Mir Jalaluddin Ali Khan alias Mohammed Jalaluddin… — Writ and Judicial Review | Telangana HC (2025)

Mir Jalaluddin Ali Khan alias Mohammed Jalaluddin… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to challenge the memo issued by the respondent authorities pending adjudication; writ petition dismissed as withdrawn with liberty granted; no costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the action of the respondents, particularly respondent No. 6's Endorsement dated 30.06.2023 in Lr.No. A4/768/2021 issued without detailed inquiry, physical inspection and verification of the petitioner's record, refusing change of Registry from corresponding Sy. No. 403/P (PP) to Sy. No. 129/85 and the survey/demarcation, R.o.M. preparation and boundary fixation of the petitioner's Ac. 15-00 Gts. at Shaikpet Village and Mandal, Hyderabad, was illegal, arbitrary and violative of principles of natural justice and of the petitioner's fundamental, legal and constitutional rights.

Ratio / Principle

Pending adjudication of the writ petition the respondent authorities issued a memo; permission was accorded to the petitioner to withdraw the writ petition with liberty to challenge the memo issued by the respondent authorities.

Key takeaways

Accordingly, the writ petition is dismissed (withdrawn) by granting liberty as prayed for, with no costs.ratio¶32-33
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.ratio¶34-35

Detailed headnote1 paragraphs

High Court of Telangana at Hyderabad (Special Original Jurisdiction), W.P. No. 18607 of 2023, decided 10.02.2025 by Sri Justice C.V. Bhaskar Reddy. The petitioner (Mir Jalaluddin Ali Khan alias Mohammed Jalaluddin Akbar) had sought a writ of mandamus declaring illegal the Endorsement dated 30.06.2023 in Lr.No. A4/768/2021 of respondent No. 6 (Deputy Director of Survey and Land Records), issued without detailed inquiry, physical inspection or verification of his representation dated 16.02.2023, and to direct change of Registry in Town Survey Land Records from corresponding Sy. No. 403/P (PP) to Sy. No. 129/85, survey/demarcation, preparation of R.o.M. and boundary fixation of his Ac. 15-00 Gts. at Shaikpet Village and Mandal, Hyderabad, implementing the order dated 17.11.2021 in W.P. No. 29116 of 2021. Pending adjudication the respondent authorities issued a memo; on counsel's request the Court accorded permission to withdraw the writ petition with liberty to challenge the memo, dismissed the petition as withdrawn, awarded no costs, and closed pending miscellaneous petitions.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 18607 OF 2023

Between:

Mir Jalaluddin Ali Khan alias Mohammed Jalaluddin Akbar, S/o Late [r1r Zahooruddin Ali Khan alias Zahooruddin, Aged about 67 years, Occ Business, Rt/o Diamon Hills, l-Jyderabad, Telangana State, Rept., by AGPA holder lvlr. ShaikVali Ahmed Rahmani, S/o Late. Sri Shaik Madaar, Aged about 69 yrs Occ Business, Fi/o Flat No.401 and 402, H. No.10-4- 13 I Bl 1, Hawa Rahaesh, Humayun Nagar, Ir/asab Tank, Hyderabad - T.S.

...PETITIONER

AND

The State of Telangana, rept., by lts Principal Secretary Revenue Department, Secretariat Building, Saifabad, Hyderabad.

The Chief Commissioner, Land Administration Nampally Road, Hyderabad Telangana.

The District Collector, Hyderabad District, Lakdi-Ka-Pull, Hyderabad.

The Joint Collector, Hyderabad District Lakdi-Ka-Pu[], Hyderabad.

5- The Revenue Divisional Officer, Hyderabad

The Deputy Director of Survey and Land Records, Hyderabad District.

The Tahsildar, ShaikpetMandal, Hyderabad.

The lnspector of Survey and Land Records, Hyderabad District

...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein, particularly respondent No. 6 for issuing Endorsement dated 3010612023 in Lr.No. A4176812021 without conducting detailed inquiry, physical inspection, verification

of entire record submitted by the petitioner with representation dated 16102t2o23 for change of Registry of correrated sy.No. 403/p(pp) to sy.No. 129185 in Town Survey Land Records in order to survey/ Demarcation, fixing of boundaries of the petitioners Iand to an extent of Ac 15-00 Gts, situated in T.S No. 2}lp aod 29/p, Ward. 9, Block-H, Shaikpet Village and Mandal, Hyderabad, as highly illegal, arbitrary and violation of principars of hatural justice, vioration of fundamentar, legaI and constitutional rights of the petitioner, in consequence direct the respondents herein to carry out change of Registry of correrated sy.No. 403/p (PP) to Sy.No. 129185, in Town survey Land Records, conduct survey/ Demarcation, preparation of R.o.M, fixing of boundaries of the petitioners rand to an extent of Ac 15-00 Gts, situated in T.S No. 2\rp and 29rp, ward 9, Brock-H, Shaikpet Village and Mandar, Hyderabad, by assigning new sub division, in favor p6titioner by implementing the order dated 17t1112021 passed in w.p No. 291.16 of 2021 in its true spirit.

lA NO:^'l OF 2023

Petition under section 151 cpc praying that in the circumstances staled in the affidavit filed in support of the petition, the High court may be preased to direct respondents herein not to disturb petitioner physicar activrties in petitroner peaceful possession and enjoyment over land to an extent of Ac 15_00 Gts, situated in Sy.No. '1 29l85 (corresponding to Sy. No. 403/p) Shaikpet Village and lVandal, Hyderabad

Counsel for the Petitioner : SRI MIR MUKARRAM ALt

Counsel forthe Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER

HON'BLE^{SRI JUSTICE C'V.BHASKARREDDY} WRIT PETITION No.^{1a607 of2023}

ORDER:

It is stated by the^{learned counsel appearingfor the} petitioner that pending^{adjudication of this writ petition,} the respondent authorities^{have issued memo,therefoie,'he} seeks permission^{of this Court to withdraw this writ} petition with a liberty to^{challengethe memoissued by the} respondent authorities.

Permission as sought^{for is accorded}

AS Accordingly, the writ^{petition isdismissed}

withdrawn by^granting Iiberty^{as prayedfor. No costs.}

As a sequel, the miscellaneous^{petitions pending,if}

any, shall stand closed.

SD/.V.KAVITHA ASS TANT REGISTRAR

I I

//TRUE COPY//

SECTION OFFICER

To,

'1. One CC to SRI MIR MUKARRAM ALl, Advocate' [OPUC]

fwo CCs to GP^{FOR REVENUE,High Court for the State of Telangana'} louTl

Two CD CoPies.

BSK

GJP

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HIGH COURT

DATED:1010212025

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ORDER

WP.No.18607 of 2023

DISMISSING THE WRIT PETITION WITHOUT COSTS