The High Court · 2025

2. The District Collector, Hyderabad District, Lakdikapul, Hyderabad 3. 'The Revenue Divisional Officer, Hyderabad Division, Sri Balaji Enclave, Gosha Mahal, Nampally, Hyderabad.

4. The Tiruma Enclave, Collector tfl, Address. llv, and Tahsildar, Tirumulgiri Mandal, Tahsildar 2-23-50, Hasmatpet Road, Arevalli Enclave Secunderabad, Telangana - 500009 Office, , Parkview

5. Mohammed Mustafauddin Khan, S/o Late Nawab Mohammed Ghouse Mohiuddin Khan Ghousuddin Khan, aged 57 years, Occupation. Business, R/o G4 Babu Khan Solitaire, Babu Khan Lane, Gachibowli, R.R. District' Telangana i 500032

6. Maliha Acam lzathunnissa Begum, D/o Late Nawab Mohammed Ghouse Mohiuddin Khan Ghousuddin Khan, aged 57 years, Occupation. Business, R/o G4 Babu Khan Solitaire, Babu Khan Lane, Gachibowli, R.R. District, Telangana - 500032. ...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 issue a writ or order or direction one more particularly in the nature of Writ of Mandamus declaring the action of the respondent No.4 in not cancelling steps the Family member certificate vide File No. Dis.No.F/1 455012001 dt. 03-12- 2001, which is allegedly being misused by the respondent No.S and 6 herein before the Hon'ble courts of law and other government forums, withc,,t there being any official record of the family member certificate with the respondent No.4, which is confirmed by the respondent No.4 itself herein by considering the representation of the petitioner dated 29-05-2025 as arbitrary, illegal and violation of principles of natural justice apart from being violation of Article 14 and 21 of the Constitution of lndia and consequently direct the respondents 2 to 4 to pass necessary orders restraining thd unofficial respondents No.S and 6 from further misusing the Family member certificate vide File No. Dis.No.F/1455Ot2O01 dt. 03-12-2001 retrospectively said to have been issued by the office of the respondent No.4. 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 2 to 4 to pass necessary orders restraining the unofficial respondents No.5 and 6 from further misusing the Family member certificate vide File No.Dis.No.F/1 455Ol2OOl dt. 03-12-2OO1 retrospectively said to have been issued by the office of the respondent No.4, pending disposal of the writ petition. Counsel for the Petitioner:SRl GlRl KRISHNA APPEARING ON BEHALF OF ALI MOHAMMED TIPU KHAN Counsel for the Respondents No 1 To 4: SRI L. RAVTNDER AGP FOR REVENUE Counsel for the Respondents No 5 & 6: -- The Court made the following: ORDER I i I I I I I IN THE IIIGH COURT FOR THE STATE OF TELANGANA AT I{YDERABAD THE HONOI'RABLE SRI JUSTICE E.V.VENUGOPAL WRIT PEIITION No.36733 of 2025 DATE OF ORDERz 02.12.2025 Between: Sri Sahebzada Mohammed Molzuddin Khan AND ...Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Dr.B.R.Ambedkar, Secretariat, Hyderabad and flve others ...Respoudents ORDER: Aggrieved by the action of respondent No.4 in not cancelling the Family Member Certificate issued in favor of unofficial respondents uide File No.Dis.No.F/l455Ol2OO1, dated O3.L2.2OOL by respondent No.4, without there being any oflicial record of the Family Member Certificate wittr respondent No.4, which is confirmed by respondent No.4 herein by considering the petitioner's representation / legal notice dated 29.05.2025, the present writ petition is filed. A I I \ 2 consequential prayer is sought to direct respondent Nos.2 to 4 to pass necessary orders restraining the unofficial respondent Nos.S and 6 from further misusing the said certi'cate issued by respondent No.4. 2' Heard Mr. Giri IGishna, learned counsel appearing on behalf of Mr' Ali Mohd. Tipu Khan, learned counsel for the petitioner on record and Mr. L.Ravinder, learned Assistant Government pleader for Revenue appearing for respondent Nos.l to 4. 3' learned counsel for the petitioner submitted t]rat on the strengttr of the impugned Family Member Certificate issued by Revenue Authorities in favor of the unofficial respondent Nos.S and 6 by the revenue authorities, claiming to be the legar heirs of late one Mr. Mohd. Ghouseuddin Khan, S/o. late Nawab Himayat Jung, the unofficial respondents are attempting to claim the propert5r of the petitioner herein, who stated to be also the regal heir of late one Mr.Mohd. Ghouseuddin Khan. It is further'submitted that based on the impugned Family Member certificate, the unofficial respondent Nos'S and 6 are attempting to succeed to the properties of late one Mr. Mohd. Ghouseuddin Khan. It is further submitted t]lat on the issuance of Family Member certificate in favor of the unofficiar respondents, t.I.e petitioner's rights have compretely alfected and thereby the petitioner submitted a detailed representation / legar notice through his counsel dated 2g.os.2o2s, but no action has been ) I 3 taken so far on the said legal notice. It is further submitted that admittedly, the disputes between tlle petitioner and unofficial respondents are pending in o.S.No.S L4 of 2025 on the file of learned xXI Junior civil Judge, city civil court, Hyderabad, where the succession is being claimed by the unofficial respondents based on the Family Member certificate issued in favor of them. It is further submitted that t1le unofficial respondents have succeeded in obtaining the succession in O.S.No.S14 of 2025 on the file of learned XXI Junior Civil Judge, City Civil Court, Hyderabad uide its order dated L5.O4.2O25 and on the application made by the unoflicial respondent No.S in application No.856 of 2008 in c.s.No.L4 of 1958. As such, the claim of the petitioner is at jeopardize and the petitioner's rights are being affected. Though, a legal notice has been issued and no action has been taken so far by the official respondents, the petitioner is .\ constrained to file this writ petition seeking appropriate directions'

4. Learned ASsistant Government Pleader for Revenue on the other harrd submitted that the petitioner issuing tJ:e legal notice after 24 long years after issuance of the Family Member certificate in favor of the unofficial respondents and seeking his grievance by filing this writ petition is perverse. Admittedly, the Civil Cour-t has decided the said matter and to resolve the petitioner's grievance, the petitioner ought to have approached. the Civil Court challenging the said order' But blaming the official resPonden ts for issuing the FamilY =Member t t \ \ I I I 4 a' Certifilcate uide File No.Dis.No.F/455012O01, dated 03.L2.2OO1 at no stretch of time, is perverse and shifting the onus on the oflicial respondents for issuing the impugned Certificate is nonest in the eye of law and seeks to dismiss this writ petition.

5. This Court having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and considering that the petitioner is questioning the Family Ivlember Certificate, which is the part and parcel in O.S.No.S14 of 2025 on the file of learned XXI Junior Civil Judge, City Civil Court, Hyderabad and considering that the succession is granted to the unofficial respondents by order dated L5.O4.2O25, without making any observations on merits and demerits of the case, deems it appropriate to grant liberty to the petitioner to challenge the said order before the appropriate Court strictly in accordance with law.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications if any pending, in this petition, shall stand closed. SD/.MOHD. ISMAIL DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, State of Telangana, Dr.B.R. Ambekdar Secretariat, Hyderabad.

2. The District Collector, Hyderabad District, Lakdikaput, Hyderabad i i l Gosha Mahal, Nampally, HVO"ibOrO. 3' The Revenue Divisionar officer, Hyderabad Division, sri Baraji Encrave, 4- .The Deoutv coilector and rahsirg3l.rlrTurgiri Mandar, Tahsirdar office, Tirumatboiii. eoo-reG ?:ri_60;'ir.as1nq!net n6-Jci, nrevalli Enctave, parkview E nctave, Bowen parrv, s*r"o.ir; b;ii; H#d;;' _' sooooe

5. one cc to sRr. ALr MOHAMMED Trpu KHAN, Advocate topucl 6. Two ccs to Gp FoR REVENUE ,High court for the state of retangana at 7. Two CD Copies Hyderabad . [OUTJ oaN BS' lh" I )' 1 r{E SlA 2 [ BEt ?0'6 ) I t .,' () (-) * HIGH COURT DATED:0211212025 ORDER WP.No.36733 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1r,