Telangana High Court
N.M. Walidddin Khan vs The State Of Telangana on 16 April, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.634 of 2025
ORDER:
This writ petition is filed seeking following relief:
"This Hon'ble Court may be pleased to issue a Writ, direction or orders, more
particularly a Writ in the nature of Mandamus, declaring the action of the
respondents 2 and 3 in attempting to dispossess the petitioner from subject
lands in Sy. No. 605, admeasuring Ac 8.10 guntas and land under Sy. No.
626/1/A (part), admeasuring Ac.5-15 gts, situated at Village and Mandal,
Shamshabad, Ranga Reddy District, as arbitrary, illegal and violative of Articles
14 and 300-A of the Constitution of India and against the judgments of the
hon'ble Supreme Court of India. Consequently direct the respondents No. 2 and
3 to follow due process of law if at all they intend to claim and recover
possession of subject lands in Sy. No. 605, admeasuring Ac 8.10 guntas and
land under Sy. No. 626/1/A (part), admeasuring Ac.5-15 gts, situated at Village
and Mandal, Shamshabad, Ranga Reddy District, from the petitioner pass such
other suitable order or orders as this Hon'ble Court may deem fit and proper
under the circumstances of the case."
2. It is stated that the father of the petitioner filed Application
No.95 of 1991 in C.S.No.7 of 1958 seeking to pass a final decree in respect of
four properties obtained by him under a registered Assignment Deed
pursuant to the preliminary decree passed in C.S.No.7 of 1958. It is further
stated that the subject land in the writ petition is land admeasuring
Acs. 8.10 guntas in Survey No.605 and Acs. 5.15 guntas in Survey
No.626/1/A (part), situated at Village and Mandal, Shamshabad, Ranga
Reddy District. It is further stated that a Division Bench of this Court has
passed a preliminary decree on 06.04.1959 in C.S.No.7 of 1958 dividing the
properties among the share holders and schedule-A property is a part of
Item No.236 and Schedules-B to E properties are part of Item No.4 listed in
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Schedule-A of the said preliminary decree dated 06.04.1959 passed in
C.S.No.7 of 1958 and as per the said preliminary decree, there are no
disputes or any claim of the Government on the subject land claimed by the
petitioner.
3. Learned Assistant Government Pleader for the Revenue
appearing for the respondents vehemently contended that the petitioner is
not entitled for any order on the subject land and in fact, the Government
acquired the subject land and the same is under its possession.
4. The possession is always a disputed question of law and
question of fact. Such issues cannot be decided unless material evidence is
required to be examined.
5. Learned counsel for the petitioner seeks leave of this Court to
withdraw the present writ petition with a liberty to avail the remedy of
approaching the competent civil Court. Learned counsel further contended
that in a connected writ petition vide W.P.No.29198 of 2024, this Court has
granted status quo order on 21.10.2024.
6. Granting liberty as such, the Writ Petition is dismissed as
withdrawn. Both the parties are directed to maintain status quo over the
subject land i.e., land admeasuring Acs. 8.10 guntas in Survey No.605 and
Acs. 5.15 guntas in Survey No.626/1/A (part), situated at Village and
Mandal, Shamshabad, Ranga Reddy District, obtaining as on today, in all
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respects, for a period of eight (8) weeks from the date of receipt of a copy of
this order to enable the petitioner to avail appropriate remedy in accordance
with law.
Miscellaneous petitions pending, if any, shall stand closed. There
shall be no order as to costs.
____________________________
C.V.BHASKAR REDDY, J
Date: 16.04.2025
KL
