Telangana High Court
Janaba Shahmeen Ghaziuddin Khan vs The State Of Telangana on 4 February, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.2977 of 2025
ORDER:
This Writ Petition is filed praying this Court to declare the
action of respondent Nos.2 to 5 in not considering the
petitioners' representation, dated 05.09.2024 seeking to
implement the entries of pahanies in the online in respect of the
land to an extent of 750 Bigahs equivalent to Acs.503.00 guntas
in Sy.Nos.1 to 26, situated at Syedguda Village, Shamshabad
Mandal, Rangareddy District, as illegal, arbitrary and violative
of Articles 14 and 21 of the Constitution of India and
consequently prayed for other appropriate reliefs.
2. It is stated that the husband of the petitioner No.1 by
name Nawab Mohammed Ghaziuddin Khan has acquired the
rights over the land to an extent of 750 Bigahs equivalent to
Acs.503.00 guntas in Sy.Nos.1 to 26, situated at Syedguda
Village, Shamshabad Mandal, Rangareddy District by virtue of
the Munsif Court Decree, dated 04.11.1954 in Case No.4 of
1949 and the order of Nizam Atiyat, dated 17.03.1960 in File
No.11/56. It is further stated that the husband of petitioner
No.1 executed a Hibanama, dated 27.01.2022 in favour of the
petitioners. Therefore, the petitioners have submitted a
representation, dated 05.09.2024 before the respondent
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authorities seeking mutation and consequential issuance of
e-pattadar passbooks in their favour. The grievance of the
petitioners is that even after receiving the said representation,
the respondent authorities are not considering the same.
3. Considered the submissions of the learned counsel for the
respective parties and with their consent, this writ petition is
being disposed of at the admission stage.
4. Sri L.Ravinder, learned Assistant Government Pleader for
Revenue appearing for the respondents has submitted that
except stating that the husband of petitioner No.1 has acquired
the rights over the subject land through a judgment and decree
in Case No.4/1949, dated 04.11.1954 and the order of Nizam
Atiyat in File No.11/56, dated 17.03.1960, the petitioners have
not filed any documents in support of their claim.
5. A perusal of the contents of the affidavit filed in support of
the writ petition would show that the petitioners, relying upon
the judgment and decree in Case No.4/1949, dated 04.11.1954
and the order of Nizam Atiyat in File No.11/56, dated
17.03.1960, which equally amounts to a decree of the civil
Court, are now seeking implementation of the same after a
period of 65 years from the date of granting the decree. Since
the husband of petitioner No.1 or the petitioners have not taken
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any steps at the earliest point of time as per the provisions of
the Telangana Land Revenue Regulations or Telangana Land
Revenue Act 1317 Fasli or Telangana Rights in Land and
Pattadar Passbooks Act, 1971 and the Rules made thereunder
or Telangana Rights in Land and Pattadar Passbooks Act, 2020,
for recording their names in the revenue records and therefore,
at this length of time the revenue authorities are not conferred
with the power either for mutation or for grant of succession
and consequential issuance of pattadar passbooks under the
provisions of the aforesaid enactments. Hence, the writ petition
is misconceived and liable to be dismissed with costs.
6. Accordingly, this Writ Petition is dismissed with costs of
Rs.5,000/- payable to the credit of Account No.62423627372
(Library) of the Telangana High Court Advocates' Association,
Hyderabad, within a period of two weeks from the date of receipt
of a copy of this order and proof of payment thereof shall be
filed before the Registry.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
04.02.2025
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