2025 Supreme(Online)(Tel) 57486
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Aziza Begum – Appellant
Versus
The State of Telangana – Respondent
WP 9067/2025
HON’BLE SRI JUSTICE K. LAKSHMAN
ORDER
Heard Sri B. Vamshidhar Reddy, learned counsel for the petitioners and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.5.
2. Petitioners are claiming that they are the absolute owners and possessors of land admeasuring Acs.76.31 gts., in Sy.Nos.132, 133, 140, 141 and 142/parts (old Sy.No.49, 50/1 and 29/2 parts), situated at Almasguda Maktha, Chennamguda of Chengicherla Village, Ghatkesar Mandal, Malkajgiri District, on the strength of Munthakab bearing No.74 of 1954, dated 11.02.1954 granted in favour of late Mirza Behram Ali Baig, father-in-law of petitioner No.1. He permitted Mr.Ranga Muthaiah to graze their cattle in their land on rental basis. The said Mr.Ranga Muthaiah, being the patwari of the said village tampered the revenue record of the village and included his family members’ names instead of petitioners’ names. Therefore, 1st petitioner’s husband filed several cases against them, got the names reflected in the revenue record. Thus, petitioners are contending that they are the owners and possessors of the subject property. But, the name of late Mirza Bahram Ali Baig is not there. Vide order, dated 05.07.1956 Nizam Atiyat, while setting aside the order confirming the inam and remanded the matter to the Collector with a direction to give an opportunity to the respondents to prove their possession by providing the village record. According to them, respondent Nos.6 to 10 are proceeding with the illegal development for the said property without obtaining permission from respondent No.5. Therefore, they have submitted a representation, dated 04.03.2025 to respondent No.5 with a request to take action against respondent Nos.6 to 10. Despite receiving and acknowledging the said representation, respondent No.5 did not act upon the same. Aggrieved by the said inaction of respondent No.5, petitioners filed the present writ petition.
3. Whereas, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.5 has produced written instructions of respondent No.5, wherein, it is stated that respondent No.5 office is not able to trace out the location of Almasguda Makta, Chennamguda of Chengicherla Village. Moreover, no layouts were present in the said survey numbers of Chengicherla Village. The Commissioner, HMDA is the competent authority to issue layouts. The said written instructions are placed on record.
4. Perusal of the record would reveal that late Mirza Mukaram Ali Baig, husband of the 1st petitioner herein has filed a writ petition vide W.P.No.2372 of 1999 seeking a direction to the respondents therein to demarcate the lands in Sy.Nos.132, 133, 140, 141 and 142 of Chengicherla Village, Ghatkesar Mandal, Ranga Reddy District admeasuring Acs.76.31 gts. Vide order, dated 09.02.1999, this court directed the respondents therein i.e., the Commissioner, Survey Settlements and Land Records, Regional Director Survey Settlements and Land Records, District Collector and Mandal Revenue Officer, Ghatkesar Mandal etc., to demarcate the lands in Sy.Nos. 132, 133, 140, 141 and 142 of Chengicherla Village, Ghatkesar Mandal, Ranga Reddy District admeasuring Acs.76.31gts. Petitioners are not in a position to inform this Court about compliance of the said order.
5. Perusal of record also would reveal that vide order, dated 17.09.1999, the Deputy Secretary to Government, Revenue (SS) Department informed that the revision petition filed by Sri Ranga Venkatesh and three others against the orders of CSS and LR-Stay orders were vacated. Vide proceedings, dated 13.08.1998, the Regional Deputy Director, Survey and Land Records, Hyderabad informed the Deputy Secretary and Mandal Revenue Officer, Ghatkesar that spot inspection was conducted in aforesaid survey numbers on 27.07.1998 by the Regional Director, Survey and Land records, Hyderabad, but the detail survey work is necessary in the matter. Therefore, he has instructed the Surveyor and Deputy surveyor to conduct