Miyapur land battle
Hyderabad : A day after the Supreme Court verdict on the 550 acres in survey numbers 100 and 101 at Miyapur, legal representatives of Nawab Khaisaruddin Khan asserted that while the court had upheld the title history flowing through Khaisaruddin Khan, the judgement did not conclusively settle the long-standing dispute over whether the lands ultimately vested with the state govt. Because the enquiry under the Hyderabad Atiyat Enquiries Act, is pending before the Atiyat Court, “Though the record shows that the commutation amount was calculated for payment to the Khaisaruddin, the said commutation amount was never paid to the Khaisaruddin,. However, the court held that the lands vested with the state under the Jagir Abolition Regulations.
In a statement issued on Friday, NM Krishnaiah, counsel for Khaisaruddin Khan’s legal representatives, said the Supreme Court had acknowledged that Khaisaruddin was the Jagirdar and that provisional and revised commutation amounts had been calculated in his name.
He further maintained that even if the commutation amount were found to have been paid, the lands should still be released to Khaisaruddin’s legal representatives in accordance with the BOR‘s order and a 1996 judgement of the then Andhra Pradesh high court division bench.
The govt‘s claim over the Miyapur lands also traces back to Khaisaruddin, while all rival claims based on revenue entries have now been rejected by the Supreme Court, according to the counsel. “In view of the above the lands have to be released in favour of Khaisaruddin or his legal representatives based on the AP high court order and BOR judgement,” he added. He contended that the BOR order had attained finality as it was never challenged by the state govt. Krishnaiah further cited a constitution bench judgement of the Supreme Court in the Sikender Jehan and Babebuddin Khan case, which held that orders of the BOR were final and not subject to appeal. In such a scenario, he argued, the state could only seek recovery of the commutation amount.