THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not disposing of Appeal filed by the petitioners vide Case No. NA2/52/2021 before the 2^nd respondent/Chief Commissioner of Land Administration, in pursuance of the report of the 3^rd respondent/District Collector in Lr.No.F3/2524/2023 dated 10.08.2023 and as per the directions of this Hon’ble Court, as per the provisions of the Court of Wards Act, 1350 F in accordance with law as illegal, arbitrary, mala fide, without jurisdiction and contrary to the provisions of Telangana Area Court of Wards Act 1350F and the Rules made thereunder and consequently direct the respondents to dispose of the appeal filed by the petitioners vide Case No. NA2/52/2021 by strictly following the procedure as contemplated under law as per the report of the 3^rd respondent dated 10.08.2023 to the extent of lands claimed by the petitioners as per law in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case.”

2. It is stated that land admeasuring Acs. 325.13 guntas in Survey Nos.1 to 42 and 44 to 82, situated at Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District is a property of Sir Vicar-ul-Umrah since the year 1902 AD onwards, which was held by Mr. Sultan-ul-Mulk, who is the eldest son of Sir Vicar-ul-Umrah and the said estate was taken into superintendence of Court of Wards Act in the year 1950 AD through Notification No.4485 dated 04.08.1950 and continued till date and subsequently, it was withdrawn vide proceedings dated 17.12.1959, but due to difference among the successors of Sir Vicar-ul-Umrah, the Government in exercise of the powers conferred under Section 5 of the Andhra Pradesh (Telangana Area) Court of Wards Act, 1350F set aside the proceedings of the Board of Revenue issued under Section 53 of the said Act published with notification BP Rt.Y1/750/59 at Page 72-77 in Para II of A.P. Gazette No.3 dated 26.01.1961 and the notification issued earlier continued under the Court of Wards Act. It is further stated that the legal representatives of Paigah Vicar-ul-Umrah were recorded as de facto claimants of the schedule property to an extent of Acs. 134.00 in Survey No.43, situated at Rasheedguda Village, Shamshabad Mandal. It is stated for establishment of International Airport at Shamshabad, said land was acquired and award was passed vide Proc.No.B/56/1999 dated 26.10.2007 and subsequently published in District Gazette No.164 dated 13.10.2005 and the petitioners were one of the awardees. It is further stated that while the above said proceedings are pending, one of the legal heirs has filed a suit vide O.S.No.47 of 1965 on the file of the Additional Chief Judge, City Civil Court, Hyderabad and the said Court passed a preliminary decree on 10.08.1979 and final decree proceedings are pending before the said Court and in the meanwhile, there was a compromise decree among the heirs in O.S.No.121 of 1958 and the petitioners also obtained succession proceedings under Indian Succession Act in respect of the savings bank accounts. It is further stated that the property under the Court of Wards Act, 1950 is being occupied by unauthorized persons, the petitioners made several representations and also filed an appeal vide Case No.NA2/52/2021 before the Chief Commissioner of Land Administration/Appellate Authority under Section 53 of the Court of the Wards Act, 1950 stating that lands admeasuring Acs. 325.13 guntas in Survey Nos.1 to 42 and 44 to 82 have been taken over and the Chief Commissioner of Land Administration has appointed Coordinator to protect the Paigah lands and in spite of the same, the lands are not being protected and al