High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent No.2 in not issuing the No Objection Certificate in respect of the agricultural land admeasuring Ac.4- 27gts., in Sy.No.48/10/A situated in Neradigonda Village and Mandal, Adilabad District for the purpose of deleting the said land from the prohibitory property list as illegal, arbitrary, unconstitutional and against the Article 300-A of the constitution of lndia and consequently direct the Respondent No.2 to delete the property admeasuring Ac.4-27 gts., in Sy.No.4Bl10/A situated in Neradigonda Village and Mandal, Adilabad District from the prohibitory property list under Sec.22-A of the Registration Act. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to delete the property admeasuring Ac.4-279ts., in Sy.No.48/10/A situated in Neradigonda Village and Mandal, Adiiabad District from the prohibitory property list under Sec.22-A of the Registration Act, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B.MOHAN Counsel forthe Respondents: GP FOR ASSIGNMENT The Court made the following: ORDER II l l l THE HON,BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.l592 of2022 ORDER: The present writ petition is filed seeking to declare the action ofrespondentNo.2innotissuingtheNoobjectionCertifrcatein respect of the agricultural land admeasuring Ac'4'27 gts'' in Sy.No.a8/1O/A, situated at Neradigonda Village and Mandal' Adilabad District, for the purpose of deleting the said land from the list of. prohibited properties, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and pemsed the record' It is stated that the petitioner is the pattadar and possessor 3. of agricultural land admeasuring Ac'4'27 gts', in Sy'No'a8/ 10i A' situated at Neradigonda Village and Mandal, Adilabad District' having purchased through a registered sale deed bearing document No.6230of20|6,datedo5.0S.2oL6.Ilisfurtherstatedthatthe respondent No.3, after conducting a detailed enquiry' has submitted a report uideNo.Al288l2Ol9, dated 01'O1'2019 stating that as per the khasra paharri for the year 1954-55' the lands admeasuring Acs.1O-OO gts., in Sy'No'4S are classified as patta 2 larrds and the name of Sangam Lacb.rr.a S/o. Ganga is recorded as pattadar in both pattadar and cultivator columns. It is further stated that the said entries are continued from the year 1954-55 upto 2005-06. However, despite the same, the respondents, taking into consideration of the stray entiies in the revenue records, classified the said land as assigned lald and aJe not allowing any sale transactions over the subject land. Aggrieved by the said action of the respondents, the petitioner has submitted a representation on the file of the respondent No.4-the Tahsildar and respondent No.4, uide RC.No.A/54112076, dated 26.O7.2016, has stated that as per records, the subject land admeasaring Ac.4.27 gts., iri Sy.No.4S/ 1O/A, stands in the name of Smt. Sidarapu @ Sindarapu Rajawa W/o. Rajanna, prior to G.O.Ms.No.1406, dated

25.07.1958 came into force. It is further stated that as per the policy enunciated by the Government uide G.O.Ms.No.1406, dated

25.07.1958, the assigned lands are prohibited for transfer, but the szune are heritable.

4. Learned counsel for the petitioner has vehemently contended that since as per the kasra paleani for the year 1954-55, the nature of the lalds have been classifred as patta lands, the conditions laid down by the Government under G.O.Ms.No.14O6, dated

25.07.1958 are not applicable to the subject land in Sy.No.4S. In 3 fact, the provisions of the Tela,gana Land Revenue Act, 1317 Fasii (for short, the Act, 1317) and the Laoni Rules made thereunder are applicable to the facts and circumstances of the case. Re\ring upon the judgment of the Hon,ble Apex Court in Joint Collector, Ranga Red.d.g District a. D.Narsing Rq.o and otherst,learned counsel for the petitioner contended that once the name of the person recorded in the khasra pahani as pattadar the said Khasra Pahani wourd serve the purpose of a deed of title, when there is no other title deed. Learned counsel further submitted that even otherwise also, as per the Laoni Rules framed under the Act, 73lZ F, the persons, who are in occupation of the unoccupied lands and whose names have been recorded as Sivai Jamadars in the revenue records and from whom the revenue cist has been collected, are considered to be pattadars of the said lands.

5. Be that as it may, the grievance of the petitioner is that the respondents, without issuing any notice and without following the procedure prescribed under the provisions of the Telangana Assigned Lands (prohibition of Transfers) Act, 1972, are frequently causing inconvenience ald also included the subject propert5r in the list of prohibited properties under Secti ort 22_A of the Registration Act, lgog and the Rules made thereunder. In fact, the ' lzotq I scc oes l l I : l I l I :} ,i 4 issues raised in this writ petition, are no longer res integra as these ISS1IeS are squarely covered by the Judgment passed by the Division Bench of this Court in Writ Appeal No.91 of 2O2O, dated lO.Oa.2O2l, wherein the Division Bench of this Court, while dealing with the similar issues has dismissed the appeal filed by the State confirming the findings given by the learned Single Judge that the assignments made prior to G.O.Ms.No.14O6, dated

25.07.1958 did not mention the condition of non-alienation, therefore, there was no impediment at any point of time for alienation of the subject land therein.

6. At this stage, learned Assistant Government Pleader for Assignment appearing for the respondents has submitted that the judgment relied upon by the Division Bench of this Court in Writ Appeal No.91 of 2O2O i.e., Letter Sent from PIot No.338, Etc. a. Collector & District Magistratez, is the subject matter of the SLP pending before the Honble Supreme Court, therefore, pending adjudication of the SLP, the petitioner is not entitled for any relief and as such, the writ petition filed by the petitioner is misconceived ald prayed for dismissal of the same. ,2OO8 (41 APLJ 5 5 I I

7. A perusal of the record would revea_l that as per the kasra pahani for the year 1954-55, the nature of the rand has been classified as patta land and the name of the pattadars have been recorded in the pattadar column and as per the policy enunciated by the Government vide G.O.Ms.No. 1406, d.ated. 25.O7.1958, the larrds which are assigned prior to 2S.O7.lgig are transferable and there is no condition of non alienation and therefore, this Court is of the opinion that the petitioner is entitled for deletion of the lands from the list of prohibited properties. Further, as per Section 22_ A(a) of the Act, 19O8, the State is conferred with the power for deletion/de-notification of trre properties from the rist of prohibited properties. f I

8. In view of the above, this Court deems it appropriate to dispose of this writ petition, permitting the petitioner to make an online application in Dharani portal seeking deletion of the subject property from the list of prohibited properties, duly enclosing a1l the documents including the judgment passed by the Division Bench of this Court in W.A.No.9l of 2020. In the event of such application being made by the petitioner, the respondents are directed to examine the same and pass appropriate orders in accordalce with law, within a period of three (03) months from the date of receipt of such application. 6 g- With the above observations, this Writ Petition is disposed of' As a sequel, miscellaneous applications pending if any, shall stand closed. No costs //TRUE COPY// ,SD/-T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER { of Telangana. 1 . The Principal Secretary, Revenue Department, Se 2. The District Collector, Adilabad District 3. lhe Revenue Divisional Officer, Adilabad District 4. The Tahsitdar, Neradigonda fr/dnaat, AOifaOJO Otstrict 5. The"District Registrar,-Stamps ana riegistiitionlnjiEuro District, Tetangana . One CC to SRt B.MOHAN, Advocate fOpUCl . Two CCs to Gp FOR ASSiOruUerui, riigh CLud for the State of Tetangana, at Hyderabad. [OUTI . Two CD Copies riat, Hyderabad, State t) 7 To PSK. BS HIGH COURT DATED:0810412025 ORDER WP.No.1592 ot 2022 I I I :r .J .J {o * HE SrAI e' 1 2 6 APn 2025 I EsF^t c F-c, -:=:--- t 2ci t I DISPOSING OF THE WRIT PETITION WITHOUT COSTS u q6 CP