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SUPREME COURT OF INDIA
PANKAJ MITHAL, S.V.N. BHATTI, JJ.
The State Of Telangana Represented By Forest Divisional Officer - Appellant
Versus
Mir Jaffar Ali Khan (Dead) Thr. Lrs. & Ors. - Respondent
Civil Appeal No. 9996 Of 2025
Decided On : 18-12-2025
| Table of Content |
|---|
| 1. overview of property background and claims. (Para 1) |
| 2. historical context of land and claimant assertions. (Para 2 , 3) |
| 3. comparison of conflicting orders by authorities. (Para 4 , 5) |
| 4. findings by high court under supervisory jurisdiction. (Para 6) |
| 5. arguments presented by appellants and respondents. (Para 7 , 8) |
| 6. framework of statutory authority in adjudicating claims. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 7. counterarguments concerning the claims' legality. (Para 15 , 16 , 17) |
| 8. judicial precedents impacting the current case. (Para 18) |
| 9. analysis of judicial findings in previous disputes. (Para 19) |
| 10. court's discretion and limitations on testing evidence. (Para 20) |
| 11. discussion on jurisdiction and authority of the fso. (Para 21 , 22 , 23 , 24) |
| 12. jurisdictional focus of the fso under the telangana forest act. (Para 25) |
| 13. claimants' arguments based on land title and historical context. (Para 26) |
| 14. opposition's position on land status and government acquisition. (Para 27 , 28) |
| 15. conclusion on the validity of claims and statutory compliance. (Para 29 , 30 , 31 , 32 , 33) |
| 16. final ruling and direction for future actions on land. (Para 34 , 35) |
JUDGMENT :
S.V.N. BHATTI, J.
1. An extent of 102 Acres in Survey No. 201/1 Gurramguda Forest Block, Hayathnagar Mandal, Ranga Reddy District, State of Telangana, is the Subject Matter of the Civil Appeal.
1.1 The Civil Appeal examines the legality of the order dated 15.10.2014 of the Forest Settlement Officer (“FSO”) made under Sections 4 and 6, read with Section 10 of the TELANGANA FOREST ACT , 1967 1[Previously, A.P. Act No. 1 of 1967.] (“ TELANGANA FOREST ACT ”). The consideration of the issues would require examination of the scheme of the Hyderabad (Abolition of Jagirs) Regulation, 1358F 2[ Corresponding to ~1949 AD] (“the Abolition Regulation”), Telangana Atiyat Enquiries Act, 1952 (“Atiyat Enquiry Act”), Telangana Abolition of Inams Act, 1955 (“Abolition of Inams Act”).
1.2 On 30.11.2005, Mir Jaffar Ali/Respondent no. 1 (“Claimant”) filed a claim petition before the FSO claiming a succession right through Salar Jung-III to the Subject Matter of the Civil Appeal. The FSO, at the first instance, vide order dated 03.09.2010, rejected the claim for exclusion from the proposed notification as a reserved forest, and held that the Subject Matter is Government land. The Claimants filed an appeal before the Appellate Authority, IXth Additional District Judge, Ranga Reddy District. The Appellate Authority, by order dated 14.03.2012, set aside the order dated 03.09.2010 of the FSO and remanded the matter to the FSO for fresh enquiry.
1.3 On remand, the FSO, by order dated 15.10.2014, accepted the claim of the Claimants for Subject Matter as Arazi-Makta of Salar Jung-III and requested the Divisional Forest Officer to exclude the subject matter of appeal from the notifications issued under Sections 4 and 6 of the TELANGANA FOREST ACT from Gurramguda Forest Block and send a revised map for Turkayamjal and Gurramguda villages for final proposals under Section 15 of the TELANGANA FOREST ACT to the Government. The Forest Department, aggrieved by the exclusion of subject matter from the reserve forest notification, filed CMA No. 5 of 2015 before the Appellate Authority, the Principal District Judge, Ranga Reddy District, at L B Nagar (“Principal District Judge”). On 23.09.2016, CMA No. 5 of 2015 was dismissed. The State, represented by the Forest Department, filed CRP No. 417 of 2017 in the High Court of the State of Telangana, and, by the order impugned, the release of the subject matter from the reserve forest notification was upheld. Hence, the appeal at the instance of the State represented by the Forest Department.
I. THE LEGAL JOURNEY
2. The above brief narrative leads us to the cause for the commencement of the present litigation, wherein the Claimants claim to be the successors-in- interest of Salar Jung-III of the erstwhile State of Hyderabad. Stated further, on 13.09.1948, the
Administrative claims cannot override judicial determinations of land title; the State's ownership established through regulations is superior.
(1) Title – Revenue Record is not a document of title and does not confer any ownership or title upon person whose name appears in it – Mutation does not create or extinguish title and has absolutely....
A preliminary decree in a suit for partition merely declares shares that parties are entitled to in any of properties included in plaint schedule and liable to partition--On the basis of a mere decla....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
A title suit cannot be based solely on revenue records when statutory notifications establish land as part of a State Reserve Forest.
The High Court cannot interfere with concurrent findings of fact recorded by quasi-judicial authorities in the absence of any jurisdictional error or patent perversity.
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