IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

W.P. No. of 2019

BETWEEN:

1. Syed Mohammed S/o late Nawab Syed Ahmed,

aged about 54 years, Occ: Business, R/o 22-2-329,
Noor Khan Bazar, Hyderabad.

2. Syed Hamza S/o late Nawab Syed Ahmed,

aged about 44 years, Occ: Business,
R/o H.No.22-1-751, Noor Khan Bazar,
Hyderabad. … PETITIONERS

AND

1. State of Telangana rep. by its

Principal Secretary, Home Department,
Secretariat Buildings, Hyderabad.

2. The Commissioner of Police,

Government of Telangana,
Hyderabad City, Hyderabad.

3. Central Crime Station, represented by the

Deputy Commissioner of Police,
Basheerbagh, Hyderabad.

4. The Assistant Commissioner of Police,

Central Crime Station,
Basheerbagh, Hyderabad.

5. Heera Gold Exim Ltd., rep. by its

Managing Director Mrs.Nowheera Shaik

6. Heera Developers (Hyd) Pvt. Ltd., rep. by its

Managing Director Mrs.Nowheera Shaik

7. Mrs.Nowheera Shaik W/o

… RESPONDENTS

AFFIDAVIT

I, Syed Mohammed S/o late Nawab Syed Ahmed, aged about 54 years,

Occ: Business, Resident of Hyderabad., do hereby solemnly affirm and state

on oath as follows:
 2

1. I am the first petitioner herein as such well acquainted with the facts of

the case and able to depose as under. I am also deposing this affidavit on

behalf of second petitioner with his consent.

2. It is submitted that the present writ petition is filed questioning

G.O.Rt.No.649 Home (Passports) Department dated 27.6.2019 issued by the

first respondent so far it relates to seizing/attaching of items mentioned in

Annexure-1 to the said G.O.Rt.No.649 as null and void and the said properties

are not liable for any attachment and consequently to delete from the said

G.O.Rt.No.649.

3. The petitioners and others have filed suit for declaration of title and

recovery of possession of land admeasuring Ac.25-05 guntas in Survey

Nos.41, 174, 177, 178, 179, 180/1, 181, 182 and 211 situated at Toli Chowki,

Shaikpet village and mandal, Hyderabad district. The said property is one of

the properties in C.S.No.13 of 1958 which was filed for partition of Matruka

properties by one Syed Hasan.

4. It is submitted that one Mir Yousuf Ali Khan, popularly known as

Nawab Salar Jung-III died intestate on 2.3.1949 leaving behind several

movable and immovable properties in the form of Royal Grants, Jagirs, Seriat

Inam lands, Maqtajat, Jaat Jagirs and self purchased Maqtas. After demise of

the said Nawab Salar Jung-III, by Regulation No.34/1949 a committee by

name ‘Salar Jung Estate Committee’ was formed, headed by a Chairman and

four members to deal with all matters pertaining to the Estate properties. One

of the legal heir of Salar Jung by name Syed Hasan filed C.S.No.13 of 1958

agaisnt Syed Kazim Hussai and 115 others for partition of all movable and

immovable properties of Salar Jung Estate and a preliminary decree was

 3

passed on 5.3.1959 and pursuance to the same, Receiver-cum-Commissioner

was appointed and the Receiver allotted items to the respective parties.

Petitioners father who is Defendant No.2 in the said C.S.No.13 of 1958 was

allotted with the above lands and subsequently final decree was passed on

9.2.1962 in Application No.417/1961.

5. It is submitted that M/s Bayer Bio Science Pvt. Ltd., and others

disputed the title and possession of the said land, as such, petitioners along

with other family members have filed suit O.S.No.896 of 2015 on the file of

III Additional Chief Judge, City Civil Court, Hyderabad for declaration of title

and for recovery of possession. The said suit was decreed by judgment and

decree dated 19.11.2018 and in pursuant to the said judgment and decree,

petitioners also filed Execution Proceedings and accordingly the Court Bailiff

delivered possession of the subject property to the petitioners. It is pertinent to

mention herein that due to financial needs, we have already sold and delivered

possession to our purchasers and in pursuance of the same, the said purchasers

are in possession and enjoyment of the subject property.

6. It is respectfully submitted that the petitioners came to know about

G.O.Rt.No.649 dated 27.6.2019 issued by the first respondent, attaching the

properties mentioned in Annexure-I to the said G.O.Rt. under Sections 3 and 5

of Telangana State Protection of Depositors of Financial Establishments Act,

1999 (for short ‘the Act’) wherein the properties were shown as items

Nos…… shown in Annexure-I of the said G.O.Rt, which is part and parcel of

the decree. It is submitted that the Respondents 4 to 6 are claiming the subject

land through defendants namely Neelanchal Technocrats who have already

 4

suffered a decree in our hands and possession was delivered to us in pursuant

to the decree and judgment of the trial Court under a cover of panchanama.

7. It is submitted that the Respondents 4 to 6 have no right, title and they

were never in possession of the subject property. In view of the decree and

judgment of the competent Civil Court, the Police authorities cannot attach the

subject property, which are in our possession and enjoyment as absolute

owners. The Respondents 4 to 6 have no right or claim and if the subject

properties are attached in pursuant to the said G.O., our substantial rights

would be adversely effected, more particularly the vendors of Respondents 4

to 6 have already lost their claim and possession was delivered to us through

Court Bailiff. The Police authorities in a hasty manner claiming subject

property under Section 3 and 5 of the said Act. Under those circumstances, if

the interim order, staying the operation of G.O.Rt.No.649 dated 27.6.2019 in

respect of subject property is not granted, we will be put to great hardship and

injustice. Further in view of the decree and judgment of the trial Court, the

subject lands are liable to be deleted from the said G.O. as the Respondents 4

to 6 are no more owners and they are not in possession of the said property.

8. The writ petitioners have no other alternative remedy, except to

approach this Hon'ble Court by invoking its extraordinary jurisdiction under

Article 226 of the Constitution of India.

9. The petitioners have not filed writ, suit or other proceedings seeking a

similar relief and no writ, suit or other proceedings are pending either before

this Hon'ble Court or before any other court or authority.

 5

10. It is therefore prayed that this Hon'ble Court may be pleased to issue an

appropriate writ, order or direction more especially one in the nature of Writ of

Mandamus declaring of the action of the respondents in seizing/attaching

items mentioned in Annexure-1 to G.O.Rt.No.649 Home (Passports)

Department dated 27.6.2019 so far it relate to land admeasuring Ac.25-05

guntas in Survey Nos.41, 174, 177, 178, 179, 180/1, 181, 182 and 211 situated

at Toli Chowki, Shaikpet village and mandal, Hyderabad district as bad,

illegal and without authority of law and violative of Articles 14 and 21 of the

Constitution of India and consequently direct the Respondent No.1 to delete

the items insofar as subject property is concerned, and pass such other order or

orders as this Hon'ble Court deems fit and proper in the circumstances of the

case.

11. It is also prayed that this Hon’ble Court may be pleased to direct the

respondent No.1 to delete the items mentioned in Annexure-I to

G.O.Rt.No.649 Home (Passports) Department dated 27.6.2019 so far it relate

to land admeasuring Ac.25-05 guntas in Survey Nos.41, 174, 177, 178, 179,

180/1, 181, 182 and 211 situated at Toli Chowki, Shaikpet village and

mandal, Hyderabad district, pending disposal of the main writ petition and

pass such other order or orders as this Hon'ble Court deems fit and proper in

the circumstances of the case.

Sworn and signed before me on this

the 6th day of July, 2019 at Hyderabad. DEPONENT

ADVOCATE/HYDERABAD
 6

VERIFICATION

I, Malavath Mothilal S/o Malavath Dasharath, aged about 56 years,

Occ: Agriculture, R/o H.No.1-74/8/A, Devanpally village, Bheemgal mandal,

Nizamabad district having temporarily come down to Hyderabad, the deponent

herein, do hereby verify and state that the contents of the above paras are true

to my personal knowledge, based on records and believed to be correct. Hence

verified on this the 6th day of June, 2019.

DEPONENT
COUNSEL FOR THE PETITIONER
 7

MEMORANDUM OF WRIT PETITION

(UNDER ART. 226 OF THE CONSTITUTION OF INDIA)
 
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

(SPECIAL ORIGINAL JURISDICTION)

W.P. No. of 2019

BETWEEN:

Malavath Mothilal S/o Malavath Dasharath

aged about 56 years, Occ: Agriculture,
R/o H.No.1-74/8/A, Devanpally village,
Bheemgal mandal, Nizamabad district. … PETITIONER

AND

1. State of Telangana rep. by its

Principal Secretary, Forest Department,
Secretariat, Hyderabad.

2. The Chief Conservator of Forest,

State of Telangana, Saifabad,
Hyderabad.

3. The Conservator of Forest,

Nizamabad district, Nizamabad.

4. The District Forest Officer,

Nizamabad district.

5. The Range Officer,

Forest Department, Komrampally,
Nizamabad district.

6. The District Collector,

Nizamabad district.

7. The Tahsildar, Bheemgal mandal,

Nizamabad district.

8. The Station House Officer,

Bheemgal Police Station,
Nizamabad district. … RESPONDENTS

The address for service on the above named Petitioners is that of their
counsel M/s. H. Venugopal (392), N. Mukund Reddy (2068) and Kirankumar
Gattu (15235), 1-8-700/44, Padma colony, Nallakunta, Behidn Shankermutt,
Hyderabad – 500 044.
 8

For the reasons stated in the accompanying affidavit filed in support of

the writ petition, it is therefore, prayed that this Hon’ble Court may be pleased

to issue an appropriate writ, order or direction more especially one in the

nature of Writ of Mandamus directing the respondents not to interfere with the

peaceful possession and enjoyment of petitioner’s land admeasuring Ac.1-20

guntas in Survey No.95 of Devanpally village, Bheemgal mandal, Nizamabad

district without following due process of law, and pass such other order or

orders as this Hon'ble Court deems fit and proper in the circumstances of the

case.

HYDERABAD

DATE: 8-6-2019 Counsel for the petitioner

9

NIZAMABAD DISTRICT
 
  
HIGH COURT:: HYDERABAD
 
 

W.P. No. OF 2019

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
WRIT PETITION
 

 
 
 
 

 
Filed By:

H. Venugopal (392)
M/s. N. Mukund Reddy (2068)
Kirankumar Gattu (15235)
Advocates
 
 
COUNSEL FOR PETITIONER
 10

MEMORANDUM OF WRIT PETITION MISC. PETIT ION

(UNDER SEC. 151 OF THE C.P.C.)

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

I.A.NO. OF 2019
 IN

W.P. NO. OF 2019

 
BETWEEN:

Malavath Mothilal S/o Malavath Dasharath

aged about 56 years, Occ: Agriculture,
R/o H.No.1-74/8/A, Devanpally village,
Bheemgal mandal, Nizamabad district. … PETITIONER

AND

1. State of Telangana rep. by its

Principal Secretary, Forest Department,
Secretariat, Hyderabad.

2. The Chief Conservator of Forest,

State of Telangana, Saifabad,
Hyderabad.

3. The Conservator of Forest,

Nizamabad district, Nizamabad.

4. The District Forest Officer,

Nizamabad district.

5. The Range Officer,

Forest Department, Komrampally,
Nizamabad district.

6. The District Collector,

Nizamabad district.

7. The Tahsildar, Bheemgal mandal,

Nizamabad district.

8. The Station House Officer,

Bheemgal Police Station,
Nizamabad district. … RESPONDENTS

For the reasons stated in the affidavit filed in support of the above Writ

Petition, it is prayed that this Hon'ble Court may be pleased to direct the
 11

respondents not to interfere with the peaceful possession and enjoyment of

petitioner’s land admeasuring Ac.1-20 guntas in Survey No.95 of Devanpally

village, Bheemgal mandal, Nizamabad district without following due process

of law, pending disposal of the main writ petition and pass such other order or

orders as this Hon'ble Court deems fit and proper in the circumstances of the

case.

HYDERABAD

DATE: 8-6-2019 Counsel for petitioner

12

NIZAMABAD DISTRICT
 
 
 HIGH COURT :: HYDERABAD
 
 
 
I.A.NO. OF 2019
IN

W.P. NO. OF 2019

 
 
 
 
 
 
 
 

 
 
 

 
DIRECTION PETITION

 
 
  
 
 

 
 
 
Filed by:

H. Venugopal (392)
M/s. N. Mukund Reddy (2068)
Kirankumar Gattu (15235)
Advocates

COUNSEL FOR PETITIONER/

PETITIONER
13

SINGLE / BENCH
SERVICE/NON-SERVICE
DEPT:_______________
Category Code and Sub Category Code
Admission Court:

HIGH COURT
SPECIAL ORIGINAL JURISDICTION
  
W.P. NO. OF 2019
 
NIZAMABAD District
 
Malavath Mothilal

.Petitioner
H. Venugopal (392)
M/s. N. Mukund Reddy (2068)
Kirankumar Gattu (15235)
Advocates

COUNSEL FOR PETITIONER

NATURE OF APPLICATION
(Under Art. 226 of Constitution of India)
 
To issue an appropriate writ, order or
direction more especially one in the nature
of Writ of Mandamus directing the
respondents not to interfere with the
peaceful possession and enjoyment of
petitioner’s land admeasuring Ac.1-20
guntas in Survey No.95 of Devanpally
village, Bheemgal mandal, Nizamabad
district without following due process of
law.

Presented on : 8.6.2019
Represented on:

Filed on
14

HIGH COURT
 

WRIT PETITION MISC.PETITION

 
 
I.A. NO. OF 2019
 
IN
 
W.P. NO. OF 2019
 
 
NIZAMABAD District
 
 
Malavath Mothilal

... Petitioner
 
By
H. Venugopal (392)
M/s. N. Mukund Reddy (2068)
Kirankumar Gattu (15235)
Advocates
NATURE OF APPLICATION
(UNDER SEC. 151 C.P.C.)
 
 
To direct the respondents not to interfere
with the peaceful possession and
enjoyment of petitioner’s land
admeasuring Ac.1-20 guntas in Survey
No.95 of Devanpally village, Bheemgal
mandal, Nizamabad district without
following due process of law.
 

PRESE NTED ON: 8-6-2019

 REPRESENTED ON:
 
FILED ON:
 15

IN THE HIGH COURT FOR THE STATE TELANGANA AT HYDERABAD

W.P. No. of 2019

ANNEXURE-I
SL P PARA
NO D DESCRIPTION A NO
A G
T E
E
N
O

1 1 The Writ Petition is filed seeking todeclaration of recovery of

9 possessionthe petitioner is one of the General Power of Attorney
- Holder of the petitioners and other attorney authorized me to depose
1 on his behalf. The petitioners herein filed a suit vide O.S.No.896 of
1 2015 on the file of learned
- III-Additional Chief Judge, City Civil Court, Hyderabad, for
2 declaration of title and recovery of possession in respect of the land
0 ad-measuring Ac.25-05 gts., in survey Nos.41, 174, 177, 178, 179,
1 180/1, 181, 182 and 211 situated at Tolichowki, Shaikpet village and
8 mandal, Hyderabad against M/s. Bayer Bio Science Pvt., Limited and
. three others. The said suit was decreed by judgment and decree dated
19-11-2018.
2 7 The learned Judge of the Executing Court issued Warrant of delivery
- of possession to the Bailiff of the Court by directing him to put the
2 petitioners being the decree holders into possession of the suit
-
schedule property by order dated 07-02-2019. However, some third
1
9 parties, allegedly claiming through the Judgment Debtors obstructed
2 the Bailiff as such, the Bailiff of the Court returned the warrant
2 seeking directions from the Hon’ble Court to direct the concerned
- police to provide necessary police aid in execution of warrant of
2 delivery of possession of the property. Accordingly, the learned
- Executing Court granted the Police Aid by order dated 22-02-2019.
1
In the meanwhile, the earlier Bailiff was kept under suspension for
9
1 administrative reasons and hence the warrant was entrusted to a new
- Bailiff by the Honourable Court who in turn visited the schedule
3 property and submitted a report on 01-03-2019 seeking certain
- directions from the Court
1
9

3 1 The bids were opened on 13.12.2017 in the presence of the petitioner

3 and M/s. ACE Creative Learning Pvt. Ltd. As the bid offered by the
. petitioner-company was lowest of the two, the same was accepted.
 16

1 However, the work order is not issued.

2
.
2
0
1
7

ANNEXURE-II
UNDER ART. 226 OF CONSTITUTION OF INDIA

HYDERABAD
DATE20-3-2019 COUNSEL FOR PETITIONERS
 17

IN THE HIGH COURT FOR THE STATE TELANGANA: AT HYDERABAD.

W.P. No. of 2019

RUNNING INDEX
SLNO DESCRIPTION OF DATE OF DATE OF PAGE NO
DOCUMENT DOCUMENT FILING

1 Service certificate 20.3.2019 20.3.2019 1

2 Court fee -do- -do- 2

3 Writ petition -do- -do- 3-3A

4 Annexure -do- -do- 4

5 Affidavit -do- -do- 5-11

6 P1 Copy of warrant of 15-3-19 -do- 12-13

police protection issued by
the in the court of III Addl
CJ, CCC,Hyd in EA45/19 in
EP 333/18 in OS 896 of
2015

7 P2 Copy of warrant to 15-3-19 -do- 14-16

Bailiff U:nder OrXXI
Ru;le35 of CPC issued by
the in the court of III Addl
CJ, CCC,Hyd in EP 333/18
in OS 896 of 2015

8 P3 Copy of Letter of the 5-2-19 -do- 17-26

petitioner along with
Warrant Addressed to the
Commissioner of
Police, ;Hyderabad City.

9 P4 Copy of EP333/18 in December, 18 -do- 27-29

OS896/15

10 P5 Copy of OS896/15 13-11-18 -do- 30-41

Judgement and Decree on
the file of III Addl CJ,CCC,
Hyd

11 Vakalat 20-3-19 -do- 42

12 Respondents sheet -do- -do- 43

 18

Hyderabad,
Date20-3-19 COUNSEL FOR PETITIONER
19