URTH DAY OF MARCH TWO THOUSAND AND TWENry FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between
Case Details
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 order, direction, writ, more particularly Writ of Mandamus declaring the endorsement in Lr.No.Rev/E5/P0B/001512024 dated 1610112025 issued by the 2nd Respondent in rejecting the. application of the Petitioners to delete the property bearing H.No.16-2-14714/4, situated at Davanand Nagar, Akberbagh, New Malakpet, Hyderabad from list of prohibited properties under section 22A of the Registration Act as illegal. improper, unjust. arbitrary and contrary to law and consequently set aside the endorsement in Lr.No.Rev/E5/POB1001512024 dated 161O112025 issued by the 2nd Respondent and further direct the Respondent No.2 to delete the house property bearing H.No.16-2-14714/4, situated at Dayanand Nagar, Akberbagh, New Malakpet, Hyderabad from the list of prohibitory properties under Section 224 of lhe Registration Act, 1908 T lA NO: 1 OF 2025 Petition under liection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the operat ()n of the endorsement in Lr.No.Rev/E5lPOBl0O15l2O24 dated 16t0112o25 issred by the 2nd Respondent forthwith, pending disposal of the above Writ Petition Counsel for the Petitioner: SMT' K' KIRAN MAYEE Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE C.V. BHASKAR REDDY WRIT PETITION No.882O of 2o2s ORDER: This Writ Petition is hled praying this Court to declare the impugned endorsement in Lr.No.Rev/E5lPOB/OOIS/20,24, dated 16.01.2025 issued by respondent No.2 rejecting the petitioners' application to delete the properry bearing ff .fVo. lO 'New 2-147 /414, situated at Dayanand Nagar, Akberbagh, Malakpet, Hyderabad from the list of prohibited propeities maintained under Section 22-A of the Registration Act, 19O8, as illegal, arbitrary and contrary to law and consequently, prayed for other appropriate reliefs.
2. It is stated that the father and elder brother of the petitioners have purchased the vacant land in plot No.21S, to an extent of 49O square yards, situated ai ekberbagh, Malakpet, Hyderabad, through registered sale deed, dated 03.04.1964. lt is further stated that after purchase, the father of the petitioners had obtained building permission for construction of a house and the concerned authorities have accorded permission on O9.O8.1965. It is further stated that the father of the petitioners died on
1.4.O9.2O2O and the petitioners have succeeded to the said property and as the building 1S ln 2 CVBR. J wp_8820 202s dilapidated conditron, after demolishing the same, the petitioners have made building permission application No.005460/29481CHR212O21-BP, dated 20.).2.2021 for construction ol stilt + 4 upper floors and the G.H.M.C. has granted permiss;ron u ide per mit No. O787 / GHM C / CHR I 2022 -BP, dated, 37 .03.2022. It rs further stated that the respondent authorities, claiming that as per the revenue records, the subject land is Khariz }(hata, have entered the said property in the list of prohibited properties. Therelore, the petitioners have made a representation, dated 2I .O5.2O21 seeking for deletion of the same from the list of prohibited properties. The grievance of the petitioners is that instead of deleting the subject property from the list of prohibited properties, respondent No.2 issued the impugned endorsement, dated 16.O1.2025, reiecting the petitioners' application stating [hat the subject laod property falls in T.S,No.I0 and 18, which is Government 1and. Hence, this writ p()titiol).
3. Considere d the submissions made bJ' the learned counsel for the parties a nd with their consent, this writ petil.ion is being disposed ol at the admission stage. ., CVBR, J wp 8820_2025 .,i 4 . A careful examination of the impugned endorsement would reveal that the petitioners' application seeking for deletion of the subject property from the list of prohibited properties was rejected stating that the subject land falls in T.S.No. 10 and 18. As per FCOLR for T.S.No. 10, Col.No.10 is recorded as Kharij Khata (Akberunnisa Begum)" and Col.No.2O is recorded as 'Nil' and Col.No.23 is recorded as "Government Land" correlating Sy.No.135/P to an extent of i9152 square meters and for TS No.18, Block-G, Ward No.176, Col.No.10 is recorded as Kharij Khata and Col.No-2O is recorded as 'Nil'and Co1.No.23 is recorded as 'Government vacant land survey number (2) Case No.2 to 28" correlating Sy.No.137/P to an extent of 792OO square meters and the subject land is classified as Government land. These issues are required to be examined by the District Collector duly taking into consideration of the documents enclosed in support of the representation submitted by the petitioners. Since the impugned endorsement does not contain any reason s and the documents submitted by the petitioners are also not examined, the said endorsement is liable to be set aside on the ground that the same is not inconsonance with the principles of natural justice. Therefore, the impugned endorsement is set aside and the petitioners are permitted to I I ,'r. 4 CVBR, J Wp 8820 2025 submit a fresh application duly enclosing all the necessary document.s in support of their claim and in the r:r,en[ of such application bcing made by the petitioners, respondent No.2 is dirccted to cx:rmine the same and after providing ar-r opportunity of personal hcaring, pass a reasoned order within a period of three (O3) months from the date of receipt of such application. Till such timc', the respondent authorities are directed not to take any coorcive action ovcr the subject pr(,perty, in any manncr
5. With thc above observations, this Writ Petitior-r is disposed of. There shall be no order as to costs.
6. As a serquel, the miscellaneous petitions pending, if any, shall starrd 1.1, ,sr.d. \ To, //TRUE COPYT' sd/- P. PADMANABHA IEDDY DEPUTY REGISTRAR \ SECTION OFFICER 1 The Principal Secretary, Revenue Department (Stamps and Registration). State of Telangana, Secretariat Buildings, Hyderabad. The District Collector, Hyderabad Distribt. The Sub-Registrar, Azampura, Hyderabad. One CC to Smt K. KIRAN MAYEE Advocate [OPUC] Two Ces to GP For Revenue ,High Court for the State of Telangana. [OUT] Two CD Copies 2 3 4 5 6 MBC 4 HIGH COURT CVBR J DATED: 2410312025 ,t----. /to /l:-' )- rtE 9TA ( 0 4 APR 2025 t o ESpara!\ ORDER WP.No.8820 ot 2025 o** DISPOS!NG OF WRIT PETITION WITHOUT COSTS