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TMI Blog2021 (2) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... ff to file this Writ Petition in order to avoid any suspicion against her and that he is colluding with her and supporting her in the suit. Petitioner and plaintiff in the above suit, by leading evidence in the suit, and by cross-examining witnesses for respondent no.18, can prove their contentions in the suit. This Court is not inclined to go into the several contentions advanced in the Writ Petition and conduct a parallel enquiry to that which would happen in the civil suit when it would go to trial. Nor is it inclined to express any view on the respective contentions of the parties. Petitioner wants this Court to do a roving enquiry into the affairs of the Registration Department and the business affairs of respondent nos.14 to 35 and cull out, using this forum, information which could be used by him or the plaintiff in the above suit, to black mail or coerce the 18th respondent to some sort of settlement, if possible. This Court cannot allow itself to be used as a private investigator by the petitioners to prove their contentions in the civil suit or to coerce the respondents 13 to 35 in the Writ Petition. Also, solely on the basis of suspicions and assumptions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jamia Nizamia about the entitlement of herself and the defendants to the estate of Late Md. Ziauddin Khan; that her father Nawab Mahmood Jung died on 29.10.2013 intestate and he succeeded to the interest and share while he was alive in the estate of Md. Ziauddin Khan; and the same devolved on the plaintiff and defendant nos.3 to 7. 7. The plaintiff contended that, after the demise of her father, she along with defendant nos.3 to 7 requested the petitioner and the 1st defendant for partition and separate possession of the estate of Md. Ziauddin Khan; that petitioner and 1st defendant in connivance with third parties and 8th defendant / 18th respondent herein had executed documents which are ineffective and void ab initio ; and in particular, the 8th defendant / 18th respondent in collusion with third parties obtained a fabricated document styled as a sale deed on 19.10.2013 from respondent nos.16 and 17 being registered Doc. No.845 of 2014 to which the 15th respondent Company represented by its Director, the 14th respondent, is a consenting party. 8. It is contended that thereafter the palatial bungalow belonging to Late Md. Ziauddin Khan in the suit schedule property wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Late Md. Ziauddin Khan; (c) that Sahebzadi Mubarrak Begum, another collateral legal heir had filed O.S.No.952 of 2014 for partition in which he is arrayed as 2nd defendant, and the 18th defendant is arrayed as 8th defendant; (d) that in the suit, the 8th defendant/ 18th respondent filed Written Statement contending that Md.Ziauddin Khan sold the entire property to one Syed Abdul Rab under a registered Sale Deed Document No.2409 / 1974, which according to petitioner is not traceable; (e) that the said Syed Abdul Rab had in turn sold the suit schedule property to the 15th and 16th respondents under a registered sale deed dt.02.08.1978 (document No.3057/1978); and (f) the 16th and 17th respondents in turn sold the said property to the 18th respondent under a registered Sale Deed dt.19.10.2013 being Document No.845 / 2014. 12. It is contended by petitioner that the sale deed dt.02.08.1978 is a fake document allegedly interpolated in the record of the District Registrar, Hyderabad; that the 16th and 17th respondents are only Auto Drivers and the 13th defendant is the brain behind this scheme and he is allegedly connected with the Heera Group Scam. It is alleged that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration and without any correlating GST returns; and there ought to be a forensic audit of these entities. 19. It is contended that counsel for petitioners had lodged three complaints dt.08.08.2020, 12.08.2020 and 30.11.2020 with the respondents; that respondent no.9 and 10 are working in the Registration Department of the State of Telangana which is very corrupt; that petitioner has locus standi to file this Writ Petition; and pendency of O.S.No.952 of 2014 is no bar to filing of this Writ Petition. 20. Sri Rakesh Sanghi, Counsel for petitioners, emphasized that persons who indulged in benami transactions/ money-laundering and evasion of income tax like respondent nos.13 to 35 cannot be allowed to go scot-free and escape the consequences of the statutes such as Act 45 of 1988, the Income Tax Act, 1961 and the Prevention of Money Laundering Act, 2002; and this Court, by granting the above reliefs sought in the Writ Petition, should ensure that Rule of Law prevails. He also cited several decisions including the decision in Vineet Narain (1 supra) for the above contention. 21. He also relied on the decision of the Supreme Court in National Institute of Mental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erce the respondents 13 to 35 in the Writ Petition. 29. Also, solely on the basis of suspicions and assumptions of the petitioner, we do not deem it appropriate to cast aspersions on officers of Government Departments like respondent nos.8 to 10. 30. In this regard we may quote the recent decision of the Supreme Court in Tehseen Poonawalla v. Union of India (2018) 6 SCC 72, at page 148 in which certain observations, though made in the context of public interest litigation, equally apply to cases like the instant one. The Supreme Court bemoaned: 98. Frivolous or motivated petitions, ostensibly invoking the public interest detract from the time and attention which courts must devote to genuine causes. This Court has a long list of pending cases where the personal liberty of citizens is involved. Those who await trial or the resolution of appeals against orders of conviction have a legitimate expectation of early justice. It is a travesty of justice for the resources of the legal system to be consumed by an avalanche of misdirected petitions purportedly filed in the public interest which, upon due scrutiny, are found to promote a personal, business or political ..... X X X X Extracts X X X X X X X X Extracts X X X X
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