The court affirmed that claims of land encroachment must be grounded in verified documentation and not mere assertions, emphasizing that judicial relief cannot be sought with unclean hands.

ORDER :

NAGESH BHEEMAPAKA, J.

Petitioners claim to be the relatives of Peerzadgan family members who are administrators of Dargah Hazrath Baba Sharfuddin, popularly known as ‘Pahadi Shareef Darga’. According to Gazette Notification in Survey No. 99/1, Dargah land spreads over to Acs.2131-38 guntas, however, over a period of time, much of the land was either encroached, occupied or grabbed. Whereas, according to another notification of list of kanchas dated 29.10.1956, land admeasuring Acs.20.00 in Survey No.1 of Raviryala Village was given to Mujawars/ Peerzaadgan for their survival and for residential purposes and subsequently, pattadar passbooks and title deeds were issued in favour of their relatives and their ancestors disposed of the said land in Raviryala Village long back.

2. While the matter stood thus, petitioners came to know through newspapers that Respondents 9 and 10 created some fake and fictitious documents concerning the land admeasuring Acs.15.00 in Survey No. 1/3 of Raviryal Village and encroached on Acs.20.00 of Pahadishareef Dargah land in Survey No. 99/1 of Mamidipally Village, Balapur Mandal, Ranga Reddy District. Respondents 9 and 10 have also demolished one old graveyard. It is pertinent to state that just appurtenant to this grabbed darga / waqf land, there is Acs.8.00 of Idgah land which is also waqf property. The said land grabbed is very much part of Mamidipally village land in Survey No. 99/1 and it is located behind Pahadi Sharif Police Station. It is stated that in 2008, out of total dargah land admeasuring Acs.2131.38 guntas in Survey No. 99/1 at Mamidipally Village, Balapur Mandal, Ranga Reddy District endowed with Waqf Board, the then Andhra Pradesh Government handed over Acs.1062.00 to GMR company for development of International Airport. When the said land is situated in Survey No. 99/1 of Mamdipalli Village which is 5 K.Ms. away from Dargah, the illegal claim of Respondents 9 and 10 that Acs.15.00 to be part of Survey No. 1/3 of Raviryal Village, Maheshwaram Mandal is absolutely untenable and fallacious and the land grabbing activities of Respondents 9 and 10 need to be examined by the immediate intervention from Respondents 3 to 8, more particularly the 4^th respondent - Chief Executive Officer, Telangana State Waqf Board, Hyderabad.

3. It is stated that on coming to know the land grabbing activities, petitioners filed representations to Respondents 1 to 8 on 22.12.2022, requesting them to intervene and order thorough enquiry into illegal and unlawful land grabbing activities of Respondents 9 and 10 in respect of Acs.20.00 guntas in Survey No. 99/1 of Mamidipalli Village, Balapur Mandal under the guise of fake and fictitious documents in respect of Acs.15.00 in Survey No. 1/3 of Raviryal Village and restore the land to Dargah Pahadi Shareef, but there is no action till date thereon.

4. According to petitioners, Respondents 9 and 10 are influential persons having good contacts in government, hence, Respondents 3 to 8 are not taking any action. It is their apprehension that Respondents 9 and 10 may create some third party interest by converting land into plots and register them in favour of third parties. Hence, the Writ Petition.

5. The 9^th respondent filed the counter-affidavit denying the averments made in the Writ affidavit. It is stated that petitioner basing on assumptions and presumptions have filed the present Writ Petition only to harass the answering respondent to cause monetary loss. It is stated that petitioners have approached this Court suppressing the real and material facts with unclean hands. It is stated that originally, Peer Zaada Syed Ibrahim Ali and three others are pattadars a