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2019 Supreme(Telangana) 288

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.NAVEEN RAO, J.
Fareeda Begum D/o. Shaik Hussain, & Others - Petitioners
Vs.
The State of Telangana, & Others - Respondents
Writ Petition No.17957 of 2019
Decided On : 28-08-2019

Headnote:

Land and Pattadar Passbooks Act, 1971 – Petitioners seek declaration of action of respondents 7 to 10, District Revenue officials in not issuing pattadar pass books and title deeds, entries in e-pahanies in respect of petitioners landed property covered by Sy.Nos.1/5 to 1/15 admeasuring District, inspite of issuing supplementary Setuwar even though applications received under Form VI-A of Telangana State Rights in Land on several dates, as illegal, arbitrary and unjust –Held, documents and report do not justify, prima-facie, claim of petitioners that they succeeded to land originally belonged to late Nizam and that they entitled to issuance of pattadar pass books and title deeds, further except placing reliance on supplementary setuwar stated to been issued, they not shown material pointing out reflection of their names in revenue records, question of issuance of pattadar pass books would arise only if names mutated in revenue records, petitioners make representations and allege inaction to issue pattadar passbooks and title deeds, in teeth of documents placed on record, which do not support their claim of ownership, relief sought in writ petition cannot granted – Writ petition dismissed (Para 12, 13, 14)

Facts of the case:

Petitioners seek declaration of action of respondents 7 to 10, District Revenue officials in not issuing pattadar pass books and title deeds, entries in e-pahanies in respect of petitioners landed property covered by Sy.Nos.1/5 to 1/15 admeasuring District, inspite of issuing supplementary Setuwar even though applications received under Form VI-A of Telangana State Rights in Land on several dates, as illegal, arbitrary and unjust

Findings of the court:

Documents and report do not justify, prima-facie, claim of petitioners that they succeeded to land originally belonged to late Nizam and that they entitled to issuance of pattadar pass books and title deeds, further except placing reliance on supplementary setuwar stated to been issued, they not shown material pointing out reflection of their names in revenue records, question of issuance of pattadar pass books would arise only if names mutated in revenue records, petitioners make representations and allege inaction to issue pattadar passbooks and title deeds, in teeth of documents placed on record, which do not support their claim of ownership, relief sought in writ petition cannot granted

Result :Appeal dismissed

ORDER :

Heard learned counsel for the petitioners, learned Government pleader for revenue for respondents 1 to 11 and learned Government pleader for Forest for respondents 12 & 13.

2. Eleven petitioners instituted this writ petition. Ten petitioners are represented by the 11th petitioner as Power of Attorney Holder. Petitioners seek declaration of action of respondents 7 to 10, the District Revenue officials in not issuing pattadar pass books and title deeds, entries in e-pahanies in respect of petitioners landed property covered by Sy.Nos.1/5 to 1/15 admeasuring Ac.185-03 guntas of Kancha Chilukur Village, Moinabad Mandal, Ranga Reddy District, inspite of issuing supplementary Setuwar dated 07.08.2005 even though applications were received under Form VI-A of the Telangana State Rights in Land and Pattadar Passbooks Act, 1971 (for short the Act, 1971) on several dates, as illegal, arbitrary and unjust.

3. In the affidavit filed in support of the writ petition, petitioners do not state how they claimed to have succeeded to the property in issue. But a reading of the representations which are made part of the writ petition paper book would show that according to them, they are successors to his Excellency Nizam Mir Osman Ali Khan-VII and the said extent of land is private land of Late Mir Osman Ali Khan. According to petitioners, supplementary setuwar was issued on 07.08.2005, wherein, the revenue records, reflect the names of petitioners on respective extents of lands in the sub-divisions 5 to 15 of Sy.No.1. It is further averred that as per the directions of the Collector (Surveyor), Ranga Reddy District, the Assistant Director, Survey and Land Records, Ranga Reddy District, conducted survey and reported to the Collector, the result of survey conducted by him. A reading of the report would show that survey was conducted and demarcation was made showing the existence of private land with sub-divisions. Though subdivisions were made, the revenue records have not reflected the same for several years, petitioners have been applying to issue pattadar pass books and title deeds, but for no reason, the same are denied. Several representations are made to the District Revenue Authorities and to the Commissioner of Land Administration. On account of inordinate delay, grave injustice is caused.

4. In other words, petitioners set up their claim to the extent of land admeasuring Ac.185.03 guntas in Sy.No.1 of the Kancha Chilukur, by claiming as successors to late Nizam. However, no material is placed on record to show that they are successors to late Nizam, that property fell to their share and the property is divided by way of family settlement among the petitioners with respect to extents of land falling to their respective shares. It is not known how a surveyor who conducted survey to identify private land would straight away divide the land into sub-divisions and earmark different extents of land in each sub-division in the name of individual petitioners.

5. The averments in the affidavit filed in support of the writ petition are vague. They have not shown how they are making a claim of ownership and to issue pattadar pass books and title deeds.

6. On instructions, learned Government Pleader for Forest, asserts that entire extent of land is forest land and in collusion with some officials of the department, private persons are trying to grab the forest land. The material placed on record, as noted above, justifies the stand of learned Government Pleader.

7. It is interesting to notice the report submitted by Sri A. Kishan, IFS on 23.05.2018, who worked as District Forest Officer, Ranga Reddy District, to the Commissioner, Survey Settlement and Land Records, Hyderabad. A reading of this report would show that the survey authorities have colluded with private persons to knock away the land which is forming part of forest land and that appropriate measures have to be taken to protect the forest land. He has given the names of survey officials a

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