High Court · 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 an appropriate writ, order or directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondent No.2 to 4 in not deleting the petitioner's agricultural lands in Sy.,413/ eo, admsg., Ac.2-03 guntas, Sy., No. 4151 @ admsg., Ac.3-22 guntas and Sy., No.427l @ admsg., Ac.3-17 gubntas, situated at Cholapally Village, Farooqnagar Mandal, RR Dist., TG, from Prohibitory Properties List-2, since the date of 'uploading of Dharani Online Application vide transaction lD No.313169000010835 , dated.01-08-2023,1o till this date, even though no stay is in force in any case more particularly Case No.D1196/2009 and File No.D1/5168/2009 on file of the respondent No.2 and OS No.33 of 2008 on the file of 7th Addl., District Judge at Mahabubnagar and AS No.256 of 2013 on the file of the Hon'ble High Court for the State of Telangana at Hyderabad, TG, in respect of the said ilgricultural lands as highly illegal, arbitrary and contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act,2020(Act I,202(l) and violation of Articles of Constitution of lndia and consequently direct the respondents No.2 to 4 to delete the petitioner's above mentioned agricultural lands from Prohibitory Properties List-2 forthwith lA NO: 1 OF 2025 .Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the respondents No.2 to 4 to delete the petitioner's agricultural lands in Sy.,No. 4131 @, admsg., Ac.2-03 guntas , Sy.. No. 415t e admsg., Ac.3-22 guntas and Sy., No.427l eo admsg., Ac.3-1 7 gubntas, ituated at Cholapally Village, Faroocinagar Mandal,RR Dist., TG from Prohibitory pr,rperties List- 2forthwith , pending disposal of the above writ petition Counsel for the Petitioner: SRI. BETHI VENKATESWARLU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI WSTICE c.v.BHAS KAR REDDY UIRIT PETITION No.6 620 of2025 ORDER: This writ petition is filed seeking following reliet "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or di-rections more particularly one in the nature of Writ of Mafldamus, declaring the action of the respondents more particutarly the respondent No.2 to 4 in not deleting the petitioner,s agricultural lands in Sy.4l3/eo, admsg., Ac.2-O3 guntas, Sy.No.415/e, admsg., Ac.3-22 guntas and Sy.No.427/e9 admsg.. Ac.3-17 guntas, situated at Cholapally Village, Farooqnagar Mandal, RR Dist., TG, from prohibitory Properlies List-2, since the date of uploading of Dharani Online Application vide transacrion ID No.313169000010835, dated 01_08_ 2023, to till this date, even though no stay is in force in any case more particularly Case No.D1/96 /2OO9 and, File No.D1l516g/2OOg on the file of the resFondent No.2 and OS No.33 ot 200g on the frle of 7n Addl., District Judge at Mahabubnagar and AS No.256 of 2013 on the file of the Hon'ble High Court for the State of Telangana at Hyderabad, TG, in respect of the said agricultural lands as highly illegal, arbitrary and contrar5r to the provisions of the Telangana Rights in Land ald Pattadar Pass Books Act, 2O2O (Act 9, 2O2Ol and violation of Articles of Constitution of India and consequently direct the respondents No.2 to 4 to delete the petitioner,s above mentioned agricultural lands from Prohibitory Properties List-2 forthwith and to pass such other order or orders in the interest ofjustice."

2. It is stated that the petitioner is the owner and pattadar of agricultural lands admeasuring to arr extent of Acs. 2.03 guntas in Survey No.4l3/eo, Acs. 3.22 guntas in Survey No.4lS/e9, and Acs. 3.17 guntas in Survey No.42Z /e, situated at Cholapally Village, \' -:::n=- ::!X: $t '.,. q{ii- ,:!,4^ ii{F &tr tt'r-*:. E If*:: -,--.lir-la.--- 2 CWR,J W.P.No.66Lt0 of 2025 Farooqnagar Mandal, Ranga Reddy District (for short, 'the subject land] having purchased the same under registered SaIe D<:ed uide Document No. 19132 of 2OO7 dated 27.OI.2OO7. It is further stated that the revenue authorities mutated the name of the petitioner in the revenue records as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1977 (for short, the ROR Act, l97l). ft is further stated that the subject land of the petitioner arrd other lands situated within the limits of Chowlapally Village of Farooqnagar Marrdal are the subject matter of the appeal in, Case No.B/ROR/1364i2OO8 which was allowed by the Revenue Divisional Officer, Mahabubnagar, uide order dated 25.06.2009, directing the 4n respondent tc implement the name of the appellant therein in revenue records in Form No. I and other village records duly carrying necessary amendments in Form No. I ROR and issue pattadar passbooks and title deeds in the name of the appetlant thr:rein in respect o[ the land in Survey Nos.412, 41g,427,415 and 438 and report compliancer. It is further stated that aggrieved by the order dated 25.06.2009 in Case No.B/ROR/ 136412008, Sri Syed. Abdul Hakeem, who is lst respondent therein, has preferred a revision case No.Dll96l2O09 rLnd File No.D1l516812OO9 and the vendor of the petitioner and two others have preferred a revision case No.Dl/92/2009 arrd File No.D1l5164/2OO9 under Section 9r of the ROR Act, 1971 and the Joint Collector, Mahabubnagai allowed the \ J CVBR, J W.P.No.6620 of 2025 said two revision cases uide orders dated ll.O5.2Ol2 by setting aside the order dated 25.06.2009 passed in Case No.B/ROR/1364/2OO8 and advised the respondents in case No.D1/9212OO9 and File No.D1/5164/2OO9 to approach the civil Court seeking redressal in the matter and the respondents in case No.Dl /9612009 and File No.D1/5168/2OO9 to put forth their claims in the main suit in O.S.No.33 of 2O08 pending before the learned VII Additional District Judge at Mahabubnagar for adjudication. As per the orders dated ll.O5.2ol2 of the Joint Collector, 4ft respondent has issued proceedings No.B/267612012 dated 13.09.2012 by ordering to restore thc names of the original parties in respect of Survey Nos.412,'413, 415,427, 438 available prior to passing of the order dated 25.06.20O9 and the petitioner, being the purchaser of part of the lands in the said survey numbers, his name was entered in the revenue records in respect of the subject land as pattadar and he was issued pattadar passbook No.T0506O20O324 Khata No.549 dated, 2O.O4.2O18. It is further submitted that prior to hling of the two revisions and appeal, the revision petitioner in Case No.D I /96 / 2009 and two others have already filed a suit uide O.S.No.33 of 2008 for partition and separate possession of the suit schedule properties and the said suit was preliminarily decreed uide judgment and decree dated 19.02.2013 passed by learned VII

1.-,- Additional District Judge, Mahabubnagar. Aggrieved by the l j 4 CWR, J W.P.No.662O of 2025 1n preliminary decree dated 19.O2.2Ols O.S.No.33 of 2008, defendant No.7 in O.S.No.33 of 2OOg has preferred a first appeal in A.S.No.256 of 2O13 and others have filed Cross Objections (SR).No.7O03 of 2O13 before this Ccurt a:nd this Court allowed the said appeal suit ulde.iudgment dated 2S.O4.2023 by setting aside the judgment arrd decree dated, 19.02.2023 in O.S.No.33 of 2O08 and dismissed the Cross Objections (SR).No.7OO3 of 2013. Aggrieved by the said order respondent No. I and others in A S.No.256 of 2013 have preferred S.L.p(C).No .2Slg4_2S1gS of 2O23 before tfre. Honble Supreme Court and the same is pending ald no stay was gralted in the said S.L.p. The grievalce of the petitioner is that even after the litigation attain.ing finality, the subject lands have been included in the list of prohibited properties-2 maintained under the provisions of Registration Act, 190g srnce 03.O7.2019 and even thotlgfi tt1s petitioner has .made online application rn Dharani Portal uide Transaction ID No'31316g000010g35 dated 01.0g.2 023 for deletion of the subject land from the list of prohibited properties_2 and denotifying the same and consequential issuance of the pattadar passbook, the respondents a-re not considering the same. Hence, the present writ petition is filed \ \ t t 5 CWR' J W.P.No.6620 oJ 2025

3. Considered the submissions made by the learned counsel for the parties and with their consent this writ petition is disposed ofat the admission stage'

4. Learned counsel for the petitionel' contended that since the Iitigation has attained finality' the respondents have to delete the subject land of the petitioner from the list of prohibited properties-2'

5. The Sub-section (4) of Section 22-A of the Registratton Act, 1908 confers the power on the State Government either suo motu or on an application by arry person or for giving effect to the final orders of the High court of Telangana or Supreme court of India to proceed to de-notify, either in full or in part' the notification issued under Sub-Section (2) and Rules made under the provisions of the Registration Act, 1908' In the instant case' since it is the specific case of the petitioner that he has made an application in Dharani Portal uide Ttansaction ID No'313169000010835 dated 01.Oa.2I23for deletion of the subject land from the list of prohibited properties-2, this Court deems it appropriate to dispose of the writ petition directing the respondents to examine the said application strictly in accordance with the provisions of the Registration Act' 19O8 and taking into consideration of the pattadar passbook issued earlier under the provisions of RoR Act, l97l and pass appropriate orders in accordance with law' In any event' if the petitioner fails to / / i I 6 CWR, J W.P.No.6620 of 2025 ,'. satisfy any of ttre requirements, respondents are directed to pass a reasoned order ztnd communicate the same to the petitioner u.ithin a period of eight ((lg) weeks from the date of receipt of a copy of this order.

6. With the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscelranec,us apprications pending, if any, shan stand closed. //TRUE COPY// SD/- T. TIRUMALA DEVI REGISTRAR STfl\'T ASSI {i},; ON OFFICER To, TS lbrahimpatnam, RRDist.,T.S

1. The Principal Sc.cretary, Revenue Department, TS Secr-etariat, at Hyderabad, 2. The District Collector,_ Ranga Reddy District, Office at Kongarakalan, 3. The Revenue Drvisional Offic_er, Shadnagar RevenueDivision Faroqnagar 4. The Tahsitdar, Faroqnagar Mandal, Ranga Reddy Dist., TG 5. One CC to SRI BETHI VENKATESWARLU, Advocate tOpUCl 6. Two CCs to GP FOR REVENUE,High Court for the State oi felangana at 7. Two CD Copies Mandal, Ranga Reddy Dist., TG Hyderabad [OUT] BM GJP ** \ \ HIGH COURT DATED:0510312025 CC TODAY ORDER WP.No.6620 of 2025 1 \ 8 1i STA 16: I'lIR 206 o t D -.:.'\'.. tarO DISPOSING OF THE WRIT PETITION WITHOUT COSTS