SAYYAED CHAND Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Heard both sides in the writ petition as well as in civil application No. 12781 of 2018.

(2.) The petitioners have filed an application under Rule 3 of the Hyderabad Atiyat Inquiries Rules 1952 (hereinafter for the sake of brevity referred to as the "Rules of 1952") for succession of title of holder of Atiyat Grants. In terms of the provisions of Rule 3 of the Rules of 1952, such an application in Form "A" is required to be filed within three months from the date on which holder died. In terms of the Rule 12(1) of the Rules of 1952, such delay in submission of the claim can be condoned and in terms of sub-Rule (2) of the Rule 12 of the Rules of 1952, the Commissioner (Revenue) has the powers to condone the delay exceeding specified period. There is delay of 58 years, 4 months and 4 days in submission of the claim and undisputedly the Commissioner (Revenue) gets jurisdiction to deal with such an application seeking condonation of delay. In the instant, case, the learned Commissioner (Atiyat) has refused to condone such inordinate delay and rejected the application.

(3.) In the facts of the case, which are almost not disputed, the petitioners claim to be the legal heirs of Sayyad Chand Ansari, who was the holder of an Atiyat grants, granted by Nizam Government. The said Atiyat grant was granted for offering services like Maujjani, Zadu Zatka and Diwa Batti regularly to the Jamia Masjid at village Jalkot, Tq. Jalkot, District Latur. It was sanctioned on 29 Ajhoor 1346 - FASLI i.e. 1936. After death of Sayyad Chand Ansari, the enquiry as to rights, title or interest of the successors was held and accordingly after due enquiry then Tahsildar of Nizam Government by order dated 14.01.1946 FASLI recommended to record the name of Sayyad Hussain s/o Sayyad Chand as "Mutsaddegiri" in respect of land survey No. 174 admeasuring 27 acres as per the terms and conditions of Muntakhab. Thereafter, the concerned Maulavi Abdul Majid Saheb by order 29 Ajhoor 1346 - FASLI has accepted the recommendation of the Tahsildar and concluded the enquiry in terms of Section 3-A of the Atiyat Enquiries Act 1952. However, Sayyed Hussain Sayyad Chand died on 1.12.1954. The petitioners claim to be legal heirs of original holder of Sayyad Hussain Sayyad Chand. However, there is inordinate delay in submission of the claim pertaining to Rule 3 of the Rules of 1952. Furthermore, there are also allegations about breach of the conditions of Muntakhab as against the petitioners.