuing a registered General power of Attorney bearing No.293 /lV / 2076 dated 21.06.2006 in favour of respondent No.5 to undertake all necessary actions in connection with release of the jewellery boxes from the Government. Subsequent to the execution of the GPA, respondent No.5 hled application in Appl.N o.TZ4 of 2OI4 in C.S.No.7 of 1958 wherein by way of final decree dated 13.06.2014, Sri Ahmed Miya and Sri Khader Hussain were declared as the owners of the jewellery in the ratio of 5O:50. It is submitted that final decree was not challenged and the same has become final. Thereafter, respondent No.5 filed an application for release of the subject propert;r before respondent No'3 and respondent No.3 ulde endorsement dated 17.10.2015 directed respondent No.5 to approach the appropriate authoritv.

4. Aggrieved by the said endorsement, respondent No.S preferred a Revision petition before respondent No. 1 on 18.03.2016 and respondent No. 1 uid.e ord.er dated, 24.06.2016 called for a detailed report from respondent No.3. Accordingly, respondent No.3 addressed a letter to the concerned Government Pleader for Revenue with a request to conhrm whether the order passed in Appl.No.1O4 of 1963 in C.S.No.7 of 1958 dated 28.06.1963 was genuine. As such, the learned ; \ 4 Government pleader confirmed the aforesaid order as genuine by letter dated 2(t.O5.2O16. Thereafter, there u,ere no clr:velopments with regard to the release of jewellery boxes. Surbsequently, respondent irto.S filed a writ petition in W.i).No. l,t>l of 2AIZ before this ccr-rrt to decrare the inaction of respondert Nos.1 and 3 in passing necessary orders in respect of the appiication dated 18.03.2016. 'l'his Court disposed of the said ,,vrit petition with a direction to respondent Nos. 1 and 3 to pass appropr.rate orders on the revision petition within a period of three (3) m,rnths.

5. It rs; submitted that respondent No.5 thereafter was unable to pu rsue and follor.n, up the matter arr,l beeLr the expenses an,l approached respondent No.6 for administrative and monetary help. In view thereof, petitioner and respondent Nos.S and 6 have enterecl into Memorandum of Un<ir:rstanding on 03.10.2Oi 6 therein petitioner and respondent No.6, agreed to be the facilitat,rr-s to help respondent No.5 to pursue the release of jewellery bo.xes. As per the MoU, it is agreed tha: petitioner wili be entitle,l to 50% of share of respondent No.6 in the jeweliery boxes i.e., 3T.syo of the total jewellery and rn case of physical distr.iL,ution of the jewel1ery boxes, the samr: is agreed to be distributed in the same ratio as agreed upon orr the basis of the valuation clone by approved valuer. i 5

6. Thereafter, respondent No.1 issued directions in favour of respondent No.2 for releasing of the jewellery boxes. In the said background, petitioner had brought to the notice of respondent Nos. I and 2 about the execution of MoU and his entit lement and share in the jewellery boxes. However, respondent Nos.l and 2 have not taken any action in releasing of the said jewerlery boxes. As such, petitioner has filed a civil suit for grant of perpetuar injunction before the civil court against respondent Nos.S and 6 arrd the same is pending for consideration _ and also petitioner, in order to safeguard the interest, submitted a letter dated 29.08.2018 with respondent No.l to pass appropriate orders for release of the. jewellery boxes. As there was no response from respondent No.1, petitioner issued a legal notice by way of e_mail on 3O.Og.2O 1g. Apprehending that respondent Nos. 7 and,2 may not consider the representation of the petitioner, the present writ petition is filed.

7. We have heard learned counsel on either side and perused the material available on record. B. This Court uide its order d,ated. 22.IO.2OIg, dismissed the present writ petition as withdrawn against respondent Nos.5 a1d 6. The petitioner herein at no point of time had filed any -7 I L.E 6 objections at the time of final hearing of the suit ir: C.S.No.7 of 1958 ald also there is no mention about the subject jeu,ellerv boxes in th: memorandum of compromise. E\z,:n preliminarJ/ decree dated 06.04.1959 also there is rro mention about the subject jer,,,ellery boxes, as such the same is not available for :-elease. More so the present rn,rit petition was dismissed as .x.ithdrawn against respondent Nos.5 ,and 6. The subject ma.tte.r in the present u.rit petition u,as elabc,r_ately held in W.P.No.31EiCr6 of 2018. rn the U nderstandrng 9 In the r:ase on hancl, the issue pertains to the dispute in Memorandum of entered into betrr..een the petitioner and r.espondent Nos.S and 6, dated 03.1O.2r016 and the writ petition t.as dismissed as withdrawn against res;pondent Nos.S and 6. As such the petitioner has to pursue his remedies eisewhere as available under law and not in the present writ petition filed under Article 226 ofconstitution oI. India. 10 In viet of all the observations made above, tlrr., sought for in tjl,: writ petition is mrs-conceived and the writ petition itself is devoid of merits and fails and accordingj.y stands prayer dismissed. re*;*;*.".-:=' 7 Miscellaneous applications, pending if any, shall stand closed. No order as to costs. SD/-A.V.S. PR SAD AR ASSISTANT REGI //TRUE COPY// SECTION OFFICER To, 1 2 4 E 6 7 8 o KKS BS One CC to SRl. DUWA PAVAN KUMAR Advocate IOPUCI one CC to SRI lvl S0.RIKANTH REDDY SC FOR SBI [OPUC] One CC to SRI H. VENUGOPAL Advocate [OPUC] One CC to SRI T.K. SRIDHAR Advocate [OPUC] One CC to SRI THANNIRU SRINIVAS A{vocate [OPUC] One CC to SRI RAKESH SANGHI Advoiate [OPUC] One CC toSRl Ir/ SRIKANTH REDDY SC FOR SBI [OPUC] Two CCs to GP FOR REVENUE, High Court for th'e State of Telangana Two CD CoPies 6 HIGH COURT DATED:21 10312025 ORDER WP.No.31508 of 2018 ,1"i:' -14 (- n- T4 25ilAnM 1' z ((\ \-_ ilcsEO * DISMISSING THE WRIT PETITION WITHOUT COSTS t-r%, (Tr\@b