THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32624 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue a Writ, Order or Direction more particularly one in nature of Writ of Mandamus declaring that the impugned proceeding No.D1/2748/202, dated 03.02.2025, issued by the 3rd Respondent in respect of the Agricultural lands in Survey No.343 an extent of Acres.18.24 Gunats, Survey No.344 an extent of Acres.18.28 Gunats Survey No.351 an extent of Acres.2.04 Gunats and Survey No.352 an extent of Acres.12.24 Guntas, situated at Itikyal Village, Jagdevpur Mandal, Siddipet District as illegal, arbitrary, contrary to the provisions of the Administration of Evacuee Property Act, 1950 and the Rules made thereunder Telangana Bhu Bharathi Records of Rights in Land Act, 2025 being violative of the Articles 14, 21 and 300A of the Constitution of India and unconstitutional by holding that the impugned proceeding No.D1/2748/2024 dated 03.02.2025 as null and void nonest in the eye of law by declaring that the subject lands are not Nirvasithula Asthi Evacuee property within the preview of the Administration of Evacuee Property Act, 1950 and the Rules framed thereunder and further direct the Respondent authorities to record the names of the petitioners as Pattadhars in respect of the subject lands and issue Pattadhar Pass Books by duly incorporating the subject lands in Bhu Bharathi ROR Portal treating the same as Patta lands as reflected in the Sethwar pertaining to the subject lands and pass...”

2. Heard Sri G.Rajasekhar Reddy, learned counsel for the petitioners and Sri H.Somaiah Ezra Shastri, learned Assistant Government Pleader for Assignment, for the respondents and perused the record.

3. Learned counsel appearing for the petitioners would submit that originally one Khan Bhadur Khan was the pattedar and possessor of agricultural land to an extent of Acs.18.24 guntas in Sy.No.343, Acs.18.28 guntas in Sy.No.344, Acs.2.04 guntas in Sy.No.351 and Acs.12.24 guntas in Sy.No.352, situated at Itikyal Village, Jagdevpur Mandal, Siddipet District. The Sethwar of the subject lands reflect the name of Khan Bahadur Khan as pattedar and possessor, and the nature of the subject lands is recorded as Patta. Vide a family settlement, dated 01.08.1935, between Sarvasri Khan Bahadur Khan and his brother Fakeer Khan, sons of Muneer Khan, the subject lands have fallen to the share of Khan Bahadur Khan. After the demise of Khan Bahadur Khan on 28.10.1951 and pouthi record of the year 1952, reflects that the said Khan Bahadur Khan is survived by son Jumna Khan, who had migrated to Pakistan and brother Fakeer Khan, the subject lands are mutated in the nameof Fakeer Khan and Mohammed Anwar Khan, son-in- law of Khan Bahadur Khan is recorded as Shikmadar. The said Fakeer Khan died issueless and subsequently the name of Mohammed Anwar Khan is mutated in the Revenue Records and the Chesala Pahaies for the year 1955-1958 reflect the name of Mohammed Anwar Khan as pattedar and possessor of the subject lands.

4. Mohammed Anwar Khan is surveyed by two sons namely Sarvasri Afzal Khan and Mohammed Sarwar Khan, the subject lands have fallen to the share of Mohammed Afzal Khan, who died in the year 1974 and is survived by one son Mohammed Shah Vali Khan and 6 daughters, the present petitioners herein are sons of Mohammed Shah Vali Khan, who had demised in the year 2021, as such the instant petitioners are legal heirs of the subject lands. It is also imperative to submit that the name of Mohammed Shah Vali Khan is recorded as pattedar in respect of the subject lands in the subsequent years, in pahanies of the some years, for instance of phani of year 1986-87, the name of Shah Vali Khan is recorded as Shahmal Das. Under the Mohammedian Law, the subject property devolves upon the legal heirs after the death of our father Mohammed Shah Vali Khan, who died on 13.09.2021.

5. The subject land is patt