MOST

URGENT
GOVERNMENT OF TELANGANA
REVENUE DEPARTMENT
From, To
R. Govardhan, The Collector,
Tahsildar, & District Magistrate,
Kukatpally Tahsil. Medchal-Malkajgiri District.

Lr.No.B/1671/2021, Dt: 5-05-2022

Sir,
Sub:-Government lands - Medchal-Malkajgiri District – Malkajgiri
Division – Kukatpally Mandal – Hydernagar Village –
Sy.No.145, 163, 172 – Hon’ble Division Bench of High Court
Orders Dt.20.12.2019 in OSA 54, 56, 57, 58 and 59 of 2004
and Orders Dt.30.03.2021 in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 - Request to grant
permission to file Special Leave Petition before the Hon’ble
Supreme Court - Regarding.
Ref:- 1. Orders of the Hon’ble High Court of Telangana in OSA No.s
54, 56, 57, 58
and 59 of 2004, Dt. 20-12-2019.
2. Tahsildar Kukatpally Mandal Lr No. B/1671/2021, SDt: 9-
11-2021.
3. This office Lr. No. LP/118/2021 dated: 22-11-2021
addressed to Special
Chief Secretary to Government of Telangana Revenue
Department.
4. Government of Telangana Revenue (JA&LA) department
Memo No.
28979/JA/2021-1, dated: 28-02-2022.
5. This office Lr No.even dated: -04-2022 addressed to
the Advocate on
Records, Supreme Court of India.
6. Collector Medchal-Malkajgiri District Lr No. LP/118/2021,
dated: 4-04-2022.
7. Instructions of Advocate on Records Govt of Telangana
Supreme Court of
India New Delhi, dated: 05-05-2022.

***
I invite kind attention to the subject and references cited, wherein
through the reference 1st cited, it was stated that, the Hon’ble Division
Bench, Hon’ble High Court in OSA No.54, 56, 57, 58 and 59 of 2004
passed orders on 20.12.2019 which are filed by M/s. Gold Stone Exports
Pvt. Ltd. Wherein the Government or the Official respondents namely
District Collector, RDO and Tahsildar were not made parties in the said
OSA. In this regard, the RDO Malkajgiri Division and Tahsildar, Kukatpally
Mandal were directed to consult Government Pleader and take his opinion
for filling of SLP on the said orders to protect the interest of Government.

The brief facts of the case are submitted as follows:

- As per Revenue Records of Hydernagar Village, the land bearing

Sy.No.145 admeasuring Ac.220-18 Gts, Sy.No. 163 admeasuring Ac.175-
06 gts, Sy.No.172 admeasuring Ac.196-20 gts situated in Hydernagar (Vg)
are classified as Khariz khata Sarkari and these lands are also covered by
CS 14/58. Various decrees have been obtained by the prospective
purchasers from the preliminary decree holders in C.S.14/58 & obtained
final decrees. Further the said Sy.Nos. are covered under Section 22-A of
Registration Act 1908 and covered by Act 1 of 2018.

- Further, in OSA 42 to 45/2013, a Division Bench of the Hon’ble Court

while dealing
(Contd..
Pg 2)

::2::
with batch of Appeals wherein final decree petitions which were the
subject matter of the
said Appeals, were held to be not binding on the State and it was
observed that any beneficiary under the final decree have to work out
their remedies independently. The said order of the Division Bench
attained finality.

Further, the Government of Telangana has amended the Rights in

Land & Pattedar Passbooks Act 1971 vide Act No.1 of 2018 providing U/s.
12-A, that all the Jagir lands including Paigah, Samsthans part of Jagir,
Muktha, Village Agrahar, Umli and Mukasa etc., within the meaning of
Hyderabad (Abolition of Jagirs) Regulation, 1358F, which stood vested in
the State under the said Act, the title and ownership of such Jagir lands
shall never be transferred or shall never deemed to have been transferred
to any person and the Jagir lands defined under the Hyderabad (Abolition
of Jagirs) Regulation, 1358F, shall be recorded and maintained as
Government lands in the revenue records. The copy of Act 1 of 2018 is
enclosed herewith for perusal.

In an identical case, a Division Bench of Hon’ble Court in WP

No.11032 of 2018 and batch, it was held on 16.08.2018 that, there was no
final decree in C.S. No.14/1958 and the properties are not traceable to the
plaint schedule properties of the said suit and the petitioners are not
entitled to have mutations in Revenue records and categorically held that
the petitioners are not entitled to have effected their names in the
Revenue Records and the Tahsildar cannot pass any orders effecting
mutation until a final decree is passed.

The Hon’ble Division Bench in OSA No.54, 56, 57, 58, & 59 of 2004
in Orders Dt.20.12.2019, while granting relief in the appeals has observed
the following in the said Judgement as under:

414 (d) – “we declare that the land in Hydernagar Village

was Jagir land, but prior to 1948, pattas were granted to
cultivating ryots under the Khursheed Jah Paigah like Ruqia
Begum, Waris Ali, Ghani Shareef, Boddu Veeraswamy and other
deemed pattedars by the Revenue Secretariat of HEH the Nizam
in 1947. So title of this land passed on to the said cultivating
ryots prior to 1948 itself and they validly conveyed title to the
claim petitioners. This land therefore did not vest in the State
Government after the Hyderabad Jagir Abolition Regulation, 1358
Fasli came into operation”.

414 (f) - “ We declare that the preliminary decree

dt.28.06.1963 in CS 14 of 1958 as regards the lands in
Hydernagar Village is obtained by practicing fraud both on the
Court as well as on the claim petitioners and other occupants of
land in the said village and is declared void ab initio.”

(Contd..
Pg 3)

:: 3 ::

- Further, in one of the identical case, the Hon’ble Division Bench in

WP No.20707 of 2018, WP No. 9709 of 2020, WP No. 12548 of 2020 with
respect to lands in Sy.No.80 of Hafeezpet Village, Serilingampally Mandal
which are also covered in C.S 14/1958 has observed in the orders
Dt.30.03.2021 para no.169 as under:

“Whatever observations were made by this Court in

Shahnaz Begum (Shahnaz Begum Vs M.S. Murthy and others in
OSA 54 of 2004 and batch) were specifically made only in the
context of the special facts in relation to Sy.No.172 of
Hydernagar Village only, and they cannot be read out of context
by the respondents and made applicable to land in Hafeezpet
Village as well”.

In this regard, it is to submit that, the subject matter of land in

Sy.No.145, 163 and 172 of Hydernagar Village is Government land as per
the revenue records, the entire land vested with the Government on
coming into force the Jagir Abolition Regulations, the subject land is
prohibited under 22(A) of Registration Act and covered by Government of
Telangana Act 1/2018. But whereas the Hon’ble Court in OSA No.54, 56,
57, 58, & 59 of 2004 in Orders Dt.20.12.2019 has observed that prior to
1948, pattas were granted and title of this land passed to the cultivating
riots and therefore the subject land did not vest in the State Government.
The same was reiterated by the Orders Dt.30.03.2021 by the Hon’ble
Division Bench of the Hon’ble High Court in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 with respect to land in Sy.No.172 of
Hydernagar Village.

Further it is submitted that, the Government has accorded

permission for filling SLP against the order the orders of Hon’ble High
Court in OSA No.54, 56, 57, 58, & 59 of 2004 dated: . 20-12-2019 and the
same was forwarded to Advocate on Records Supreme Court of India for
filling SLP. The Advocate on Records instructed to obtain permission for
engaging a Senior Council as the huge extent of Government land is
involved in this case and suggested to obtain permission from the
Government immediately.

In view of the above facts, to protect the Govt interest in CS 14/58

lands, permission may be obtained from Government for engaging Senior
Council to contest SLP in Supreme Court of India at an early date.

This is for kind information and necessary instructions in the matter.

Yours faithfully

Encl: (as above)

Tahsildar
Kukatpally Tahsil

Copy submitted to the Revenue Divisional Officer, Malkajgiri Division for

favour of kind information
 MOST
URGENT
GOVERNMENT OF TELANGANA
REVENUE DEPARTMENT
From, To
R. Govardhan, The Collector,
Tahsildar, & District Magistrate,
Kukatpally Tahsil. Medchal-Malkajgiri District.

Lr.No.B/1671/2021, Dt: 13-05-2022

Sir,
Sub:-Government lands - Medchal-Malkajgiri District – Malkajgiri
Division – Kukatpally Mandal – Hydernagar Village –
Sy.No.145, 163, 172 – Hon’ble Division Bench of High Court
Orders Dt.20.12.2019 in OSA 54, 56, 57, 58 and 59 of 2004
and Orders Dt.30.03.2021 in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 – Permission granted to
 file Special Leave Petition before the Hon’ble Supreme Court –
Accommodation in Telangana Bhavan - Regarding.
Ref:- 1. Orders of the Hon’ble High Court of Telangana in OSA No.s
54, 56, 57, 58
and 59 of 2004, Dt. 20-12-2019.
2. Tahsildar Kukatpally Mandal Lr No. B/1671/2021, SDt: 9-
11-2021.
3. This office Lr. No. LP/118/2021 dated: 22-11-2021
addressed to Special
Chief Secretary to Government of Telangana Revenue
Department.
4. Government of Telangana Revenue (JA&LA) department
Memo No.
28979/JA/2021-1, dated: 28-02-2022.
5. This office Lr No.even dated: -04-2022 addressed to
the Advocate on
Records, Supreme Court of India.
6. Collector Medchal-Malkajgiri District Lr No. LP/118/2021,
dated: 4-04-2022.
7. Instructions of Advocate on Records Govt of Telangana
Supreme Court of
India New Delhi, dated: 05-05-2022.

***
I invite kind attention to the subject and references cited, wherein
through the reference 1st cited, it was stated that, the Hon’ble Division
Bench, Hon’ble High Court in OSA No.54, 56, 57, 58 and 59 of 2004
passed orders on 20.12.2019 which are filed by M/s. Gold Stone Exports
Pvt. Ltd. Wherein the Government or the Official respondents namely
District Collector, RDO and Tahsildar were not made parties in the said
OSA. In this regard, the RDO Malkajgiri Division and Tahsildar, Kukatpally
Mandal were directed to consult Government Pleader and take his opinion
for filling of SLP on the said orders to protect the interest of Government.

The brief facts of the case are submitted as follows:

- As per Revenue Records of Hydernagar Village, the land bearing

Sy.No.145 admeasuring Ac.220-18 Gts, Sy.No. 163 admeasuring Ac.175-
06 gts, Sy.No.172 admeasuring Ac.196-20 gts situated in Hydernagar (Vg)
are classified as Khariz khata Sarkari and these lands are also covered by
CS 14/58. Various decrees have been obtained by the prospective
purchasers from the preliminary decree holders in C.S.14/58 & obtained
final decrees. Further the said Sy.Nos. are covered under Section 22-A of
Registration Act 1908 and covered by Act 1 of 2018.

- Further, in OSA 42 to 45/2013, a Division Bench of the Hon’ble Court

while dealing
(Contd..
Pg 2)

::2::
with batch of Appeals wherein final decree petitions which were the
subject matter of the
said Appeals, were held to be not binding on the State and it was
observed that any beneficiary under the final decree have to work out
their remedies independently. The said order of the Division Bench
attained finality.

Further, the Government of Telangana has amended the Rights in

Land & Pattedar Passbooks Act 1971 vide Act No.1 of 2018 providing U/s.
12-A, that all the Jagir lands including Paigah, Samsthans part of Jagir,
Muktha, Village Agrahar, Umli and Mukasa etc., within the meaning of
Hyderabad (Abolition of Jagirs) Regulation, 1358F, which stood vested in
the State under the said Act, the title and ownership of such Jagir lands
shall never be transferred or shall never deemed to have been transferred
to any person and the Jagir lands defined under the Hyderabad (Abolition
of Jagirs) Regulation, 1358F, shall be recorded and maintained as
Government lands in the revenue records. The copy of Act 1 of 2018 is
enclosed herewith for perusal.

In an identical case, a Division Bench of Hon’ble Court in WP

No.11032 of 2018 and batch, it was held on 16.08.2018 that, there was no
final decree in C.S. No.14/1958 and the properties are not traceable to the
plaint schedule properties of the said suit and the petitioners are not
entitled to have mutations in Revenue records and categorically held that
the petitioners are not entitled to have effected their names in the
Revenue Records and the Tahsildar cannot pass any orders effecting
mutation until a final decree is passed.

The Hon’ble Division Bench in OSA No.54, 56, 57, 58, & 59 of 2004
in Orders Dt.20.12.2019, while granting relief in the appeals has observed
the following in the said Judgement as under:

414 (d) – “we declare that the land in Hydernagar Village

was Jagir land, but prior to 1948, pattas were granted to
cultivating ryots under the Khursheed Jah Paigah like Ruqia
Begum, Waris Ali, Ghani Shareef, Boddu Veeraswamy and other
deemed pattedars by the Revenue Secretariat of HEH the Nizam
in 1947. So title of this land passed on to the said cultivating
ryots prior to 1948 itself and they validly conveyed title to the
claim petitioners. This land therefore did not vest in the State
Government after the Hyderabad Jagir Abolition Regulation, 1358
Fasli came into operation”.

414 (f) - “ We declare that the preliminary decree

dt.28.06.1963 in CS 14 of 1958 as regards the lands in
Hydernagar Village is obtained by practicing fraud both on the
Court as well as on the claim petitioners and other occupants of
land in the said village and is declared void ab initio.”

(Contd..
Pg 3)

:: 3 ::

- Further, in one of the identical case, the Hon’ble Division Bench in

WP No.20707 of 2018, WP No. 9709 of 2020, WP No. 12548 of 2020 with
respect to lands in Sy.No.80 of Hafeezpet Village, Serilingampally Mandal
which are also covered in C.S 14/1958 has observed in the orders
Dt.30.03.2021 para no.169 as under:

“Whatever observations were made by this Court in

Shahnaz Begum (Shahnaz Begum Vs M.S. Murthy and others in
OSA 54 of 2004 and batch) were specifically made only in the
context of the special facts in relation to Sy.No.172 of
Hydernagar Village only, and they cannot be read out of context
by the respondents and made applicable to land in Hafeezpet
Village as well”.

In this regard, it is to submit that, the subject matter of land in

Sy.No.145, 163 and 172 of Hydernagar Village is Government land as per
the revenue records, the entire land vested with the Government on
coming into force the Jagir Abolition Regulations, the subject land is
prohibited under 22(A) of Registration Act and covered by Government of
Telangana Act 1/2018. But whereas the Hon’ble Court in OSA No.54, 56,
57, 58, & 59 of 2004 in Orders Dt.20.12.2019 has observed that prior to
1948, pattas were granted and title of this land passed to the cultivating
riots and therefore the subject land did not vest in the State Government.
The same was reiterated by the Orders Dt.30.03.2021 by the Hon’ble
Division Bench of the Hon’ble High Court in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 with respect to land in Sy.No.172 of
Hydernagar Village.

Further it is submitted that, the Government has accorded

permission for filling SLP against the orders of Hon’ble High Court in OSA
No.54, 56, 57, 58, & 59 of 2004 dated: . 20-12-2019 and the same was
forwarded to Advocate on Records Supreme Court of India for filling SLP.

In view of the above, it is requested to address a letter to the

Telangana Bhavan New Delhi to provide accommodation for (03) days in
Telangana Bhavan New Delhi for filling SLP against the orders of Hon’ble
High Court in OSA No.54, 56, 57, 58, & 59 of 2004 dated: . 20-12-2019 in
Supreme Court of India New Delhi.
 Yours faithfully

Tahsildar
Kukatpally
Tahsil

MOST
URGENT
GOVERNMENT OF TELANGANA
REVENUE DEPARTMENT
From, To,
R. Govardhan, The Collector,
Tahsildar, & District Magistrate,
Kukatpally Tahsil. Medchal-Malkajgiri District.

Lr.No.B/1671/2021, Dt: 13-05-2022

Sir,
Sub:-Government lands - Medchal-Malkajgiri District – Malkajgiri
Division – Kukatpally Mandal – Hydernagar Village –
Sy.No.145, 163, 172 – Hon’ble Division Bench of High Court
Orders Dt.20.12.2019 in OSA 54, 56, 57, 58 and 59 of 2004
and Orders Dt.30.03.2021 in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 – Permission granted to
file Special Leave Petition before the Hon’ble Supreme Court –
Accommodation in Telangana Bhavan - Regarding.
Ref:- 1. Orders of the Hon’ble High Court of Telangana in OSA No.s
54, 56,
57, 58 and 59 of 2004, Dt. 20-12-2019.
2. Tahsildar Kukatpally Mandal Lr No. B/1671/2021, Dt: 9-11-
2021.
3. This office Lr. No. LP/118/2021 dated: 22-11-2021
addressed to
Special Chief Secretary to Government of Telangana
Revenue
Department.
4. Government of Telangana Revenue (JA&LA) department
Memo No.
28979/JA/2021-1, dated: 28-02-2022.
5. This office Lr No.even dated: -04-2022 addressed to the
 Advocate on Records, Supreme Court of India.
6. Collector Medchal-Malkajgiri District Lr No. LP/118/2021,
dated: 4-04-2022.
7. Instructions of Advocate on Records Govt of Telangana
Supreme
Court of India New Delhi, dated: 05-05-2022.

****
I invite kind attention to the refs cited, the Government of
Telangana has accorded permission for filling SLP against the orders of
Hon’ble High Court in OSA No.54, 56, 57, 58, & 59 of 2004 dated: . 20-12-
2019 and the same was forwarded to Advocate on Records Supreme Court
of India for filling SLP.

In view of the above, myself along with one staff member are going
to Delhi to meet Advocate on Record for producing the records for filling
SLP against OSA No.54, 56, 57, 58, & 59 of 2004 dated: . 20-12-2019. As
such I request kindly address a lettr to GAD for providing accommodation
at Telangana Bhavan New Delhi from 13-05-2022 to 16-05-2022 (4) days.

Thanking you Sir,

Yours
faithfully

Tahsildar
Kukatpally
Tahsil

GOVERNMENT OF TELANGANA
REVENUE DEPARTMENT
From, To,
R. Govardhan, The Collector,
Tahsildar, & District Magistrate,
Kukatpally Tahsil. Medchal-Malkajgiri District.
 Lr.No.B/1671/2021, Dt: 18-05-2022
Sir,
Sub:-Government lands - Medchal-Malkajgiri District – Malkajgiri
Division – Kukatpally Mandal – Hydernagar Village –
Sy.No.145, 163, 172 – Hon’ble Division Bench of High Court
Orders Dt.20.12.2019 in OSA 54, 56, 57, 58 and 59 of 2004
and Orders Dt.30.03.2021 in WP No.20707 of 2018, WP No.
9709 of 2020, WP No. 12548 of 2020 – Permission granted to
file Special Leave Petition before the Hon’ble Supreme Court –
SLP filed intimation - Regarding.
Ref:- 1. Orders of the Hon’ble High Court of Telangana in OSA No.s
54, 56,
57, 58 and 59 of 2004, Dt. 20-12-2019.
2. Tahsildar Kukatpally Mandal Lr No. B/1671/2021, Dt: 9-11-
2021.
3. This office Lr. No. LP/118/2021 dated: 22-11-2021
addressed to
Special Chief Secretary to Government of Telangana
Revenue
Department.
4. Government of Telangana Revenue (JA&LA) department
Memo No.
28979/JA/2021-1, dated: 28-02-2022.
5. This office Lr No.even dated: -04-2022 addressed to the
Advocate on Records, Supreme Court of India.
6. Collector Medchal-Malkajgiri District Lr No. LP/118/2021,
dated: 4-04-2022.
7. Instructions of Advocate on Records Govt of Telangana
Supreme
Court of India New Delhi, dated: 05-05-2022.

****
I invite kind attention to the refs cited, the Government of
Telangana has accorded permission for filling SLP against the orders of
Hon’ble High Court in OSA No. 54, 56, 57, 58, & 59 of 2004 dated: 20-12-
2019 and the same was forwarded to Advocate on Records Supreme Court
of India for filling SLP.
Further it is to submit that I have proceeded to Delhi to meet
Advocate on Record for producing the records and impleadent application
filed in SLP bearing No. 2377/2373 in Supreme Court of India which was
filed against the OSA No.54, 56, 57, 58, & 59 of 2004 dated: 20-12-2019
order by Trinity Infraventures Ltd & Others, the impleadent application
was numbered vide No. 75868/2022, Senior Council Sri. Vidhyanath
engaged for the case and SLP listed on 18-05-2022 at Sl No. 21 and the
case is posted after vacation.

This is for kind information.

Encl: (Impleadent application
with enclousers) Yours
faithfully

Tahsildar
Kukatpally
Tahsil

GOVERNMENT OF TELANGANA
(REVENUE DEPARTMENT)

From, To,
R. Govardhan, The Collector,
Tahsildar, & District Magistrate,
Kukatpally Tahsil. Medchal-Malkajgiri District.

Lr.No.B/1671/2021, Dt: -05-2022

Sir,
Sub:- Government lands - Medchal-Malkajgiri District –
Malkajgiri
Division – Kukatpally Mandal – Hydernagar Village –
Sy.No.145,
163, 172 – Hon’ble Division Bench of High Court Orders
Dt.20.12.2019 in OSA 54, 56, 57, 58 and 59 of 2004 and WP
No. 35004/2016 – Requested to provide certified copies of 1)
The Nizam Atiyat Order dated: 04-02-1956 and 30-10-1968
in file
No.2/56/1959 2) Board of Revenue Orders dated: 29-12-1976
in file
No. NA2/70/1969 – Requested -Regarding.

Ref:- 1. Orders of the Hon’ble High Court of Telangana in OSA No.s

54, 56,
57, 58 and 59 of 2004, Dt. 20-12-2019.
 2. Tahsildar Kukatpally Mandal Lr No. B/1671/2021, Dt: 9-11-
2021.
3. This office Lr. No. LP/118/2021 dated: 22-11-2021
addressed to
Special Chief Secretary to Government of Telangana
Revenue
Department.
4. Government of Telangana Revenue (JA&LA) department
Memo No.
28979/JA/2021-1, dated: 28-02-2022.
5. This office Lr No.even dated: -04-2022 addressed to the
Advocate on Records, Supreme Court of India.
6. Collector Medchal-Malkajgiri District Lr No. LP/118/2021,
dated: 4-04-2022.
7. Instructions of Advocate on Records Govt of Telangana
Supreme
Court of India New Delhi, dated: 05-05-2022.

****

I invite kind attention to the refs cited, the Government of

Telangana has accorded permission for filling SLP against the orders of
Hon’ble High Court in OSA No. 54, 56, 57, 58, & 59 of 2004 dated: 20-12-
2019 and WP No. 35004/2016 dated: 26-04-2022. The following
documents pertaining to Kurshidjahi Paigah Munthakad No-4 (Khatha No-
3) are required to file SLP in Supreme court of India to protect the
Government interest in CS No. 14/1958 lands situated at Hydernagar
Village (Sy No.s 172, 163 and 145) Kukatpally Mandal, Medchal-Malkajgiri
District.

1. Kursheed Jahi Paigah Munthakab No. 4 (Khatha No.3)

(i) The Nizam Atiyat Order dated: 04-02-1956 and 30-10-1968 in
file No. 2/56/1959.
(ii) Board of Revenue Orders dated: 29-12-1976 in file No.
NA2/70/1969.

In view of the above it is requested kindly to address a letter to the

chief Commissioner of Land Administration Telangana and Director State
Archieves Government of Telangana Tarnaka Hyderabad to provide copies
of the above mentioned proceedings at an early date.

Yours
faithfully

Tahsildar
Kukatpally
Tahsil