THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.8353 OF 2025

ORDER :

This writ petition is filed by the petitioners seeking to declare the action of respondent Nos.2 to 8 in not considering the representation of the petitioners dated 11.02.2025 for cancelling the layout issued vide permit No.000069/LO/Plg/HMDA/2024 dated 11.02.2025 in respect of the land admeasuring Ac.00-27 guntas in Survey No.448, Acs.2-29 guntas in Survey No.449, Acs.3-17 guntas in Survey No.486, Acs.1-32 guntas in Survey No.487, Acs.3-39 guntas in Survey No.488, total admeasuring Acs.12-24 guntas, situated at Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, as being illegal, arbitrary, violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution of India.

2. Heard Mr. Mohammed Naseer Pasha, learned counsel for the petitioners, Mr. V. Narsimha Goud, learned standing counsel for HMDA, appearing for respondent No.2, Mrs. M. Bhagya Sri, learned standing counsel for respondent No.4, Mr. M. Sahas Reddy, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.5 to 8, Mr. D. Aniketh Reddy, learned counsel for respondent Nos.10 and 11, and Mr. B. Balaji, learned counsel for respondent Nos.12 to 15.

3. The case of the petitioners is that they are legal heirs of late Mr. Yousuf Khan S/o. Mohd. Khan, who was the absolute owner and possessor of the land admeasuring Ac.0-27 guntas in Survey No.448, Acs.02-29 guntas in Survey No.449, Acs.03-17 guntas in Survey No.486, Acs.01-32 guntas in Survey No.487, Acs.03-39 guntas in Survey No.488, total admeasuring Acs.12-24 guntas situated at Mankhal Village, Maheshwaram Mandal, Ranga Reddy District. During his lifetime, late Mr. Yousuf Khan and two (2) others have jointly purchased the agricultural land admeasuring Acs.10-13 guntas in Survey No.486 and Acs.05-17 guntas in Survey No.487 total admeasuring Acs.15-30 guntas situated at Mankhal Revenue Village, Maheshwaram Mandal, Ranga Reddy District, under registered sale deed bearing document No.2845 of 1984 dated 02.05.1984. They also purchased another piece of land admeasuring Acs.02-00 guntas in Survey No.448/Part, Acs.08-08 guntas in Survey No.449/Part and Acs.11-36 guntas in Survey No.488, total admeasuring Acs.22-04 guntas situated at Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, under registered sale deed bearing document No.2908 of 1984 dated 07.05.1984. Out of the said land, Mr. Yousuf Khan S/o. Mohd. Khan, had share of Acs.12-24 guntas i.e., Ac.0-27 guntas in Survey No.448, Ac.2-29 guntas in Survey No.449, Acs.03-17 guntas in Survey No.486, Acs.1-32 guntas in Survey No.487, Acs.03-39 guntas in Survey No.488.

4. It is stated that respondent No.7 - the Tahsildar, Maheshwaram Mandal, after due enquiry issued mutation proceedings No.241/89 in favour of late Mr. Yousuf Khan S/o. Mohd. Khan, and he was also issued pattadar passbook vide Patta No.323. The name of late Mr. Yousuf Khan was recorded in the Pahani as pattadar and possessor. Respondent No.7 also issued separate mutation proceedings in ROR No.240 and 241 of 1989 in favour of other two (2) owners namely, (1) late Mr. Sayeed Bin Salam Bin Maquashin S/o. late Mr. Salam Bin Maquashin, (2) late Mr. Abdul Raheem Bin Salam Ba Nayeem S/o. late Mr. Salam Ba Nayeem (father of respondent No.10), and separate pattadar passbooks were also issued to three (3) of them.

5. It is submitted that all the aforesaid lands have been jointly purchased by Mr. Yousuf Khan and two (2) others, and during their lifetime Mosque and Madarasa, under the name and style of, Jamia Ellahia was constructed. Mr. Yosuf Khan S/o. Mohd. Khan, died on 02.08.2007, and the GHMC authorities issued death certificate on 28.09.2007 vide registration number 681. After the death of Mr. Yousuf Khan, respondent No.10 regularly approached the petitioners regarding the subject property. Respondent Nos.10 and 11 colluded with each other and approached respondent No.2 and obtaine