MOHD. AFZAL KHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a direction to respondent Nos.1 to 4 not to release the five sealed jewellery boxes deposited with respondent No.4 in safe deposit boxed being (i) 20/57-102 dtd. 5/7/1961; (ii) 21/24-160 dtd. 31/7/1962; (iii) 22/17- 172 dtd. 10/6/1963 and (iv) 45812 dtd. 8/4/1976 and (v) 70058 dtd. 24/4/1980 to any third party without deciding the rights and share of the petitioners in the above property or otherwise it would violate the fundamental rights guaranteed to the petitioners under Article 14, 19(1)(g) and 300-A of the Constitution of India and consequently direct respondent Nos.1 to 4 to decide the rights and shares of the petitioners in the jewellery which is in the custody of respondent No.4 before taking any decision to deliver the jewellery to any third party.

(2.) The petitioners herein claim to be legal heirs of defendant No.24 in C.S.No.7 of 1958 i.e., Smt.Raheem Unissa Begum w/o. Late Nawab Moin Ud Dowla Bahadur who is none other than the step mother of Late Nawab Zaheer Yar Jung Bahadur. It is stated that after the demise of Nawab Moid Ud Dowla, the erstwhile HEH Nizam was pleased to appoint late Nawab Zaheer Yar Jung (defendant No.1 in C.S.No.7 of 1958) as Amir E Paigah of all the properties including movables and immovables belonging to Asman Jahi Paigah and his son Nawab Moin Ud Dowla Bahdur. It is further submitted that upon the direction of Nawab Zaheer Yar Jung (Amir E Paigah), the family members including Smt.Raheem Unissa Begum deposited all their movable and immovable properties including jewellery and artifact in his custody and later was confiscated by the Department of Customs, Bombay and the same was taken into custody by respondent No.3 and deposited in the safe custody of respondent No.4 being boxes (i) 20/57-102 dtd. 5/7/1961; (ii) 21/24-160 dtd. 31/7/1962; (iii) 22/17-172 dtd. 10/6/1963 and (iv) 45812 dtd. 8/4/1976 and (v) 70058 dtd. 24/4/1980.

(3.) It is the further case of petitioners that Late Nawab Zaheer Yar Jung being the only custodian of the jewellery and the said movables and artifacts, and at no point of time assigned/transferred or conveyed the said jewellery in favour of third parties. It is submitted that C.S.No.7 of 1958 was filed by one Sultan Jahan Begum against Nawab Zaheer Yar Jung seeking partition and separate possession of the property belonging to Nawab Moin Ud Dowla Bahdur. During the pendency of the said suit, some of the defendants have entered into compromise with the plaintiff in pursuance of which preliminary decree was passed by this Court on 6/4/1959. As per the said decree, Smt.Raheem Unissa Begum i.e., defendant No.24 was entitled to her share in all the properties of Asman Jah including Jagir and other properties belonging to the Nawab Moin Ud Dowla.