✦ High Court of India · 02 Sep 2025

1. Siraf Qadri alias Zahed Azmal Qadri v. The State of Telangana

Case Details High Court of India · 02 Sep 2025
Court
High Court of India
Decided
02 Sep 2025
Bench
Not available
Length
1,085 words

Petition under Article 226 of the Constitution of India praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, or orders, direction or issue a writ more particularly one in the name of writ of Certiorari calling the records relating to rejection Memo issued by the Respondent No.2 vide Rc.No.E4l74Bl2O21 dated. 02-1 1'2O21 and declare the said rejection for not excluding/deleting the land of the petitioners to the extent of (a) 5 acres situated in Sy.No.72l31 of Battisawargaon village, Revenue Mandal Mavala, District Adilabad belonging to petitioner No.1 and (b) 5 acres situated in Sy.No.72l33 (old) corresponding to 72l33la (new) of Battisawargaon village, Revenue Mandal Mavala, District Adi{abad, belonging to Petitioner No.2, from the prohibited list under section I 22(At rf the Registration Act, is illegal, arbitrary, violative of Article 14,21 , and 300-A (,1 lndia, and as well as the law settled by the Honourable Divir Court of A.P. reported in 2008 (5) ALD 626 Division Bench, ai the Constitution of on Bench of High 1 consequently set aside the Memo issued by the Respondent No.2 vide Memo ;ic.No.E4l74Bl2021 daled.211112021 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circL 'nstances stated in the affidavit filed in support of the petition, the High Court mav re pleased to pass an order, directing the respondent No.2 herein to permit the ps itioners to execute registered sale deed in favour of third parties in respect of thr: the petitioners' i.e. (a) to the extent of 5 acres situated Battisawargaon village, Revenue Mandal Mavala, Distriet A<li petitioner No.1 and (b) to the extent of 5 acres situated ir corresponding to 72t33la (new) of Battisawargaon village , Mavala, District Adilabad, belonging to Petitioner No.2, lv excludingi deleting the said land under the prohibited list of s Registration Act, by suspending the Rejection Memo issued No.2 vide Rc.No.E4l748l2O21 daled. O2-11-2021 , pending di,i in the interest of Justir:e. ,agricultural land of n Sy.No.72l31 of abad belonging to Sy.No.72133 (old) Revenue Mandal thout insisting for rction 22(A) of the ry the Respondent rcsal of main W.P. Counsel for the Petitioners : SRI S CHANDRASEKHAR Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.683 of 2o22 ORDER: This Writ Petition is frled seeking writ of Certiorari calling the records relating to rejection Merno issued by respondent No.2 vide Rc.No.E4/748/2O2L dated O2.lI.2O2l and declare the said rejection for not excluding / deleting the land of the petitioners to the extent of (a) 5 acres situated in Sy.No.72/31 of Battisawargaon village, Revenue mandal Mavala, District Adilabad belonging to petitioner No.1 and (b) 5 acres situated in Sy.No.72l33 (old) corresponding to 72/33/a (new) of Battisawargaon village, Revenue mandal Mavala, District Adilabad belonging to petitioner No.2, from the prohibited list under Section 22(A) of the Registration Act, is illegal and arbitrary and consequently set aside the Memo issued by respondent No.2 Rc. No.E4 /7 48 l2O2L dated 02. 1 l.2O2l. a

2. When ttre matter is taken up for consid: learned counsel for the petitioners submittt:r 'ation, the ' that the Memo issued.by respondent No.2 vide Rc.l'l ).841748/ 2O2l dated O2.ll.2O2l is contrar5r to the orders passed by a Hon'ble Division Bench of this Court reportec. n 2008 (5) N.D 626 DB. Perusal of impugned order woulcl ,reveal that basing on the report of respondent No.4 re1> rrting that after verification of Khasra Pahani for the yea' is found that the nature of the total extent of I 419.33 acres is Porampoke / Sarkari, th': 1954-55 it :iy.No.72 is "efore, the request ofthe petitioner is rejected.

3. L,earned Assistant Government Pleader [ 'r Revenue appearing for respondent Nos.1 to 4 submits tL at lands in question, which are sought to be release,l from the Prohibitory list of properties is in accordarlce \i/ th law and accordingly, indulgence of this Court is not wa: anted. The said prohibitory list is based upon the Rever ue records and upon the schedule submitted by the respor Cent No.4. 3

4. Recording the submissions of the learned counsel for both the parties, without going into the merits and demerits of the case, this Writ petition is disposed of granting liberty to the petitioners to file fresh applications before the respondent authorities within a period of four (4) weeks from the date of receipt of copy of this order. On filing of such applications by the petitioners, respondent authorities shall consider and dispose of the same, strictly in accordance with law, by taking into consideration of the settled position of law, including Land Acquisition law and other relevant laws, as expeditiously as possible, preferably within a period of twelve (12) weeks from the date of receipt of the said applications. There shall be no order as to costs.

5. As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed. //TRUE coPY// SD/. P.PONNA KRISHNA ASSISTANT BFISTRAR secrffiorrtcen To,

1. The Principle Secretary, Revenue- ' i;ir;s;;;-s""ruturiul'ih" State of relingana' Hvderabad' 2. The DistrictCollector, Adilabad' District Adilabad' -Departrnent' (Stamps. and Registration) lrr4!!€=: I

3. The Chief Commissk Revenue rje&",iffii R:?ld,l, i"T.i ^t?#:t JlXHn, or 4. The Tahsildar, Revenue Mandal Mavala, District Adilabac. 5. One CC to SRt S CHA| u g,in"". ," ", ,"*':n',,T:,TJ':::1",:n'""1 ;r,re or rerangana, u," o,re,ansana 7 PVL BSR Two CD Copies 6 HIGH COURT DATED:0210912025 I \ \ '. i,-tl - :_-:----: -:-,- - -*\ ^. ..,. ,,j.t /;..\ \i..1 l-' II ttB ?[26 I :€ srlA1 * ORDER WP.No.683 ot 2022 () I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ Lq'^ qL. Ar\t*

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