M/s Vallabha Estates Pvt. Ltd, Rep. by its Managing Director v. Krishna Prasad S/o Late Peddaiah, Aged about
Case Details
Acts & Sections
Judgment
7. The State of Telangana, Rep by its Principal Secretary (Registration and Stamps) Secretariat Buildings Hyderabad The Commissioner, and lnspector General Registration and Stamps, Telangana, Hyderabad. The Chief Commissioner, of Land Administration, Telangana, Hyderabad The District Collector, Ranga Reddy District. The District Registrar, Ranga Reddy District. The Sub Registrar, Serlingampally, Ranga Reddy District. The lncome Tax Department, Rep by Tax Recovery Officer (Central)' Basheerbagh, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondents Nos.2 to 6 herein in notifying petitioners land admeasuring Ac.04-00 Guntas in Sy.No.137 Part situated at Vattinagulapalli Village, Gandipet Mandal, Ranga Reddy District under Prohibited Properties 1st, under the guise of court stay and Order of Attachment passed by respondent No.7, as illegal, arbitrary, non-application of mind, in violation of Registration Act-1908 besides being in i I i I i violation of principres of Naturar Justice and consequenry to direct the respondents herein to denotify the petitioners rand admeasuring Ac.04-00 Guntas in sy No.,,37 part situated at vattinagurapari virage, Gandipet Mandar, Ranga Reddy District, from the prohibited properties forthwith. lA NO:1 oF 2025
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents herein to denotify the petitioner,s rand admeasuring Ac.04_ 00 Guntas in sy.No' 137 part situated at Vattinagurapari Virage, Gandipet Mandal, Ranga Reddy District, from the prohibited properties forthwith pending disposal of the above writ petition. Counsel for the petitioner : SRI KATIKA RAVINDER REDDY COUNSEI fOr thE RESPONdENTS NO.1tO6 : AGP FOR STAMPS & REGISTRATION Counsel for the Respohdents No.7 : Ms.K.MAMATHA, SC FOR lT The Court made the following: ORDER i I l THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR V!'I{IT PETITION No.324 of 2025 ORDER Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Stamps and Registrations appearing for respondent Nos.1 to 6 and Ms.K.Mamatha, learned standing counsel for Income Tax Department appearing for respondent No.7. With their consent, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking the following Prayer:- " to declare the action of the responrlents more pnrticulnrly respondents Nos.2 fo 6 herein in notit'ying petitioner's lnnd admensuring Ac.04 00 Guntas in Sy No.137 Pnrt, situated Vattinagulapalli ViLLage, Gandipet Mandnl, Ranga Reddy District under Prohibrted Properties list, under the guise of court stny nnd Order of Attachment passed by respondent No.7, as illegal, arbitrary, non-applicntion of mind, in utolation of Registrotion Act-1908 besides being in ttiolation of Priuciples of Naturnl lustice and consequently to ditect the respondents hcrein to tienottfu the petitioner's Innd admensuring Ac.O 400 Cuntns in Sy.No.137 Part situated at Vattinagttlnpalli Village, Gnndipet Mandal, Ranga Reddy District from the Prohibited Properties t'ortluoith."
3. Brief facts rising to file this writ pctition are that the petitioner claims to be the owner and possessor of land admeasuring Ac.04-00 Guntas in Sy No.137 Part, situated at Vattinagulapalli Village, Gandipet Mandal, Ranga Reddy District, having acquired thc same through registered sale deed bearing document No.12287 of 2004 dated 07 .12.2004. 2 -a'
4. Learned counsel for the petitioner submits that r,t,hile cl.Lecki.g the revenue records in the Dharani portal and IGRS website, the pl.titioner came to know that the subiect propcrty is notified ur-rder prohibited properties list undcr thc prcte.r t of order of attachment passed by responclert No.7. lt is further submittecl that the petitioner made a representation before respondent No.7 and explained that the subject property is not at all related to thb order of attachrnent and just because the survey numbers are same/ the s;u bject property is notified in the prohibitory property list. Thereafte.r, respondent No.7 addressed. a No.F.No.liftlTRC(:enrral)/Hyd/2OB_2a dated 06.11.2023 ro respondenr letter bearing No.6, whcrein it is stated that the land admeasuring 160 guntas rn Sv.No.137 Part Vattinagulapalle Village, pertains to the petitioner ancl tht: attachment issued in the case of Sri.Karim Nawaz Alladdin is hereby lifted in respect of petitioner's propel-tv.
5. Learnecl cc,unsel frtr the petitioner submits that the petitioner on 0201 2025 made a cretail representation ancl requested respo,dert Nos.2 and 4 to de-notif)' the subject land frcm the prohibitory properties list, how,ever the sarne is still pencling. Aggrievecl by the same, this writ petition is filed. 6 Learned Assistant Government preader placed on record instructions issued by Tahsilda;-, Gandipet Mandal, Ranga Reddy District, reler ant ptrrtiorr is extracted hereu nder:- "Furtner, it is submittetl thnt the subject Land.s are pnrL and pttrcel of Shankara Hilts plots. ln tieto of tlrc z,ar:ious J sale transactions in the said lands Some of the plot otoners approached the Hon'ble High Court and f.led lN,P.No 21643 o[ 2022 /or rcmooal o[ saitl lands fron Dhnrnni os agicullure lands and Tfu Hon'ble iourt passed interim orders on 16.06.2022 in IA No. 1 of 2022 ns "no.t lo interfere u,ith further transaclion in reipect of tlrc subject lands." Consequently, ptot ou,ners nsso,ciation filed applicnlions for btocking lransaclions in Court case Inlimqtion module in Dharani and same toere blocked further transactions in the subiect lands.,,
7. Per contra, learned counsel for the petitioner submits that the petitioner's subject land is not part and parcel of Shanlara Hills plots and has drawn attention of this Court to the remarks mentioned in the prohibitory property list, whercin it is statecl as'order of attachment, and further submits that thcre is no mention about the interim order dated 16.06.2022 passed in IA No.1 of 2022 in WP.No.21643 of 2022, in the prohibitory property list and pray I I this court to direct the responcrent Nos.2 and 4 to consider the petitioner,s representation dated 02.01.2025 and de-notify the subject land from ihe prohibitorv properties list in a time bound pcriod. tl. Learned Assistant Government pleader did not dispute the same an<l learned stancling counsel appearing for respondent No.7 submits that the respondent No.7 uide letter bearing No.F.No.lif t/TRO(cenrral)/Hy d/2023_24 dated 06.77.2023, has lifted the attachment in respect of subject property and pray this Court to pass appropriate order. 9 Having considered the above facts and circumstances and since the petitioner's representation dated 02.01.2025 is still pending, this Court deems it appropriate to dispose of the writ petition directing the respondent a I .:] ':;. 1 authorities to cousider the case of the Petitioner ancl dispose the representation clated 02.01.2025 and pass appropriate orders strictly in accordance witl-r [ar,r', as expeditiously as possible, preferably within a pcriod of three (03) wceks from the date of receipt of copl' of this order and communicate the s'tmc to the petitioner.
10. Accordingll this writ petition IS disposed of. Mjscellaneous applications, if any pending, shall stand closed. No order as to costs SD/- P.PADMANABHA REDDY ASSTSTAT{T REGTSTRAR //TRUE COPY// ') sEcTtoN oFFtcER To,
1. The Principal Secretary (Registration and Stamps) State of Telangana, Secretariat Buildings Hyderabad
2. The Commissioner, and lnspector General Registration and Stamps, Telangana, Hyde:rabad.
3. The Chief Comrrissioner, of Land Administration, Telangana, Hyderabad. 4. The District Collerctor, Ranga Reddy District. 5. The District Registrar, Ranga Reddy District. 6. The Sub Registrar, Serlingampally, Ranga Reddy District. 7. The Tax Recovery Officer (Central), lncome Tax Department, Basheerbagh, Hyderabad. B. One CC to SRI KATTKA RAVTNDER REDDY, Advocate. [OPUC] 9. Two CCs to GP FrOR STAMPS AND REGISTRAT|ON, High Court for the .l0.one cc to Ms.K.[\/AMATHA, SC FOR tT DEPT. [opuc] State of Telangana. [OUT] 1 1 . Two CD Copies. BSK PSK w HIGH COURT DATED:0910112025 ORDER WP.No.324 of 2025 :=:: 'ri{E l: i-r .l ?. o. _> \:.. J c ') 1 6 JAI'I 2125 * o ... ,1 . .,/ _;/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS a )A