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11. The claimants contended that late Saheb Begum Saheb had purchased Maktha (Arazi Maktha/self-acquired) of village Saheb Nagar Kalan under a sale deed dated 05.03.1243 Hijri and after her demise, her son late Mohammed Ali Khan known as Salar Jung and lastly Yousuf Ali Khan, the only son of Salar Jung-II known as Salar Jung-III, has succeeded the properties. The estate of late Salr Jung-III comprising Arazi Maktha, Jagir etc., were taken over by the Government of Nizam and were kept under the supervision and management of the Court of PSS,J Wards when the Salar Jung-III was aged one month old and after attaining the majority, the properties were released by the Government of Nizam, Hyderabad through Farman dated 18th Rabbi Ul Awwal 1331 Hijri from the Court of Wards and thereafter Salar Jung-III continued to be in possession and enjoyment of all the properties including Arazi Maktha. The said Salar Jung-III died issueless on 02.03.1949 and thereafter a Committee was appointed by H.E.H. Nizam on 23.03.1949 and that a special Regulation was passed by the Government of Hyderabad State known as Salar Jung Estate (Administration) Regulation No.XXXIV 1358 Fasli and all the properties of Salar Jung-III were vested under the Regulation and the Estate was administered by Salar Jung Estate Committee and all the properties were taken over by the Government of Hyderabad under the Abolition of Jagirs Act and Salar Jung Estate was dissolved vide G.O.Ms.No.952, Revenue, dated 18.05.1959. The claimants further contended that Jagir Administrator, Hyderabad, on submission of claim by the Committee of Estate Salar Jung for release of Makthas belonging to the Estate and PSS,J after hearing the parties, ordered for release of Arazi Makthas from integration in favour of Salar Jung vide Letter No.808/CH dated 24.04.1954 and requested the Collectors of Nalgonda, Mahabubnagar and Hyderabad to effect release of the possession of all the 12 Arazi Maktha lands and Saheb Nagar Kalan village lands were listed at Serial No.1 of the 12 Arazi Makha villages attached to the order dated 24.04.1954. Thereafter, the Deputy Jagir Administrator vide judgment dated 26.07.1955 in file NO.19/C had directed the concerned Collectors to effect release of lands already ordered vide 808/CH dated 24.04.1954 with exemption of Goathan, Rastha, Naddi, Nala and other public places.

12. The committee of Estate Salar Jung presented the claim in the office of Nazim Atiyat, Hyderabad, dated 15.10.1955 and thereafter the Office of Nazim Atiya published a preliminary notification No.H1550/1 in File No.2/56 on 15.02.1956 in the Government of Hyderabad Gazette Part-II dated 29.03.1956 declaring the possession of all the properties comprised of Jagirs and the Arazi Makthas shown in the list marked A. B, C & D PSS,J held in possession by Salar Jung-III at the time of his demise for confirmation of possession by Sir Salar Jung-III and issue of Muntakhab. They contended that Sahebnagar Kalan village was listed in the List marked 'D' as purchased property. The claimants further contended that the Court of Nazim Atiyat in File No.2/56 dated 26.06.1968 held that Arazi Maktha villages including Sahebnagar Kalan village listed therein are Arazi Maktha lands and were released in the year 1954 from integration in favour of Salar Jung Estate as they did not come under the Jagir Abolition Act. As directed by the Court of Nazim Atiyat, the claimants filed suits being O.S.No.156 of 1980 and 1451 of 1983 before the VII Senior Civil Judge, City Civil Court, Hyderabad, for declaration that they are the successors of late Salar Jung-III and that the learned Judge, by judgment dated 12.10.2004, decreed the said suits by declaring that defendant Nos.24 to 43, 46 to 65, 109 and 110 are successors/legal representatives of late Salar Jung-III. Aggrieved by the said judgment, A.S.Nos.222 of 2005 and 335 of 2005 were preferred before the III-Additional Chief Judge, City Civil Court, PSS,J Hyderabad, and the same were dismissed by judgment dated 01.08.2007. As per the judgment in O.S.Nos.156 of 1980 and 1451 of 1983, the claimants, who are defendant Nos.109, 31 and 32 are legal heirs and successors of late Salar Jung-III. The claimants further contended that the pahanies for the year 1975-76 to 1982- 83 shows the name of Salar Jung as patttedar in respect of Ac.570.00 in Sy.No.201 as Arazi Maktha of Salar Jung, as stated by the Tahsildar and Deputy Collector, Hayathnagar, vide letter dated 16.02.2008 addressed to the Forest Settlement Officer, Hyderabad. The claimants contended that they are not parties in CCCA No.84 of 1982 and, therefore, the judgment passed in the said appeal is not binding on them. They further contended that the order of Joint Collector in file Nos.B3/8789/1985 to B3/8855/1985 is also not binding on them as the said order is based on the judgment passed by the High Court in CCCA No.84 of 1982.

PSS,J

17. The Forest Settlement Officer after going through the sale deed relied upon by the claimants, observed that late Saheb Begum Saheba had purchased Maktha of Saheb Nagar Kalan village under the sale deed dated 05.03.1243 Hijri. The contention of the claimants is that after the demise of said Saheb Begum Saheba, the said property was succeeded by her grandson Yousuf Ali Khan, Salar Jung-III, who continued to be in possession of the said property and he died issueless on 02.03.1949 and after the demise of Salar Jung-III, Salar Jung Estate Committee was constituted by Special Regulation XXXIV passed by the Government of Hyderabad and all the properties of Salar Jung including Sahebnagar Kalan village were vested with the Salar Jung Committee to administer the estate of Salar Jung-III. The Forest Settlement Officer further held that as per the judgments and decrees in O.S.Nos.156 of 1980 and 1451 of 1983, the claimants are the successors of late Salar Jung-III and they have a right to file the claim petition. He further held that as per the letter issued by Jagir Administrator, Hyderabad, dated 24.04.1954, the lands of Sahebnagar Kalan village were declared PSS,J as Arazi Maktha lands. It is evident from the judgment of the Deputy Jagir Administrator, Hyderabad dated 26.09.1955 that the Deputy Jagir Administrator directed the concerned Collectors to ascertain the areas of public places, determine and release all the arazi makthas with exemption of Goathan, Rastha, Nadi, Nala and other public places in favour of Salar Jung Estate. The Court of Nazim Atiyat by its judgment dated 26.06.1968, held that Arazi Maktha villages including Sahebnagar Kalan village have been declared as Arazi Maktha lands and were released in the year 1954 from integration in favour of Salar Jung Estate as they did not come under Jagir Abolition Act. The Forest Settlement Officer further held that in the pahanies issued by the Tahsildar, Hayathnagar, in pattedar column, it is mentioned as Salar Jung Sarkari and Arazi Maktha/Salar Jung Sarkari. Further, the claimants are not parties to CCCA No.84 of 1982 and that in the said judgment there is no mention of the letter issued by Jagir Administrator, Hyderabad, dated 24.04.1954 and the order of Deputy Jagir Administrator, Hyderabad dated 26.09.1955. The Forest Settlement Officer, after PSS,J evaluating the documents filed by the claimants, held that the lands in Sy.No.201/1 of Sahebnagar Kalan village included in Gurramguda Forest Block and notified under Section 4 of the A.P. Forest Act, 1967 are Arazi Maktha lands (Purchased lands) of Salar Jung-III and the successors/claimants/legal representatives of Salar Jung-III have a right and title in respect of the said lands. Further, the provisions of Forest Conservation Act, 1980 are not applicable to the private lands and for exclusion of the patta lands, permission of Central Government is not required as per the decision of the High Court of Andhra Pradesh in W.P.No.12137 of 1999 dated 24.08.1999. Accordingly, the Forest Settlement Officer, Hyderabad, by order dated 15.10.2014, allowed the claim petition filed by the claimants.

18. Aggrieved by the aforesaid order dated 15.10.2014, the Government of Telangana, preferred C.M.A.No.5 of 2015 before the Principal District Judge, Ranga Reddy District. Admittedly, the suits being O.S.Nos.156 of 1980 and 1451 of 1983 filed by respondents 1 to 3/claimants were decreed by the VII-Senior Civil Judge, City Civil Court, Hyderabad, by judgment dated PSS,J 12.10.2004, declaring them as successors of late Salar Jung-III and that the appeals being A.S.Nos.222 of 2005 and 335 of 2005 filed against the said judgment were dismissed by the III-Additional Chief Judge, City Civil Court, Hyderabad, by judgment dated 01.08.2007. Hence, the appellate authority held that since no second appeal was preferred, the findings given by the Courts below are binding on the Government. Since the notification under Section 15 of the Act has not been issued till 30.11.2005, preferring of a claim by the claimants for exclusion of the subject lands is rightly within limitation as held by the lower authority and the learned District Judge. It is evident from the record that late Saheb Begum Saheba, the great grandmother of late Salar Jung-III, purchased three Makthas by a sale deed dated 05.03.1243 Fasli executed by Rafit-Ul-Mulk and the recitals of the said document shows that it was executed in Persian language and it pertains to the year 1243 Fasli i.e., about 192 years old. The revenue records pertaining to Saheb Nagar Kalan village reveals that the three Maktha lands were purchased by Saheb Begum Saheba in the year 1243 Fasli. Further, it is evident that PSS,J after promulgation of Hyderabad (Abolition of Jagirs) Regulations, 1358 Fasli, the then Hyderabad Government issued a notification on 07.09.1949 transferring the entire estate of Salar Jung to Jagir Administrator, which came into effect on 20.09.1949. As per the letter dated 23.07.1953 issued by the Board of Revenue, Hyderabad in File No.10815/10817/A, an extent of Ac.570.00 Guntas of land out of Ac.770.00 Guntas in Sy.No.201/1 of Sahebnagar Kalan village was allotted to the Forest Department for establishing Soil Conservation Research Centre, though the land was originally belonging to Salar Jung Estate. Pursuant to that, Salar Jung Estate Committee filed a claim for release of the land belonging to the estate. Thereupon, it was decided by the Jagir Administrator, Hyderabad, that the lands detailed in the statement consisting of 12 villages including Sahebnagar Kalan village listed at Sl.No.1 were found to be Arazi Maktha and ordered for release of the same from the integration in favour of Salar Jung Estate vide Letter No.808/CH dated 24.04.1954. The learned Judge further observed that the revenue records till 1985-86 reflects the name of Salar Jung as PSS,J Arazi Maktha for the subject lands. As rightly held by the lower authority and the appellate authority that the Government did not produce any document before the Court to substantiate that the land in Sy.No.201/1 of Sahebnagar village is a Government property except relying on the findings of the High Court in CCCA No.84 of 1982. The learned Judge further observed that since the claimants, who are the successors-in-interest of late Salar Jung-III, are not parties to either O.S.No.906 of 1977 or CCCA No.84 of 1982, the findings therein are not binding on them. The learned District Judge, after going through the entire material available on record and after hearing the parties, held that as per the Jagir Administrator's letter dated 24.04.1954 and the judgment of Deputy Jagir Administrator in File No.19/C dated 26.09.1955, the lands in Sy.No.201/1 of Saheb Nagar Kalan village are Arazi Maktha lands. The Special Tribunal-cum- Additional District Judge in O.P.No.315 of 1988 also held that the lands are Arazi Maktha lands and private lands of Salar Jung Estate and the provisions of Jagir Abolition Act are not applicable to the said lands. Further, the revenue record which PSS,J includes pahanies shows that the land was recorded in the name of Salar Jung-III as pattedar and owner of the land till 1982-83. Accordingly, the learned Principal District Judge dismissed the C.M.A. filed by the Government by judgment dated 23.09.2016.