Supreme Court Notes Case Pending Since 1958, Sends It To High Court
A 62-year-old property dispute was on Monday brought to the fore by the descendants 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 SA 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 for the relief claimed by them, said the bench, also comprising Justices AS Bopanna and V Ramadubramanian.
Singhvi submitted the suit has been 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 with the malafide intention of illegally grabbing properties left by him. The 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.
Thus it sought the apex court's direction to the central government to release the assets in favour of the petitioners.
We think you should go to the Telangana High Court, the bench said.