Telangana HC dismisses pvt claims over 1351 acres of Samshabad land
Sagar Kumar Mutha | TNN | Apr 13, 2019, 22:55 IST
HYDERABAD: Refusing to accord any relief to some persons who are claiming ownership over 1351 acres of land in Bahadurguda village near Samshabad which was taken over by the state four years ago, Justice Sanjay Kumar of the Telangana high court dismissed their current belated plea.
The judge pronounced this order after hearing a petition filed by Mir Khader Ali Khan and five others who were challenging the order of a Samshabad Tahsildar who refused to accord them any recognition as owners or possessors of the land. The Tahsildar order makes no mention of the contents of our representations given to him in 2014 and also in 2017, they said. They claimed that the land is situated in survey numbers 1 to 101. They are seeking a proper inquiry basing on Sethuwar record and also issuance of pattadar passbooks to them as owners of the land.
The Tahsildar passed the rejection order on June 24, 2014, using his powers under section 5 of the Telangana rights in land and Pattadar Passbooks Act 1971. The judge said that this order can be challenged within 30 days by filing an appeal under section 5 (5) of the same Act either before a superior revenue authority or before the court. But they kept quiet for four years and filed a writ petition challenging the Tahsildar order in 2018.
It is not the case of the petitioners that they were not aware of the Tahsildar order. They did not explain why they filed this plea after a long delay. It is therefore clear that the writ petition is merely speculative. It constitutes a belated attempt for some extraneous reasons. The delay they caused in challenging the Tahsildar order is fatal and on this ground, the petition shall stand dismissed, the judge said.
The judge pronounced this order after hearing a petition filed by Mir Khader Ali Khan and five others who were challenging the order of a Samshabad Tahsildar who refused to accord them any recognition as owners or possessors of the land. The Tahsildar order makes no mention of the contents of our representations given to him in 2014 and also in 2017, they said. They claimed that the land is situated in survey numbers 1 to 101. They are seeking a proper inquiry basing on Sethuwar record and also issuance of pattadar passbooks to them as owners of the land.
The Tahsildar passed the rejection order on June 24, 2014, using his powers under section 5 of the Telangana rights in land and Pattadar Passbooks Act 1971. The judge said that this order can be challenged within 30 days by filing an appeal under section 5 (5) of the same Act either before a superior revenue authority or before the court. But they kept quiet for four years and filed a writ petition challenging the Tahsildar order in 2018.
It is not the case of the petitioners that they were not aware of the Tahsildar order. They did not explain why they filed this plea after a long delay. It is therefore clear that the writ petition is merely speculative. It constitutes a belated attempt for some extraneous reasons. The delay they caused in challenging the Tahsildar order is fatal and on this ground, the petition shall stand dismissed, the judge said.
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