Alwal residents win legal battle as HC quashes tahsildar’s order | Hyderabad News
Hyderabad: In a major reprieve for 40 residents of Alwal, the Telangana high court has struck down a 2019 order by the Alwal tahsildar that had unilaterally classified their land as govt property. Justice B Vijaysen Reddy ruled that the revenue authorities had acted without legal authority and held that such ownership disputes must be settled by a civil court, not through summary administrative action. The tahsildar had declared a parcel of land in Alwal, locally known as ‘Tholla Kharkhana’ (old survey No. 380), as govt land.Allowing the writ petition filed by Bujji Banoth and 39 others, the court held that the tahsildar lacked the statutory authority to unilaterally declare the land as govt property. The judgment reinforces the principle that title disputes involving private claims must be adjudicated by civil courts and not through summary proceedings by revenue authorities.The dispute pertains to approximately five acres of land which, according to the petitioners, was originally owned by Haji Mohammed Turab Saheb and was later transferred through registered sale deeds. The petitioners claim to have purchased individual plots from Mohammed Najamuddin, who allegedly acquired the land by way of a registered gift deed.In June 2019, the tahsildar issued an order concluding that the land, shown as ‘Abadi Kharkhana Cheram’ in the revision survey, was govt property. The order rejected the petitioners’ documentary claims, labelling them ‘fake’ due to the absence of corroborating municipal records, lack of registered title, and non-allotment of new survey numbers. The tahsildar also noted that only three structures were found on the site, casting doubt on the petitioners’ possession claims.However, counsel for the petitioners, Srinivas Polavarapu, argued that the order had no legal foundation and violated previous high court directions. He cited a 2002 memo from the assistant director of survey and land records which described the land as privately owned, and submitted that the ‘abadi’ classification did not necessarily indicate govt ownership. He contended that title disputes cannot be summarily adjudicated under revenue laws, and must be resolved by a competent civil court.The high court concurred with the petitioners’ arguments, observing that the tahsildar’s proceedings were without jurisdiction and that the officer had misapplied earlier judicial directions. The court also emphasised that notices issued under the Telangana Revenue Summons Act, 1869, did not confer authority to determine land ownership or title. It held that the matter involved genuine and complex questions of title, unsuited for administrative or summary proceedings.Accordingly, the court quashed the tahsildar’s June 2019 order and restrained the state and revenue authorities from interfering with the petitioners’ peaceful possession of the land, pending adjudication by a competent civil court.
