Disposed

Abul Faiz Mohammed Asim Mehdi Khan v. The State of Telangana

Telangana HC1 Dec 2023WP/22978/2023

Case brief

AI extract

What is this about?

Petitioners challenged the High Court issued a disposed of the writ petition directing the revenue authorities to consider their online application for mutation proceedings, have not issued Pattadar pass books in respect of the lands belonging to the petitioners within 45 days from the date of receiving the order. The matter was settled by directing the authorities to issue notice, hearing to all

What did the court decide?

Directed respondent Nos.2 to 5 to consider Petitioner's Dharani application for mutation, issuance of e-pattadar passbooks and title deeds, by issuing notice, giving opportunity of hearing to all part

Abul Faiz Mohammed Asim Mehdi Khan Vs The State of… — Land Acquisition | Telangana HC (2023)

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[³¹⁸³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 22978 OF 2023

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Between:

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't. Abul Faiz Mohammed Asim Mehdi Khan, S/o. Abdul Faiz Nisar Mehdi Khan, Aged 66 years, R/o.H.No.B-2-59BlBl1 , Road No.8, Banjara Hills, Hyderabad500035

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Abul Faiz Nisar Mehdi Khan, S/o. Late Rafeeq Mehdi Khan, Aged about 70 years Occ.Business, R/o.H.No.8-2-598/8/1, Road No.8, BanjaraHills, Hyderabad-500035.

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...PETITIONER

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AND

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1 The State of Telangana, Rep.by its Principal Secretary to Revenue Department, Secretariat Buildings Hyderabad.

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2 The Diskict Collector, Ranga Reddy, At Kongara Kalan, lbrahimpatnam, Ranga Reddy District.

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., The Joint Collector, Ranga Reddy District, At Kongara Kalan, lbrahimpatnam, Ranga Reddy District.

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4 The Revenue Divisional Officer, Kanilukur Division, Ranga Reddy District.

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5 The Tahsildar Cum Joint Sub-Registrar, Maheshwaram Mandal, Ranga Reddy District.

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...RESPONDENTS

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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 more particularly one in the nature of writ of mandamus declaring the action of the Respondents 2 to 5 in not issuing mutation proceedings, Pattadar pass books, title deeds, entry in Dharani Portal, entry in E. Pahani, by deleting the names of the third^parties if any against the^lands belongs to the Petitioners covered by Survey numbers 68 to 319^admeasuring Ac.167.00.Gts each situated at Mankhal Village, Maheshwaram Mandal, Ranga

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Reddy District,^{Telangana stateapart from share in the onestandard holdingof} Petitioners Father^{Late. Rafeeq Mehdi Khan in spite of receipt of the petitioners} online application^{No.DER022300973373 dated311o712023as illegal, Arbitrary,} unjust and^{also against the provisionsas envisagedunder the provisions of} T.S.R.O.R.^{Act 1971 and Rules '1989and also violativeof Article 14,'l.6,21and} 300 A of Constitution^{of lndia.}

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IA NO 11 0F²⁰²³

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit^{filed in supportof the petition,the HighCourt may be pleased to} direct the^{respondentsto issue mutation proceedings, Pattadarpass books, title} deeds, entry^{in Dharani Portal,entry in E. Pahani,by deleting the namesof the} third^{parties if any against the lands belongsto the Petitioners covered by survey} numbers 68^{to 3.19 admeasuring Ac.167.00.Gts each situated at tvlankhal Village,} Maheshwaram^{Mandal, Ranga Reddy District, TelanghnaState apartfrom share} in the one standard^{holding of Petitioners Father Late.Rafeeq Mehdi Khan basing} on the^{petitionersonline ApplicationNo.DER022300973373daled3110712023} forthwith.

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Counsel for the^{Petitioner: SRIV.T.KALYAN}

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Counsel for the^{Respondents:GP FORREVENUE}

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The Court made the^{following:ORDER}

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22 978 0F 2023

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ORDER: (ORAL)

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This writ petition is filed by the petitioners seeking to declare the action of respondent Nos.2 to 5 in not issuing mutation proceedings, pattadar passbooks and title deeds, not entering the names of the petitioners in Dharani portal in respect of the land of the petitioners admeasuring Acs. 167_00 guntas in Survey Nos.6g to 319 of Mankhal Village, Maheshwaram Mandal, Ranga Reddv District, as illegal and arbitrary.

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Heard Mr. V.T. Katyan, learned counsel for the petitioners; learned Assistant Govemment pleader for Revenue, appearing for respondents, and perused the material on record.

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Leamed counsel for the petitioners submitted that original ly land admeasuring Acs.7gl_00 guntas in Survey Nos.6g to 319 situated at Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, belonged to the ancestors of the pelitioners, tate Mr. Nisar Mehdi Khan, who is none other than grandf.ather of the petitioners.

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He died intestate in 1956 leaving behind his sons and daughters as

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legal heirs. Petitioners were granted tegal heir certificate by virlue of^judgment and decree in O.S. No.365 6 of 2022 dated 06.02.2023 on the file of the leamed XIX Junior Civil Judge, City Civil Court, Hyderabad.

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Learned counsel for the petitioners further submitted that prior to commencement of the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (for short ,the Act, 1973') there was registered partition deed bearing document No.148l of 1966 dated 20.06.1966 between family members of the petitioners i.e., l. Shujaullah Khan S/o. Late Mohammed yousul Khan,2. Sham Alam Khan S/o. Late Mohammed yousuf Khan,3. lnayath Khatoon D/o. Late. Mohammed yousuf Khan, 4. Daulath Khatoon D/o. Late Mohammed yousuf Khan, 5. Saleem Khatoon D/o. Late Mohammed yousuf Khan, 6. Munawar Khatoon D/o. Late Mohammed Yousuf Khan, 7. Hayath Ktratoon D/o. Late Mohammed Yousuf Khan, g. Kareem Khatoon D/o. Late Mohammed Yousuf Khan, 9. Khanzadi Khatoon Wo. Late Mohammed Yousuf Khan, and respective shares have been allotted

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in the above referred land, in various extents admeasuring^452-24 hectares towards the share of the first parry. The^{2nd party i.e., | .} Mohammed Yousuf Khan, 2. Mohammed^{Iftikhar Mehdi Khan,3.} Mohammed Rafeeq Mahdi Khan,^{4. Rasool Khatoon,5. Mahmood} Khatoon and 6. Najma Khatoon^{was allotted 233.30 hectares} towards share.

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Learned counsel for the^{petitioners submittedthat that2nd} petitioner is ctaiming rights through his^{late father Mr. Rafeeq} Mehdi Khan S/o. Late Nisar Mehdi^{Khan who is declarantin C.C.} No.3866/l/75 before the Land^{ReformsTribunal-cum-Revenue} Divisional Officer, Hyderabad,^{South Division. All the family} members filed declarations^under the^{Act, 1973, vide} C.C.Nos.3823 lll75,³⁸⁶⁷ lll75,^{386611175, 386s1U75,38641U75,} 38631U75, 38601t175, 386211/75,^{3861/1175.The LandReforms} Tribunal^(for short 'the^{LRT') has passedordersin all the above} CC's holding six^{declarantsas non-surplusholders and three} declarants as surplus^{holders.Aggrieved by the order dated} 30.05.1997 of the LRT,^{three declarantsMr' Iliekar Mehdi IGan} (i13867176), Mrs. Mohd Khatoon^{(l/3864175)' Mrs' Nazeema}

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l(hatoon^(113863175) have filed LRA No.2337 of 1977 before Land Reforms Appellate Tribunal (for short 'LRAT') - District Judge, Ranga Reddy District, which was allowed, by order dated 23.08.1978 and the matter was remanded to the lower tribunal for fresh computation. On remanding the matter, the Land Reforms Tribunal, Hyderabad Division, passed order dated 24.10.1978

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determining the following declarants for the extent shown below:

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Sl.No.	C.C.No.	Declarant	Determined Excess
I	c.c.3867/y75	IftekarMehdiKhan	0.1351S.H.
2	c.c.3864/r/7s	Smt.Mohammed Khatoon	0.1351S.H.
3	c.c.3863lU7s	Smt.NzrzeemaKhatoon	0.l3srs.H

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Learned counsel for the petitioners further submitted that

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Form -VI under the Act, 1973 was issued to above three declarants on 28.10.1978, but they have failed to surrender the surplus land, due to which the Revenue Divisional Officer, Hyderabad East Division, has addressed a letter dated 1 5.04. 1982 vide No.3867/I/75, 386411175, 386311175 requesting the Tahsildar, Maheshwaram respondent No.5 to select the surplus land Respondent No.5 vide his letter dated 16.04.1982 in

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Lr.No.Al/2083/81^{has stated that landadmeasuringAcs.24-3 I}

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cents i.e.,^{0.4053S.H. is free fromencumbrances.The Revenue} Divisional^{Offlcer,Hyderabad East Division, has issued public} notice^{and passed orderon 07.06.1982 underSection 10 oftheAct,} 1973 in C.C.Nos.3867,^{3864, 386311115approvingthe lands and} further directed^{the Tahsildar,MaheshwaramMandal, to take out} the possession^{of the land. Accordingly,the RevenueInspector} has taken^{out possession of the land under Form -10 of the Act,} 1973 on 28.06.1982.^{The said surplus land was already assigned} to poor Persons.

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Learned counsel for the^{petitionersalso submittedthat} Additional^{Revenue Divisional Officer, Land Reforms, Ranga} Reddy District,^{has re-openedthe caseunder Section l6(5xb)} under the^{Andhra PradeshLand Reforms (Ceiling on Agricultural} Hotdings)^{Rutes, 1974 on l2'05.1986by order dated 07'06'1982} and approved^{the land admeasuringAcs.24-3 | cents equivalent to} 0.4052 S.H.,^{but still balance area of 0'0301 S.H' has to be} sunendered^{as against the excess land determined' The surplus} land holders^{were directedto surrender the said area' Thesurplus}

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holders and declarants filed LRA No.20l1989 against order dated 07.06.1982. The LRAT, Hyderabad has allowed the appeal by order dated 10.03.1992 setting aside the order of the Lower Tribunal for an extent of Acs.1-20 guntas in Survey No.194 of Mankhal Village. The Lower Tribunal was further directed to select some other land in lieu of the lands of the declarants. The Additional Revenue Divisional Officer, Land Reforms, has passed an order dated 03.05.1995 in proceedings No.l/3823/75 and approved land admeasuring Acs.l-20 guntas in Survey No.68 of Mankhal Village. The surplus holders and declarants have filed LRA No.296l94 against the order of the Land Reforms Tribunal and the Land Reforms Appellate Tribunal has dismissed the appeal by order dated 09.1 L1995.

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Learned counsel for the petitioners submitted that thereafter Mr. Mahmohan Rao and two others have filed representation before the Chief Minister, Andhra Pradesh, on 05.02.2009 stating that they purchased the land in Survey Nos.71,73,85 and 86 of Mankhal Village during the year 1981 and requested to do^justice In that regard, it is submitted that the possession of surplus land

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admeasuring Acs.24-3 I cents in Survey No.70, 71,73, 85 and 86 of Mankhal Village, Maheshwaram Mandal, has been taken over

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under Form X of the Act, 1973, on 28.06.1982 and assigned to landless poor.

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g. Leamed counsel for the petitioners submitted that the 2'd petitioner has acquired the land admeasuring Acs.11-32 guntas in Survey No.68, Acs. l8-16 guntas in Survey No.69, Acs.l0-20 guntas in Survey No.93, Acs.19-00 guntas in Survey No.194 situated at Mankhal Viltage, Maheshwaram Mandal, total admeasuring Acs.59-28 guntas under registered sale deeds bearing document No.257 of 1966 dated,25.06.1966 executed by late Mr. Mohd. Yosuf Khan, Mr. Iftekar Mehdi Khan, Mr. Rafeeq Mehdi Khan, Mr. Rasool Khatoon, Mr. Mohammad Khatoon and Mrs. Najma Khatoon, sons and daughters of late Mr. Mohammed Nisar Mehdi Khan. The 2"d petitioner has also acquired the land admeasuring Acs.11-21^guntas in Survey No.138 by virtue of registered sale deed bearing document No.492 of^{1966 dated} 15.11.1966 along with Mr. Toufeeq^{MehdiKhan,Mr. Arif Mehdi} Khan, Mr. Khalid Mehdi Khan,^{exeeut€dby Mr. MohammedShah}

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Alam Khan S/o. Mohammed^{Yousuf Khan,who is General Power} of Attomey hotder of 1. Mohammed^{Shuja Ullah KhanS/o. Late} Mohammed Yousul Kl.ran,^{2.InayathKhatoon,3. Daulat Khatoon,}

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Saleem Khatoon, 5. Munawar^{Klatoon,6. Hayath Khatoonand}

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Kareem Khatton daughters of^{late Mr. MohamrnedYousuf and} Mrs. Khanzadi Khatoon Wo. Late Yousuf^Khan.

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Leamed counsel for the^{petitioners submitted that late} Mr. Mohammed Yousuf Khan atrd others^{filed declarationsin C.C.} No.3823 of 1975 under Section 8(1)^{of the Act, 1973.On} 11.04.1975 the Land Reforms Tribunal,^{Hyderabad, South} Division, has passed the order dated^{30.05.1977declaringsome of} the family members as surplus land^{owners and somcof themas} non-surplus owners. That ad^{per the proceedingsof the Land} Reforms Tribunat,^petitioners became^{absoluteowners and} possessors of the land admeasuring Acs.167-00^{guntas in Survey} Nos.68 to 319 situated^{at MankhalVillage,Maheshwaram Mandal,} Ranga Reddy District.

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1 1. Leamed counsel for the petitioners further submitted that due to escalation of prices in the vicinity of Mankhal^{Village and} surrounding villages, the land grabbers have created^falseand forged documents and started approaching^{revenueofficials for} mutation and issuance of pattadar^passbooks in^{their favour} Further, the petitioners approached respondent^{authorities and} lodged written complaint but the same^was not^{responded to.} Petitioners have submitted online application^bearing No.2300162332 dated 28.11.2023^{through Dharani portal for} mutating their names in the^{revenuerecords and for issuance of} e-pattadar passbooks and title deeds^{in respectof the subject lands.} Grievance of the^{petitioners is respondentauthorities are not acting} upon their apptication, as such,^{they are constrained to approach} this Court

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Learned Assistant Government^{Pleader for Revenuehas} submitted that appropriate action will^{be taken by the respondent} authorities on the Dharani^{application submitted by the petitioners,} in accordance with law.

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Recording the aforesaid submission of the leamed Assistant Government Pleader for Revenue, without going into the merits of the case, the writ petition is disposed of directing respondent Nos.2 to 5 to consider the petitioners' Dharani application No.2300162332 dated 28.11.2023 for mutating their names in the revenue records and for issuance of e-pattadar passbooks and title deeds in respect of their land admeasuring Acs.l67-00 guntas in Suruey Nos.68 to 319 of Mankhal Village, Maheshwararn Mandal, l{anga Reddy District, by issuing notice to all concerned/interested persons, by giving opportunity of hearing to all parties, and pass orders by recording reasons, within a period of forty five (45) days from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel thereto, miscellaneous applications,

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if an endi in the writ etition stand closed.

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ASS€?l$rvR?3'E+f;tR r //TRUE coPY// sEcrloN Y"'"t*^</sup>

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