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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 ..... ty; that the said property was allegedly owned by Smt. Basharatunnissa Begum, W/o. Late Nawab Hassan Yar Jung and it was allotted to her as her share from out of the estate of Late Nawab Waliuddowla; that she and her husband had a son by name Md. Ziauddin Khan; that Md. Ziauddin Khan succeeded to the property on the death of his parents along with other properties of his parents; that Md. Ziauddin Khan did not get married and died in May, 2011; and on his death, as per Muslim Personal Law, his entire estate devolved upon his male paternal surviving cousins. 6. The plaintiff alleged that she along with defendant nos.3 to 7 are the heirs of Late Nawab Mahmood Jung, who was one of the surviving male paternal cousins of the deceased; the petitioner in this Writ Petition who is 2nd defendant in the suit and Nawab Masood Ali Khan, who is the 1st defendant in the suit, are also paternal male surviving cousins as on the date of death of Md. Ziauddin Khan; that the plaintiff had also obtained a Fatwa from the Mufti Darul Ifta 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 intes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 2 S.C.C. 199 by issuance of a continuous Mandamus. He is also seeking a direction to the Dy. Commissioner of Police, Division C, Central Crime Station, Fateh Maidan Road, Saifabad, Hyderabad (12th respondent) to seize the original register, i.e., Book No.I, Volume No.616, Page Nos.385 to 386 containing a document dt.02.08.1978 (Document No.3057 / 1978) and to send it for Neutron Activation Analysis / Age of Ink Test to the Bhabha Atomic Research Center, Trombay, Mumbai. 11. It is the contention of the Writ Petitioner that : (a) that the property which is subject matter of O.S.No.952 of 2014 belonged to Sahebzadi Basharatunnisa Begum, W/o.Hassan Yar Jung vide registered Release Deed dt.14.07.1971; that she died intestate and her son Md. Ziauddin Khan also died on 22.05.2011; and that an FIR No.384 / 2011 dt.24.11.2011 was registered by the Punjagutta Police Station by recording his death as suspicious death; (b) that the petitioner is one of the collateral legal heirs of 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 arraye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is the sale consideration mentioned in the document. 17. It is contended that the sale consideration was not paid to the 16th and 17th respondents but was received by the 14th respondent and it is a benami transaction prohibited under Act 45 of 1988; that the real addresses and identities of the vendors were hidden; that even the sale deed dt.19.10.2013 is undervalued; and that authenticity of file / declaration bearing C.C.No.E2/4736/76 including Order dt.07.05.1992 in the Office of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad should be verified. 18. It is contended that the 18th respondent is a conspirator along with the vendors' i.e., respondent nos.16, 17 and 14th respondent; that certain Companies and Limited Liability Partnerships mentioned in paragraph no.16 were incorporated by respondent nos.19 to 35; that they are all doing business in real estate in and around Hyderabad without any GST registration 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; th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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. 28. We are of the opinion that the 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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