The main legal point established in the judgment is the finality of the preliminary decree, the lack of jurisdiction of the civil court to decide the rights of parties with regard to Jagirs, and the violation of principles of natural justice in passing the impugned order.

ORDER :

1. The 3rd respondent-Deputy Collector and Tahsildar, Balanagar Mandal, Ranga Reddy District, now Medchal District, Telangana, vide Proceedings No. B/27308/2009 dated 16.04.2012 ordered for mutation of the names of the petitioners, who claimed to be the legal representatives of late Mahaboob Baig, donee of Nawab Ghousuddin Khan, the defendant No. 52 in C.S. No. 14 of 1958, to an extent of Acs. 30.00 in Sy. No. 172 situated at Hydernagar village and the remaining extent of Acs. 30.00 gts. out of Acs. 60.00 in Sy. No. 172 in favour of partners of Jayahoo estates. The operative portion of the order is as under:

“Keeping in view of the preliminary decree, division of properties in favour of D-52 Ghousuddin Khan by the Receiver-cum-Commissioner, Government memos, memorandum of family settlement, directions of the Hon’ble High Court in W.P. No. 1237 of 2009, dated 4-4-2008, W.P. No. 8636 of 2009, dated 15-10-2009 and W.P. No. 27028 of 2009 dated 11-12-2009, W.P. No. 19123 of 2011 dated 19-07-2011 and orders in W.P. No. 4787 of 2012 dated 10302912, mutation is hereby sanctioned in favour of L.Rs. of Mahboob Baig consisting of 15 members for an extent of Acs. 30.00 and the remaining Acs. 30.00 in favour of partners of Jayaho Estates consisting of (14) as follows in respect of land bearing Sy. No. 172 admeasuring Acs. 60.00 situated at Hydernagar village. The following names are incorporated in the column of pattedr/possessor to an extent of Acs. 60.00 in Sy. No. 172 in pahani by reducing the extents of Mirza Nazeer Baig and others.”

2. On the ground that the Hon’ble Supreme Court of India in S.L.P. No. 22420 of 2011 dated 12.03.2012 has granted status quo orders in respect of the lands covered by C.S. No. 14 of 1958 and that the Government also issued Memo No. 9302/JA.1/2012 dated 27.04.2012 according permission to the District Collector to protect the interest of the Government in respect of the valuable Government lands covered in C.S. No. 14 of 1958, the 2nd respondent-Joint Collector-(I) Ranga Reddy District vide Case No. D5/5023/2013 entertained suo moto revision under Section 9 of the then A.P. Rights in Land and Pattadar Pass Books Act, 1971 and vide interim order dated 17.10.2013, suspended the orders passed by the 3rd respondent-Tahsildar dated 16.04.2012, and subsequently vide order dated 15.09.2016 set aside the orders of the Tahasildar dated 16.04.2012, and directed to take necessary action for correction of entries in the Revenue Records. The relevant portion of the order passed by the 2nd respondent, who is the revisional authority, is as under:

“Examined the case and it is observed that Hon’ble High Court of A.P. based upon the preliminary decree passed on 28.06.1963 in C.S. No. 14/1958 neither the Government nor the Jagir Administration though parties to the suit, but not parties to the compromised preliminary decree. The Hon’ble High Court of A.P. restricted the preliminary decree only to the partition to the compromise and Government not being a party to the compromise. Hence it is not bound by the preliminary decree.

The rights of Government in respect of Jagir Lands were not adjudicated by way of full fledged trial and moreover as per Telangana Area Atiyath and Enquiry Act, 1982 the decision of Nazir Nawab Atiyat Court shall be final and shall not be questioned in any court of law.

The civil court has no jurisdiction to decide the rights of parties with regard to Jagirs. Moreover by date of preliminary decree in C.S.Nol.14 of 1958 dated 28-06-1963 the schedule lands were held already come under the control of Jagir Administration without any encumbrances and all these lands vested with Jagir Administrator.

In view of the above and in result, the orders issued by DC and Tahsildar, Balangar Mandal in file No. B/27308/2009 dated 16-04-2012 are hereby set aside and accordingly this Suo-Moto Revision is allowed. The DC and Tahsildar, Balanagar Mandal is directed to take necessary action for correction of entries in the