✦ High Court of India · 05 Feb 2025

High Court · 2025

Case Details High Court of India · 05 Feb 2025

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 a writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not deleting the petitioners 4 acres of land in Sy.No.117l16 and 1 acre in Sy.No.117l17E into tolal 5 acres of land at Bommaipalli Village, Bhongir District, Yadadribhongir District, from the prohibitory property list inspite of petitioners application bearing No.2100133611 under TM 15 module for deletion of his property from Prohibitory property list as illegal, arbitrary and against Article 300-A of Constitution of lndia and consequently direct the respondent No.2 and 3 delete the petitioners land 4 acres of land in Sy.No.117116 and '1 acre in Sy.No.1'17l1 7E into total 5 acres of land at Bommaipalli Village, Bhongir District, Yadadribhongir District without reference to the Gangster Nayeem properties and Judgment of this Honorable High Court inWP 167871202'1 and Batch. lA NO: 1 OF 2025 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 2nd and 3rd respondents to consider the petitioners application bearing No.21001336'1 1 under TM 15 module for deletion of his property i.e. 4 acres of land in Sy.No.117116 and 1 acre in Sy.No.117i17E into total S acres of land at Bommaipalli Village, Bhongir District, Yadadribhongir District, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.JAGADISHWAR REDDy Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counsel forthe Respondent Nos.4 TO 6: GP FOR HOME The Court made the following: ORDER I ,.'\ THE HON'BLE SRI JUSTICE C,V.BHASKAR REDDY WRIT PETITION No.3165 of 2025 ORDER: This writ petition is hled seeking to declare the action of the respondent Nos.2 and 3 in not deleting the petitioner's land i.e-, land admeasuring Ac.4.00 gts., in Sy.No. I 17 I 16 and Ac.1'O0 gts., in Sy.No.117/ 17E, total admeasuring Ac.5.00 gts., situated at Bommaipalli Village, Bhongir District from the list of prohibitory properties, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the pattadar and possessor of iand admeasuring Acs.4.OO gts., in Sy.No.117 /16 and Ac. 1-OO gts., in Sy.No. 117 ll7E, total admeasuring Acs.5.00 gts., situated at Bommaipalli Viilage, Bhongir District, having purchased the same through registered sale deed bearing document No.2479 of 2008, dated 09.06.2008. It is further stated that the name of the petitioner was recorded in the revenue records and pattadar passbooks and title deeds were also issued as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1977 and the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. The case of the petitioner is that in the Dharani website, the subject properties have a I 2 CVBR, J wp_3165 2025 been shown in the list of prohibitory properties, therefore, he has submitted an application bearing No.21OO133611, dated 18.12.2O2t. The grievance of the petitioner is that the respondents have not considered the said application till date. Hence, the present writ petition.

4. Learned counsel for the petitioner has vehemently contended that the respondents are not having any power or authority to noti$r the private properties/ patta lands of the petitioner, except the properties which are prohibited under the provisions of 22-A of tlne Act and more particularly, in the absence of any of the restraining orders issued II/ the competent Civil Court or by this Court. Learned counsel further stated that the properties being acquired by the gangster Nayeem and his associates are pending investigation by the SIT authoritics and only to safeguard the public interest, the Government has directed all the Sub-Registrars not to entertain any of the documents for registration of the property of the gangster Nayeem situated within Bhongir District. The said issue is no longer res integra.

5. Learned counsel for the petitioner further stated that pursuant to the letter issued by the Special Chief Secretary to Government and Chief Commissioner of the Land Administration, Telangana, the properties being acquired by gangster Nayeem properties situated in 3 CVBR, J wp_3165 2025 the various mandals of Bhongir District rvere included in the prohibited properties list. Questioning the same, various wlit petitions have been frled on the file of this Court and the said writ petitions have been allowed directing the respondents to delete the properties from the list of prohibitcd properties since no notihcation was issued under Section 22-A ofthe Act.

6. Learned Assistant Government Pieader for Revenuc appearing for the respondents has not disputed that the properties purchased by the petitioner as private properties.

7. In view of the above submissions alrd since the issuc in the present writ petition is said to have been squarely covered by the I orders passed by this Court in W.P.No.16787 , 16963 and 18825 of 2021, d,ated. 25.03.2022, this Court, without going into the merits of the case and taking into consideration that the subject properties of the petitioner are the patta Iands, deems it appropriate to dispose of the writ petition permitting the petitioner to make a fresh application seeking deletion of the properties from the list of prohibited properties and on such application being frled by the petitioners, the respondents are directed to delete the subject properties from the list of prohibited properties within a period of eight (08) weeks from the date of receipt of such application. d-,-, 4 CVBR, J , - up_3165 2025 ^ L With the above observations, this Writ Petition is disposed of. No order as to costs. As a sequel, the rniscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPYII SD/ T. TIRUMALA DEVI PUTY REGISTRAR To SECTION OFFICER of Telang ana 1 . The Princi pal Secretary, Revenue De partment, Secretariat, Hyderabad, State I The District Collector , Yadadribho ngir District. 3. The Tahsildar . Yadadribhon gir District 4. The Addt. Di rector General of Police, Multizone lnscharge ADGp (StT), O/o Director Gen eral of Police Hyderabad, Telan ga na 5. The lnspector of Police Ch outuppal Rural ci rcle-cum ln-charge, SIT Bhongir R ural Ci rcld, Bhongiri Yada ciri Bhongir District 6. The lnspector of Police, Bhongir Rural Circle, Bhongir, Yadadri 7. One C CtoSR I K.JAGADI SHWAR RED DY, Advocate loPUCl 8. Two CCs to G P FOR REVENUE, High Court for the State of Telangana, at louTl 9. Two CCs to GP FOR HOME 0.Two CD Cop tos High Court for the State of Telangana, at bhogir District Hyderabad Hyderabad tOUI 1 PSK. BS $ HIGH COURT DATED:0510212025 ,] I ORDER WP.No.3165 of 2025 (? t t -) ,i. I 1 t\ E STAT a, 2 1 H RA 2[25 * o P A1 o DISPOSING OF THE WRIT PETITION WITHOUT COSTS n*1c4"1 "%:,( I

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