Telangana High Court
Mir Ahmed Khan vs The State Telangana on 18 August, 2025
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.17235 OF 2025
AND
WRIT PETITION NO.16739 OF 2025
COMMON ORDER
Both these Writ Petitions are filed by the petitioners against the
action of the 4th respondent Gram Panchayat in not considering the
application of the petitioners dt.11.06.2025 for allotment of new door
number to their property vide LR No.06/2025 dt.11.06.2025 and in not
considering the application of the petitioners dt.02.06.2025 for
restoration of water supply to the petitioners' house bearing No.0-1 (old)
situated at Chandaipet Village, Chegunta Mandal, Medak District, as
illegal, arbitrary and unconstitutional and consequently to direct
respondents 3 and 4 to allot fresh door number to the petitioners'
property and also to restore the water supply to the petitioners' house
after considering the petitioners' representations and to pass such other
order or orders.
2. Brief facts leading to the filing the present Writ Petitions are that
petitioners 1 and 2 are siblings and they claim that their grandfather Mir
W.P.Nos.17235 & 16739 of 2025
Mohammed Ali Khan was the Jagirdar of entire Chandaipet Village,
Medak District and during his lifetime, he has constructed a house
nearly 100 years ago on his land admeasuring one acre (Ac.1.00) and
that the said house is very old but in a habitable condition. It is
submitted that both electricity and water supply have been given to the
said property and after the death of their grandfather, the house was
divided in between all his legal heirs and the subject property fell to the
share of the 1st petitioner's father and the father of the 2nd petitioner and
thereafter, both the petitioners orally partitioned the subject property on
19.10.2024 and executed a partition deed evidencing the said partition.
It is submitted that the petitioners wanted to get the partition deed
registered, but the Sub-Registrar informed that there is no door number
to the subject property being reflected online and therefore, the
document for registration cannot be accepted. It is stated that originally,
a door number bearing No.0-1 was allotted to the said house and the 1st
petitioner also claims to have paid property tax @ Rs.1,940/- in the year
2019 in respect of the same. It is also stated that a survey was conducted
by the 4th respondent and the survey report shows the plan of the subject
house. It is stated that the records pertaining to the subject property were
misplaced by the 4th respondent and therefore, the authorities are not
W.P.Nos.17235 & 16739 of 2025
issuing any property tax notice nor are they allowing the petitioners to
pay the tax and in view of these circumstances, the 1st petitioner has
given fresh application dt.23.01.2025 for allotment of new door number
for the subject property and the same is pending consideration for nearly
two months. It is stated that due to the absence of door number, the
adjoining owners are encroaching into the open land attached to the
house and the 1st petitioner is not in a position to describe his property
before civil Court for seeking an injunction order. In view of the same,
the petitioners claim to have filed W.P.No.9872 of 2025 which was
disposed of by this Court, vide orders dt.02.04.2025, directing the
respondents therein to consider the application of the petitioners and to
pass appropriate orders of granting house number to the petitioners'
property in accordance with law and if the 4th respondent is not inclined
to consider the application and grant a house number to the subject
property, the 4th respondent shall give appropriate reply to the
petitioners. In compliance thereof, the 3rd respondent has passed orders
vide LR No.06/2025 dt.11.06.2025 rejecting the application of the
petitioners on the following grounds:
(a) According to the records available in the Grampanchayat of
Chandipet (Revision register years 1989 to 1990, Demand
W.P.Nos.17235 & 16739 of 2025
registers), there is no residential house at house No. 1-0 (4814 sq.
yards) and in the name of Mir Mohammed Ali Khan, S/o Sri Late
Abdul Qasim Khan.
(b) No Relevant/competent authority issued documents are submitted
to prove that Sri Late Mir Mohammad Ali Khan is the owner of
the house for which you have applied.
(c) No certificate has been submitted to prove that you are the legal
heir of Sri Late Mir Mohammed Ali Khan S/o Sri Late Mir Abdul
Quasim Khan.
Alleging that the said grounds are illegal and baseless, the Writ Petition
in W.P.No.17235 of 2025 is filed. It is submitted that the respondents
have not conducted any enquiry in the manner known by law resulting
in violation of principles of natural justice. It is stated that the
respondents are duty bound to take action on the application given by
the petitioners by conducting enquiry and to allot fresh door number to
the petitioners' property in accordance with Section 119 of the
Telangana Panchayat Raj Act. The petitioners therefore prayed for
allowing of W.P.No.17235 of 2025.
3. It is alleged that while matters stood thus, the respondents have
disconnected the water supply to the petitioners' property and therefore,
the petitioners requested for restoration of the water supply. It is stated
that the 4th respondent refused to consider the request of the petitioners
W.P.Nos.17235 & 16739 of 2025
for restoration of water supply and therefore, the petitioners have filed
W.P.No.16739 of 2025. It is stated that even if the petitioners are to be
considered as encroachers, the 4th respondent is duty bound to provide
water supply and it is stated that the petitioners were already having
water connection and electricity connection and reliance is placed on the
decision of this Court in the case of Mohd Wasim Khas Vs. The
State1, wherein it was held that even an illegal encroacher is entitled to
the basic amenities such as water and electricity supply provided that he
is able to show prima facie title/possession to the property. The 1st
petitioner states that he has given a representation on 02.06.2025 for
resumption of water supply, but the same has not been considered so far.
4. The 4th respondent has filed a counter affidavit in W.P.No.17235
of 2025 stating that as per the revision records available from the year
1989, the house numbers start from H.No.1-1 and there is no door
No.0-1 and accordingly a reply was given to the petitioners on
11.06.2025 clearly stating that there is no residential house number 0-1
in the name of late Mir Mohammed Ali Khan and that the petitioners
herein have not produced the relevant documents of title. It is further
W.P.No.7505 of 2023 dt.05.06.2023
W.P.Nos.17235 & 16739 of 2025
stated that, on the ground there is no residential house in the property
except for two dilapidated walls and at one corner of the property there
is a tin shed and further that only after filing of the present Writ Petition,
the petitioners have started making alterations over the property
including digging of a new sump. It is further stated that the 1st
petitioner has given a representation dt.06.06.2025 to the 4th respondent
requesting not to grant any building permission to one Khairunnisa
Begum or any other villager in respect of the property as there is a civil
suit pending in O.S.No.211 of 2021 against Khairunnisa Begum in
respect of the subject property, seeking to declare the sale deed
dt.19.06.2007 bearing Document No.2524 of 2007 as null and void and
that one Ahmed Unnisa Begum has also filed a suit in O.S.No.168 of
2024 against the petitioners herein and others in respect of the said
property. Therefore, it is prayed that the Writ Petition in W.P.No.17235
of 2025 be dismissed as not maintainable. The representation of the 1st
petitioner dt.06.06.2025 and also the photographs showing the walls in
dilapidated condition are filed along with the counter affidavit. As seen
therefrom, beyond the walls, there is a shed with asbestos sheets.
5. A counter affidavit has also been filed in W.P.No.16739 of 2025
with similar averments.
W.P.Nos.17235 & 16739 of 2025
6. The writ petitioners have filed memos dt.23.06.2025 in both the
Writ Petitions along with photographs of the alleged old building and
also a sump in the said property. The 1st petitioner has also filed
affidavits on 30.07.2025 in both the Writ Petitions stating that as both
the writ petitioners are claiming ownership on the basis of inheritance
through their fathers, their sister filed a suit for partition claiming it to be
Matruka property and there is inter se dispute in between the family
members, but there is no Government claim or any third party claim
over the same. It is stated that if any door number is granted or water
connection is granted to the 1st petitioner on his application, the 1st
petitioner will not claim any title on the basis of such order of Gram
Panchayat and he will adhere to the final decree and judgment passed in
the civil suit for partition filed by his sister in respect of the said
property. It is also stated that the 1st petitioner will undertake that he will
restrict his claim only to the extent of paying tax and not to the extent of
claiming any title through the mutation proceedings that may be issued
by the Gram Panchayat if orders are passed in the Writ Petition for the
said relief.
W.P.Nos.17235 & 16739 of 2025
7. Having regard to the rival contentions and the material on record,
this Court finds that along with the Writ Petitions, the petitioners have
filed copies of electricity bills issued in the name of one Mir Mumtaz
Ali Khan for the period from 02.05.2025 to 02.06.2025 and also for the
period from 09.10.2023 to 07.11.2023 and there is also a water supply
receipt given by the Gram Panchayat, Chandaipet. They also filed copies
of pattadar passbook and pahani to demonstrate that Mir Mohammed Ali
Khan is owner of certain land and also filed copy of partition deed
between the petitioners herein.
8. However, from these documents, this Court is not able to come to
any conclusion with regard to the title of the petitioners over the subject
property. The photographs only demonstrate that there is a shed in the
subject property and the electricity bills only show that there is
consumption of electricity and the name of the consumer is Mir
Mumtaza Ali Khan. Therefore, the authorities are required to verify the
facts mentioned by the petitioners and as seen from the photographs, if
there is a building in the land surrounded by walls which are in
dilapidated condition, the respondents in W.P.No.17235 of 2025 have to
take a decision for grant of house number to the petitioners' property as
W.P.Nos.17235 & 16739 of 2025
per the undertaking given by the petitioners that they will not claim any
title on the basis of such a door number or on the basis of the tax
collected by assessing the said property.
9. As regards W.P.No.16739 of 2025, this Court observes that the
sump appears to have been constructed subsequently and the claim of
the petitioners on the basis of the said photographs that there was a
water connection already cannot be accepted. However, the water
supply receipt filed along with W.P.No.16739 of 2025 needs
verification. Even otherwise, the petitioners, if granted house number to
the subject property, can make a fresh application for water supply and
the respondents in W.P.No.16739 of 2025 may thereafter consider the
same in accordance with law.
10. With the above observations, both the Writ Petitions are disposed
of. No order as to costs.
11. Pending miscellaneous petitions, if any, in both these Writ
Petitions shall stand closed.
___________________________
JUSTICE T. MADHAVI DEVI
Date: 18.08.2025
Svv
