Syed Mohsin Hussain, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Syed Mohsin Hussain, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent authorities to dispose of the petitioner's representation dated 24.10.2014 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within three (03) weeks from receipt of a copy of the order, after putting all concerned parties on notice, giving them a fair opportunity of hearing, and communicating the decision to the petitioner.

Issue for consideration

Whether the respondent authorities ought to be directed to consider and dispose of the petitioner's representation dated 24.10.2014 (regarding rectification of the pahani entry for the year 2006-2007 in respect of Sy.No.163 of Babasagar Village, Koutala Mandal, Adilabad District) within a time-bound period.

Court's answer

Without going into the merits of the case, and in view of the submissions of learned counsel on either side, the writ petition is disposed of directing the respondent authorities to dispose of the petitioner's representation dated 24.10.2014 and pass appropriate orders strictly in accordance with law.

Ratio / Principle

The disposal of the representation is to be made as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of the order, by putting all the concerned parties on notice, giving them a fair opportunity of hearing, and communicating the decision to the petitioner.

Key takeaways

Pending miscellaneous applications, if any, shall stand closed; however, there shall be no order as to costs.ratio¶31

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (N.V. Shravan Kumar, J.) — W.P. No. 38874 of 2014, decided 19-03-2025 (Syed Mohsin Hussain v. The State of Telangana, the District Collector, Adilabad, the Tehsildar, Koutala Mandal, and another): Petition under Article 226 seeking a mandamus against the inaction of respondent No.2 on the petitioner's application dated 27-02-2012 and reminders dated 19-12-2013 and 24-10-2014 for rectification of the pahani entries for the year 2006-2007 in respect of Sy.No.163 of Babasagar Village, Koutala Mandal, Adilabad District, in which respondent No.4 was recorded as possessor notwithstanding the division of the land among the sons of the said-to-be original owner, effected mutation, and the death of the petitioner's father (pattadar of Ac.1-05), after which the petitioner and his two brothers sought a succession certificate. Learned counsel for the petitioner restricted the prayer to a direction to dispose of the representation dated 24.10.2014 within a time-bound period; the learned Assistant Government Pleader for Revenue (respondent Nos.1 to 3) submitted that if the representation was still pending, the authorities may be directed to dispose of it in accordance with law. Without going into the merits, the Court disposed of the writ petition directing the respondent authorities to dispose of the representation dated 24.10.2014 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within three (03) weeks from receipt of a copy of the order, after putting all concerned parties on notice, giving a fair opportunity of hearing, and communicating the decision to the petitioner. Pending miscellaneous applications, if any, stood closed; no order as to costs.

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HIGH COURT^{FOR THE STATEOF TELANGANAAT HYDERABAD} iSPeciat^{Original Jurisdiction)}

WEDNESDAY,^{THE NINETEENTHDAYOF,MARCH} TWO THOUSAND^{AND TWENTYFIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICE N.V.SHRAVAN KUMAR}

WRIT^{PETITIONNO:388740F 20,-4}

Between:

Sved Mohsin^{Hussain,S/o LateSyed Shayaq Hussain' ag} ed about 54 Years, labad District.^Now PJ:",.'#gf ,l1-:l""rla;z='"'u1"";':a:r::l::tT,:,fit t, Hyderabad.

...PETITIONER

AND

1 The State^of Jelangana,^{Representedby the Principal Secretary'Revenue} Department,^{Secretariat' Hyderabao'}

The District^{Collector' Adilabad,DistrictAdilabad}

2

aJ The Tehsildar,^{Kautala Mandal,DistrictAdilabad'} 4 Sved 6#il;i'nli; Sabir Hussain, ili^{p"tt", Sio.Late Syed Mushtaq r 1'J,; A;" il;-ij;blsa Hussatn aoed about 75 gar viI la[e Kouta ra Ma nda years'l'} Adilabad District.

...RESPONDENTS

Petition under:^{Article 226 of the constitution of lndia praying that in the} circumstances^{statedin the affidavit filed therewith'the High Courtmay be} pleasedtopassanorderordirectionmoreparticularlyoneinthenatureofwritof mandamus or any other^{appropriatewrit or direction, holdingthat the inactionof} the Respondent^{No.2 in not taking any action on the application dated 27-2-2012} and the remindqrs dated^{19-12-2013 and 24-10-2014filedby the Petitioner for} rectification of the entries^{in the pahanifor the year 2006-2007in respectof the} sy.No.163 of Babasagar^{Village,Koutala Mandal,Adilabad District,is arbitrary,} illegal, motivated, malicious^{and againstthe principlesof naturaljustice and fair} play and also being under the influence^{of the Respondent No.3 and may be} pleased to direct the Respondent^{No.2 to consider and dipose off the application} dated 27-2-2O12 and^{the reminders dated19-12-2013and 24-10-2014 filedby}

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The facts of the case in brief are that one

SMt.Bashirunnisa Begum w/o.Syed Mushtaq Hrrssain claims to be the original owner of subject land who is said to be the paternal grandmother of the petitioner. Al1 the live sons of the original owner have divided the land in S5. No.163 among themselves and each son was allotted with Ac.1-05 cents and mutation was also effected by revenue authoritii s. The father of the petitioner who is pattadar of Ac.1-05 cents., in Sy.No.163 died and after his death the petitioner alonl; with ,his two brothers have filed an application for grant of succession certificate. In the pahani for the year 2006-07, respondent^No.4 name is recorded as possessor which is not in consonance^with the revenue records. In this regard^{petit oner madea} representation on 27.O2.2O12 requesting^{resp':lndentNo.3 to} rectify the same ald reminders^{were sent on 19.12.2013 and} 24.IO.2014 to respondent^{Nos.2 and 3. As there \ ras no reply,} the present writ petition is^filed.

Though various grounds are raised^{in tre writ petition,} learned counsel for the petitioners^{restrictshis prayerseekinga} direction to respondent authorities^{to dispose o1 the petitioner's} representation dated 24.1O.2014^{in a time bounc period.}

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Learned Assistant Governrnent pleader for Revenue appearing on behalf of respondent Nos.1 to 3 submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation, dated 24.10.2014 and pass appropriate orders in accordance with law.

In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner,s representation, dated 24.1.O.2O14 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and give a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.

Accordingly this writ petition is disposed of.

. I\4iscellaneous applications, if any pending, shall stand closed. However, there shall be no order asio costs.

SD/- SRI V.^{HARI PRASAD} PUTY REGISTRAR I //TRUE COPY// SECTION OF^FICER

To,

1 The Prrncipal Secretary,^{Revenue Department,Secretaiiat' Hyderabad' State} of Telangana.

The District^{Collector, Adilabad,DistrictAdilabad}

The Tehsildar,^{Kautala Mandal, Diskict Adilabad}

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One CC to SRI MD.AJN/AL^{AHMED, Advocate} IOPUCI

Two CCs to GP FOR^{REVENUE, High Court for the S':ate of Telanganaat} Hyderabad [OUT]

Two CD Copies

BSR

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HIGH COURT

DATED:19103t2025

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ORDER

WP.No.38874 ot 2014

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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