Petitioner challenges mutation of land title via patta passbooks issued to respondents under Muslim Law succession. The court held that disputes over biological parentage and validity of alleged oral gifts require adjudication by a competent Civil Court in a civil suit.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENIY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 24701 0F 2024
Between:
Sri Mohammed-Anryar A]i, S/o Late Mohammed Ali, aged about 47 years, Occ;Auto Driver, R/o 3-16/1 , RANA Nagar lsmailkhanpet Villagel Sangareddy.
.....PETITIONER
AND
.....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 pass any order or orders, more particularly in the nature of writ of Mandamus, declaring the action of Respondent No.4 herein in causing the mutation of the title and issuing patta passbooks bearing Nos. T0923009 2234 and T09230092235 over the subject property bearing sy. No. 424, lo lhe extent of Ac. 2 - 38 Gts. situated at Rana Nagar, lsmailkhanpet Village, Sangareddy Mandal and District in the favour of the respondents No. 5 and 6 herein, in furtherance of
the open fraud played by them, without conducting any enquiry or issuing any notice and acting against the revenue laws of the land and lslamic Law of lnheritance, as arbitrary and against the principres of naturar justice, setting aside the same and consequentry direct the Respondent No.4 to immediatery conduct a renewed enquiry and issue fresh patta passbooks over the subject property in the favour of the bona fide regar heirs of the father of the petitioner herein.
l.A.NO:1 OF 2024
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 preased to suspend the pattadaar passbooks of the respondents no. 5 and 6 bearing No.s T09230092234 and 109230092235 issued over the property bearing Sy. No. 424, to the extent of Ac- 2 - 38 Gts. situated at Rana Nagar, rsmairkhanpet Viilage, Sangareddy Mandar and District beronging to the petitioner,s deceased father and direct the respondent No. 4 herein to initiate a fresh enquiry over the sucession of the subject property in accordance with the section 6 of rerangana Rights in Land and Pattadaar Passbooks Act 2020 pending disposar of the above writ petition.
l.A.NO:2 OF 2024
Between:
sri Mohammed Anwar Ari. S/o Late Mohammed Ari, aged about 47 years, occ:Auto Driver, RYo 3-1 6/1 , RANA Nagar tsmaitkhi"p"tVirrdg": Si.gii"OJvl""'"
.....PETITIONER
AND
...,.RESPONDENTS
It
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 implead theproposed respondents No. 7 to 11 as herein as the respondents No. 7 to 11 in the WP No. 24701 of 2024.
l.A.NO:1 OF 2025
.....PETITIONERS/RESPONDENTS NOS.5 & 6
AND
.....WRIT PETITIONEFI/RESPONDENT NO.1
....,RESPONDENTS
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 order passed in WP No.24701 of 2O24 dated 06.09.2024 and dismiss the Writ Petition with exemplary cost.
Counsel for the Petitioners : SRI MOHAMMED ABDUL WAHAB
Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE
Counsel for the Respondent Nos.S & 6 : SRI A.NAJEEB KHAN
The Court made the following ORDER
THE HON'BLE SRI JUSTICE C .V.BHASKAR REDDY
WRIT PETITION NO. 24701 of 2024
ORDER:
This writ petition is filed seeking to declare the action of respondent No.4 in causing mutation of title-and issuing patta passbooks bearing Nos.TO9230092234 and T09230O92235 over the subject property bearing Survey Nos.424, to an extent of Ac.2.38 guntas situated at Rana Nagar, Ismailkhanpet Village, Sangareddy Mandal and District in favour of respondent Nos.S and 6 herein, as iltegal and arbitrary ald for other appropriate reliefs.
It is stated that the petitioner,s father was the owner and possessor of l:rnd admeasuring Ac.9.06 guntas, situated at Rana Nagar, ismailkhanpet Village, Sangareddy Mandal and District, having inherited the same from his father as per the customs prevailing in Muslim Law. It is further stated that the petitioner's father is having two daughters and three sons, two of whom are the petitioner herein and respondent No.5 herein, who is not the biological son. The grievance of the petitioner is that despite the same, after the death of his father, respondent No.S along with respondent No.6, without any intimation to the petitioner and by making a false claim that respondent No.6 is
I
)
the biological son of thepetitioner's father,not only obtained illegal successionproceedings butalso mutationproceedingsin their favour.
Learned counsel appearing forrespondent Nos.5 and 6 strenuously contended thatduring thelifetime ofthe petitioner's father he execute d a OralHiba infavour of respondent Nos.S and 6 aspermissible under Muslim Law; subsequent, basing on thesaid Hiba, after conducting enquiry, the respondentauthoritieshave rightly mutated the names of respondents Nos.5and 6 in the revenuerecords and issued pattadar pass books intheir favour as per the provisions of the Telangana Rights inLand and PattadarPassbooks Act; since then, respondent Nos.5and 6 are in enjoyment of the said property; despite the same, thepetitioner by makingfalse and baseless allegations and disputing thatrespondent No.6 is not biological son of thepetitioner's father, hled the present writ petition challenging the successionproceedings and the consequential mutationproceedingsissued in theirfavour; and as such, the petitioner isnot entitledto any relief in the present writ petition.
Considered the submissions of thelearned counselfor the parties and perused the record. -
-.-r
The issues that arise for considerationin this writ petition are whether respondent No.6is the biological son of petitioner's father and u'hcther the OralHibaalleged to have been executed by petitioner's father in favour ofrespondent Nos.5and 6 is genuine or not, which are required to beadjudicated by a competent C'ivil Court in aproperly institUtedin a civil suit and this Court '"r,hile exercisingjurisdictionunder Article226 of the Constitution of lndia cannotdecide the same.
Therefore, this Court without expressingany opinion on the merits of the matter, deems itappropriateto dispose of the writ petition, by relegating theparties toapproachthe competent Civil Court to adjudicatetheir claims, in accordance with law.
The u,rit petition is accordingly disposedof.
Pending miscellaneous applications, if any, shallstand
closed. Tht:rt: shall be no order as to costs.
SD/.T. TIRUMALA DEVI PUTY REGISTRAR //TRUE COPY' I SECTION OFFICER
To
-6. One CC to SRI MOHAMMED ABDUL WAHAB, Advocate tOpUCj One CC to SRI A.NAJEEB KHAN, Advocate tOpUCl Two CD Copies
ry-I SA tsS
H
HIGH COURT
DATED:1610412025
ORDER
WP.No.24701 of 2024
1ii e st rre
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O 2 7 t'lAY 2025 c
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O€ SP'\T
DISPOSING OF THE W.P
WITHOUT COSTS.
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1 issue framed by the court
Whether the High Court can adjudicate disputed claims of biological parentage and genuineness of an oral Gift Deed (Hiba) under Article 226 of the Constitution.
Sri Mohammed-Anryar A]i
The State of Telangana
The District Collector, Sangareddy
The Revenue Divisional Officer, Sangareddy
The Tahsildar, Sangareddy Mandal
Sri Mohammed Aslam AIi
Justice C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
