ttrlohammedZia-Ul.Haq v. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated ln the affidavit filed therewith, the High court may be pleasedtoissueanappropriatewrit,orderordirectionsmoreparticularlyonein the nature of writ of Mandamus, declaring the action of the respondents more particularly the respondent No.2 to 4 in not deleting the petitioners agricultural lands in Sy., No. 4121 @, admsg.,Acl -31guntas, Sy , No 413/a admsg'' Ac'2-03 guntasandSy.,No.4lsl@eladmsg,Ac.3-22guntas,situatedatCholapall, Village, Farooqnagar Mandal, RR Dist., TG, from Prohibitory Properties List.2, since the date of uploading of Dharani online Application vide transaction lD No.301085900001859 and Dharani Ref., No. 2300024249 dated.05-08-2023, to till this date, even though no stay is in force in any case more particularly case No.D1/96/2009 and File No.Dl/5168/2009 on the 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 agricultural land as highly illegal, arbitrary and contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act,2020(Act I,2020) and violation of Articles of Constitution of lnd a and consequently direct the respondents No.2 to 4 to delete the petitioners 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 filec in support of the petition, the High Court may be pleased to direct the respondents No.2 to 4 to delete the petitioners agricultural lands in Sy., No. 4121 el, admsg ,Ac 1-31guntas, Sy., No.413/ eo admsg., Ac.2-03 guntas and Sy., No. 4151 @ el admsg Ac.3-22 guntas, situated at Cholapally Village, Farooqnagar N/landal, RR Dist., TG from Prohibitory Properties List-2 forth with pending disposal of the main writ petition Counsel for the Petitioner: SRl. BETHI VENKATESWARLU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER //. ,,:,. ,// THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6782 of 2o.25 ORDER: It is stated that the petitioner is the owner and pattadar of agricultural lands admeasurrng to an extent of Ac. 1.31 guntas in Survey No.412/eo, Acs.2.03 guntas in Survey No.413/ eo and 4cs.3.22 guntas in Survey No.4i5/e9e9, situated at Cholapally Village, Farooqnagar Mandal, Ranga Reddy District (for short, ,the subject landJ having purchased thc same under registered Sale Deecl uide Document No.4679 of 2OO7, dated 27.O7.2OO7. It is further stated that the revenue authorities mutated the name of the petitioner h the revenlle , records as per the provisions of the Telangana Rights in Land and Pa[tadar Passbooks Act, 1971 (for short, 'the ROR Act, 197 1'J,. It is further stated that the subject lancl of the petitioner and other lands situated within the limits of Chowlapally Village of Faiooqnagar Mandal are the subject matter of the appeal in Case No.B/ROR/ 1364l2OOa which was allowed by the Revenue Divisional Ofhcer, Mahabubnagar, uide order dated

25.06.2009, directing respondent No.4 to implement the name of the appellant therein in revenue records in Form No.1 and other village records duly carrying necessary amendments in Form No.1 ROR and issue pattadar passbooks and title deeds in the name of the 2 CVBR, J W.P.No.6782 of 2025 appellant thcleir-r in respect of the land in Survey Nos.412, 4i3, 415, 427 and 438 ar-rd report compliance. It is further stated that aggrieved b1' tht' ordcr dated 25.06.2009 in Case No.B/ROR/ 136a/ 20OU, Sri Sycrl Abdul Hakeem, u'ho is respondent No.1 therein, has prefcrrctl ir rcvrsion uid,e case No.D 1/967'20O9 and File No.Dl/5168/1009 and the vendor of the petitioner and two others havc preferred a revision case No.Dll92l2OO9 and File No.Dl/51er4/.20O9 uncler Section 9 of the ROR Act, 197 1 and the Joint Colleclor'. Mahzrbubnagar allowed the said lwo revision cases uide orders, rlatcd I 1.O5.2O12 by setting aside the orcler, dated

25.06.2009 lrirssecl in Czrse No.B/ROR/1364/2OO8 and advised the reslrondents in c'ase No.D|/9212OO9 and File Ito. D 1 / 51 64 /2OO9 to approach thc civil ColLrt seeking redressal in the matter and the rcsporrdcnts ir i c'ase No.Dl l96l 2OO9 and File No. D 1 / 5168 l2OO9 to put lorth Lhr:ir r:laims in the main suit in O.S.No.3:] of 2008 pending beforc thc lcarLrcrl VII Additional District Judge at Mahabubnagar for adjrrciication. As pcr the orders, dated 11.O5.2O12 of the Joint Collcctor. respondent No.4 has issued proceedings No.B/2676/2OI2 datcd 13.O9.2(,) 12 by ordering to restore the names of the original parties irr n:spcct of Survey Nos.412, 413, 4I5, 427, 438 available prior [o passrng of the order daLed 25.06.2009 and the petitioner, being the purcl.raser o[ ptrrt of the lands in the said survey numbers, his rrame was t'ntercd in the revenue records in respect of the subjcct , ',,,,, 3 CVBR, J W.P.No.6782 of 2O25 land as pattadar and he was issued pattadar passbook No.TO5O6O2OO325 Khata No.550 dated 2O.O4.2018. It is further submitted that prior to filing of the two revisions and appeal, the revision petitioner in Case No.Dl 196 / 2OO9 arid two others have already Iiled a suit ulde O.S.No.33 of 2OO8 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 Additional District Judge, Mahabubnagar. Aggrieved by the preliminary decree, dated 19.02.2013 in O.S.No.33 of 2OO8, delendant No.7 in O.S.No.33 of 2OO8 has preferred a first appeal in A.S.No.256 of 2013 and others have hled Cross Objections (SR) . No.7O03 of 2O 13 , before this Court and this Court allowed the said appeal suit uide judgment and decree, dated 25.04.2023 by setting aside the judgment and decree, dated 79.02.2O23 passed in O.S.No.33 of 2008 and dismissed the Cross Objections (SR).No.7003 of 2O13. Aggrieved by the said order, respondent No.1 and others in A.S.No.256 of 2013 have preferred S.L.P(C).No.25 t94-25L95 ot 2023 before the Hon'ble Supreme Court and the same is pending and no stay was granted in the said S.L.P. The grievance of the petitioner is that even after the litigation attaining fina1ity, the subject iands have been included in the list of prohibited properties-2 maintained under the provisions of Registration Act, 1908 since 03.07.2019 and even though the petitioner has made oniine application in Dharani portal I 4 CVBR, J W.P.No.6782 of 2025 L,ide Transaclron II) No.23OOO24249 dated O5.08.20123 for deletion of the subjr:ct lrrnrl lrom the list of prohibited propcrties-2 and de_ notifying thc szrnre and consequential issuancr: of the pattadar passbook, tht, resltonclt:nts arc not considering the same. Hence, the prescrlt u,rit pr,tition is filed.

2. Considclcd the submissions made by the learned counsel for the rcspcctivc parties and with their consent, this writ petition is being rlisposerl of :rt the admission stage.

3. Learncrl cotrnsel for the petitioner contendecl that since the litigation has rrttzrined iin:rlity, the respondents bave to delete the subject land ol thc pe1 itroncr from the list of prohibited properties-2.

4. Thr: sul; sec.tion (4) of Scction 22 A of the Registration Act, 1 9O8 cor-r fr:r's I rle 1)ower on the State Government either suo ttTotu or on an ap1;lication b1 anl.pcrson or for giving effect to the hnal orders of thc High Corrrt o[ Tr:lang:lta or Supreme Court oI lndia to proceed to de-notily, r'rrhcr in [u]l or in part, the notihcation issued under Sub-Scction (21 and thc Rules made under the provisions of the Registratior.r Act. 19O8. In the instant case, since it is the specific case o[ the pctitioner that he has made an application in Dharani Portal uide Transaction ID No.30 1O859O0OO 1859 dated 05.Og.2023 for dcletion of the subject land from the list of prohibited properties- CVBR, J W.P.No.6782 of 2O25 2, this Court deems it appropriate to dispose of the writ petition directing the respondents to examine the said application strictly in I 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 ordcrs in accordance with law. In any event, if the petitioner iails to satisfy any of the requirements, respondents are directed to pass a reasoned order and communicate the same to the petitioner within a period of eight (O8) weeks from the date of receipt of a copy of this order.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

6. Miscellaneous applications if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. T. TIRUMALA DEVI IS ANT REGISTRAR A SECTION OFFICER To, 1 2 a 4 E A 7 The Prinicipal Secretary, Revenue Department, TS Secretariat' at Hvderabad, T S if,;-D'"fi;i iollector, Ranga Reddy District, offi- at Kongarakalan' lbrahimoatnam, RR Dist., TS ii;' ii;;;;;; DivisioniL oricer, shadnasar Revenue Division' Faroqnasar tvlandal, Ranga ReddY Dist., TG iil'i;i;il;i, iriJgiagrr Mandal, Rangg $e!{v Dist', rG o"i, ct i"- s ni. s EiH r"ve N KATESWARLU, Advocate toP g 91 i;; cc;I"-ci Fon nrvrrlue ,High court for the state of relangana at Hyderabad [OUT] Two CD CoPies BM GJP \ HIGH COURT DATED:0610312025 ORDER WP.No.6782 of 2025 2) o ? g l1Ail 2075 ?( -r}t c) .l .f DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ i I I I i l I i I I I I I I i i I I I , , I I I I I I I I I i ; I I