Hyderabad: A set of claimants has allegedly fabricated a court decree before the High Court to obtain directions preventing government officials from interfering with their possession of a parcel of land.
A criminal complaint has been lodged by the revenue divisional officer, Hydera-bad, 53 days ago against one Syed Mohammed Boghdadi, Syed Mahmood Boghdadi, Syed Ahmed Boghdadi and Shaik Altaf Mohiduddin who had claimed possession of a parcel of land in Huma-yunnagar known as Devunikunta. No action has been taken yet.
The Humayunnagar poli-ce has registered an FIR (No. 259/2019 dated 21-09-2019) against Syed Mohammed Abdul Hussain Boghdadi and two others on the complaint of RDO, Hyderabad, D. Srinivas Reddy, for misleading the High Court by allegedly suppressing facts. The accused persons had obtained interim orders from the High Court in the Devunikunta lake issue submitting an allegedly fabricated decree in OS No. 204 of 1997 on the file of the IV Additional Judge City Civil Court.
The issue surfaced in March when a few activists drew the attention of the Hyderabad collector about levelling of the lake, dismantling of the bund and laying of road within the full tank level (FTL) and plotting on the land of Devunikunta. The collector ordered the Asifnagar tahsildar to protect the lake from encroachments and he removed a few hutments. Later, in June, the Boghdadi brothers started filling the land and draining out water with pumps, but authorities once again stopped them from changing the status of the land.
The Boghdadi brothers moved the High Court on June 10 claiming that their mother Muneerunnisa Begum was the pattedar, owner and possessor of 11 acres and 22 guntas in Survey No. 22/Paiki of Asifnagar village. They requested the court to issue writ order or direction declaring the proceedings (No. B/C/389/2011 dated 24-05-2019) issued by the Asifnagar tahsildar and direct the officials not to interfere in any manner with the possession and enjoyment of the petitioners over the land measuring five acres and 22 guntas correlated to TS No. 1, 2 and 4, Ward No. 23, Block No. H, situated in Asifnagar.
They pleaded that according to the court decree awarded in OS No. 104 of 1992 on the file of IV Additional Judge City Civil Court, Hyderabad, their mother was declared the pattedar over the land parcel. They contended that the judgment of the City Civil Court had attained finality and the government authorities were claiming the property after a lapse of 25 years. Consequently, the High Court in interim orders directed the officials not to interfere with the possession of the land by the petitioners.
The Asifnagar tahsildar developed doubts over the decree and obtained a certified copy in OS No. 104 of 1992 on file of IV Additional Judge, Civil Court. On perusal of the judgment copy with the judgment submitted in the High Court, officials noticed that there is a conflict in OS No. 104 of 1992. The tahsildar then addressed a letter to the Chief Judge, City Civil Court, with a request to issue genuineness of the judgment passed in OS No. 104/1992 so as to protect the interest of the government.
On verifying the decree sent by the Chief Judge, officials found that writ petitioners in WP No. 11316 of 2019 had allegedly filed fabricated documents and claimed the land by virtue of creating decree orders. Subsequently, the RDO Hyderabad lodged a criminal complaint against the Boghdadi brothers alleging fabrication of documents and misleading the High Court and government officers. The Asifnagar police has registered a case on September 21 under IPC Sections 420 (cheating), 468 (forgery) and 471 (using as genuine a fabricated document).
State general secretary, Socialist Party (India), Dr Lubna Sarwath said as per the RDO statement, the Chief Judge City Civil Court issued letter dated September 6, which stated that the decree in OS 10 of 1992 by the IV Additional Judge is about recovery of money, the plaintiff and defendants, date of judgment and even judge are different from the decree that was produced by Boghdadi and others to obtain a stay on their encroachments into Devunikunta.
She said this indicated that the High Court judgments for peaceful possession of Boghdadi brothers were issued without verifying the authenticity of decree in OS 104 of 1992. The High Court judgments which are not in favour of water bodies are in contempt of the Supreme Court judgement.
She said in Hinch Lal Tiwari vs Kamala Devi and others, the apex court said the government, including the revenue authorities, having noticed that a pond is falling into disuse, should have developed it. This would, on the one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public. Such vigil is the best protection against attempts to seek allotment in non-abadi sites. She asked the authorities to take stern action against the persons who mislead the court and government officials. Mr Osman bin Mohammed Alhajiri who is also working to protect the lake said it is proved that the documents submitted before the High Court were fake and fabricated, but the land grabbers were still enjoying the possession and draining the lake. It is a crystal clear perjury case, he alleged, and asked officials to move the High Court seeking permission to take action against the persons who gave a false affidavit and submitted fake decree.
Humayunnagar police station house officer Korani Sunil had said “We are verifying the documents.” He said, “as it is a civil matter, we have to verify the documents keenly. Certainly we will act in accordance with the law.”
