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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Peerzada Syed Irfan – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. land encroachment and ownership dispute. (Para 1 , 2 , 3) |
| 2. claim of misleading documents and influence. (Para 4 , 5 , 6) |
| 3. court's acknowledgment of previous judgments. (Para 7 , 8 , 9) |
| 4. judgment confirms ownership rights. (Para 10) |
| 5. writ petition dismissed with costs. (Para 11 , 12) |
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 crea
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.
The court held that property ownership disputes must be resolved in civil courts rather than through writ proceedings when title questions are contested.
The burden of proof in land ownership disputes lies with the claimant; mere allegations without evidence of title or ownership do not suffice to substantiate claims under the A.P. Land Grabbing Act.
Notifications claiming property as Waqf land are invalid without proper survey and notice to concerned parties, emphasizing due process under the Waqf Act.
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