SC takes note of pendency of suit since 1958, asks petitioners to approach HC for relief

A 62-year-old property dispute was on Monday brought to the fore by the descendents of Nawab Mir Yousuf Ali Khan Salar Jung III before the Supreme Court urging it to direct the government authorities to release the assets in their favour.

The apex court took note of the long pendency of the suit, related to properties of the Nawab, since 1958 and asked the petitioners Syed Zahid Ali and others to approach the Telangana High Court saying it can pass appropriate directions for its disposal in a “time bound manner”.

The petition, filed by the direct descendents and successors of the Late Nawab who died in March 1949, came up for hearing before a bench headed by Chief Justice S A Bobde which was told by senior advocate Abhishek Manu Singhvi, who appeared for the petitioners, about the background of the case as well as the pendency of suit before the high court since 1958.

“We are not inclined to entertain this writ petition under Article 32 of the Constitution of India. However, we are of the view that it would be appropriate for the petitioners to invoke the powers of the High Court under Articles 226 and 227 of the Constitution of India for the relief claimed by them,” said the bench, also comprising Justices A S Bopanna and V Ramadubramanian.

“Dr Abhishek Manu Singhvi, senior counsel appearing on behalf of the petitioners submits that the suit is pending since 1958. We are certain that the high court can pass appropriate directions for disposing of that suit and other connected proceedings in a time bound manner,” the bench said in its order.

The petition, filed through advocate Piyush Dwivedi, claimed that after the death of the Nawab, his alleged distant relative and several others started filing “false, bogus and collusive civil suits” for partition against each other with the malafide intention of illegally grabbing properties left by him.

It said that petitioners had filed a suit before the lower court for issuance of succession certificate and the court passed order in April 2020 to issue certificate in their favour.

The plea said that petitioners had made a representation to the concerned authorities along with a succession certificate with a request to release the assets belonging to the Nawab but “the representation was of no avail”.

It sought the apex court’s direction to the Centre to release of assets in favour of the petitioners.

During the hearing conducted through video-conferencing, Singhvi told the bench about the details of the case including the various orders passed by the courts and said that one of the suits is pending since 1958.

“We think you should go to the Telangana High Court,” the bench said. The property dispute has had a chequered history in which some alleged claimants of Royal property filed a lawsuit in the city civil court of Hyderabad which was later withdrawn. The suit was then taken to the high court which recorded the compromise decree and paved way of distribution of property among the claimants. Several petitions were filed later in the property dispute which is still continuing.

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