HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10368 of 2024

ORDER

Heard Ms. Ms.Anchal Sharma, learned counsel representing Mr.Nikunj Dugar, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7.

2. This writ petition is filed seeking following relief:

“… to issue a writ in the nature of a writ of mandamus or any other appropriate writ direction order or orders declaring the inaction of the Respondents herein in considering the representation dated 27.03.2024, dispatched on 30.03.2024, as arbitrary, unjust and against Article 300A of the Constitution of India and to consequently directing the Respondents herein to complete proceedings pending under the repealed Evacuee Interest (Separation) Act, 1951 vide Application No.1 of 2000, to address the unresolved issues concerning lands in Sy.No.122/1 measuring Ac.10.21 gts., Sy.No.396/2 measuring Ac.1.16 gts., Sy.No.438 measuring Ac.17.22 gts., and Sy.No.396/4 measuring Ac.13.20 gts., which were not included in Registered Sale Certificate vide Case No.

280/55-544/57-48, dated 17.12.1962 and to pass …”

3. It is stated that one Smt.Saleha Fatima, D/o Muneer Ahmed is the rightful owner of various extents of lands in Kundaram, Bekkal, Samudrala, Jangaon, Mettur and Madur (Known as China Madur), Singarajpalli, Bahiripalli, Pakhal, Palakurthi, Irrevenu, Mutharam, Ippuguda and Raghunathpalli and other parts of Jangaon Taluk of Warangal District, which originally belonged to Nooruddin Hasan and Saifuddin Khalid, who are the sons of Muneer Ahmed and brothers of Smt.Saleha Fatima Begum and they were migrated to Pakistan after the partition of India, while the said Smt.Saleha Fatima Begum remained in India. It is further stated that the said properties were classified as Evacuee Properties under the provisions of Evacuee Interest (Separation) Act, 1951 (for short, ‘the Act, 1951’) and the same were under the custody of a Competent Officer, who was appointed under the Act, 1951. Later, the Competent Officer conducted the sale of said properties under Section 10 of the Act, 1951 and the said Smt.Saleha Fatima Begum acquired the subject properties under registered sale certificate issued under Case No.280/55-544/57-48, dated 17.12.1962 on payment of Rs.38,415/-.

4. It is further stated that the said Smt.Saleha Fatima Begum has passed away on 27.06.1987 without asserting any representation or claim concerning the lands in Sy.No.122/1 to an extent of Acs.10.21 gts., Sy.No.396/2 to an extent of Ac.1.16 gts., Sy.No.438 to an extent of Acs.17.22 gts., and Sy.No.396/4 to an extent of Acs.13.20 gts., (subject properties) as not included in the registered sale certificate, dated 17.12.1962. It is further stated that the legal heirs of the said Smt.Saleha Fatima Begum submitted a representation to the Custodian of Evacuee Property and the Secretary to the Commissioner of Survey, Settlements and Land Records, Hyderabad, on 05.11.1988 with a request to allot the subject properties to them in view of blatant omission in the registered sale certificate dated 17.12.1962. After conducting an inquiry, the Custodian of Evacuee Property and the Secretary to the Commissioner of Survey, Settlements and Land Records, Hyderabad, affirmed the ownership of the said Smt.Saleha Fatima Begum over the subject properties and also directed the revenue authorities to revise the ownership records in favour of the legal heirs of the said Smt.Saleha Fatima Begum vide order, dated 06.05.1989 in C.SS & LR EP2/765/88.

5. It is stated that with an intention to grab the subject properties illegally, some third parties have filed W.P.Nos.9229 and 9338 of 1989 questioning the order dated 06.05.1989 in C.SS & LR EP2/765/8 and the learned Single Judge of this Court disposed of the same vide common order, dated 01.11.1999 quashing the order impugned therein and allowed recourse to a designated Competent Officer under Section 4 of the Act, 1951.

6. Chall