High Court · 2025

i,i[:!i#[iitll;l#xs,nr,xrra:ftrs:n"'s'"83'l'.'*=,,oNDENrs 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 or order or direction more particularly one in the nature of writ of Mandamus' to declare the action of the respondents ln issuing the proceedings through its Lr' No B/3501/2006 dated 19-11-2016 of the 3rd respondent as illegal' arbitrary' unconstitutional and in violation of the Article 19 and 21 of the Constitution of lndia and also contrary to the proceedings of the 2nd Respondent vide its Lr' No E5l4345/2016 dated 29-10-2016' consequently direct the 4th resporident not to act upon the instructions of the 3rd respondent vide its letter dated 19-11-2016' I.A. NO:1 OF 20'17 (WPM P. NO:267350F 20 171 Petition under Section 151 CPC praying that in the circumstances the affidavrt fired in support of the petition, the Hrgh court may be pr stated in eased to suspend the proceedings of the 3rd respondent vide its Lr dated 'rg-11-2016 pending disposar of the writ petition. No B/3501/2006 3ffi ::iHlff fi:lx3ffi :"il,sf,1,J."m1^i?3,oloTf W.P.NO: 29073 0F 2017 o*REVENUE Between: !r1 Sgi Nagar ptot Own ,"r'glalt[*1x#ft f#:.#e;111;,fi y;3ij[illt?,.Y"t'R,"',"it3]?fl AND ...PETITIONER

1. The State of Telan ^ PSpqril.nj: i;#:?:X*'resented bv its Principre secretary, Revenue , ili E ]: il,3 ?Ilr,:JtJ; I fl H,? J:fl :t.,J il}.il:?gk a p oo, H rd e ra b a d q I he Tahsitdar, Maheswri,-"i,i;lY^i"[1 ]Y9lo9l, Ranga. Reddy District f srn"s,ijrc!!i;iil1liry,,T8,T,liiiflfl ;X3i%imlrl"r..l,S;;;;,",",,", petition under Articte 226 of theconstitution of tndia J:ri:l::T: circumstances stated in the affrdavit fired therewith, the High court may be pleased to issue a writ order or direction particurarry in the nature of writ of Mandamus directing the Sth respondent to entertain the registration of the rands of the petitloner assoctatic land in survev Numbers 373, 324, 37s and 376 aram mandal, Ranga Reddy District by decraring the instructions of the 4th respondent in his retter No. 8/3501/ 2016 dated ls-rl-zole to the extent of petitioner association rands are concerned as illegal and arbitrary. ", ,n,n.,,."'r,1"rl :;: TH:.T l.A. NO: 10F 2017(WP MP. NO: 361 86 0F 20171 Petition under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 5th respondent to entertain registrations of the petitioner association lands i.e Ac. 15_24 guntas in Survey Numbers 373, 3374, 3lS and 376 of Thummalur Village, Maheswaram Mandal by suspending 4th respondent instructions issued in letter No Bt35O1l2016 dated 19-1.1-2016 pertaining to the lands of the petitioners association pending Writ Petition' Counsel for the Petitioner: SRI G'RAMACHANDRA REDDY counsel for the Respono"tttt''cp ion sraups & REGISTRATIoN The Court made the following: COMMON ORDER w.p.Nos.217re *,a zsoza ot i[iN THE HON'BLE SRI JUSTICE K.SARATH UIRIT PETITI ON Nos .21719and29073 of 2Ol7 COMMON ORDER: Since both these writ petitions are hled questioning the proceedings Lr.No.B/350 1/2006 dated 19.I1.2016 issued by the Tahsildar, Maheshwaram Mandal, they are disposal by this common order. being taken up for

2. Heard Sri Gogineni Krupacharrd and Sri G Ramachandra Reddy, learned counsel for the petitioners in W.p.Nos.21719 and 29073 of 2OI7 respectively and Smt S. Sravanthi, learned Assistant Government pleader for Revenue and the learned Assistant Government pleader for Stamps and Registration for the respondents f Z SK,J W.P.Nos.2l719 ar.d,29073 of 2Ol7 3. Learned Counsel for the petitioners in both the writ petitions submits that the petitioners have purchased different extents of lands in Sy'Nos'373, 374, 375 and. 376 situated at Thummalur Village' Maheshwaram Mandat, Ranga Reddy District from the various vendors, developed into house plots, laid roads, erected electricity lines ald underground drainage by spending huge amounts besides paying necessary fee for conversation of the land and for approval of the layout. The petitioners have sold the house plots to different individuals for consideration and delivered possession to them. The revenue authorities after conducting detailed enquiry have granted permission by converting the land into residentia-i and also approved the layout. He submits that the dispute is with regard to the land admeasuring to an extent of Ac'24-03 gts in Sy.Nos.371, 372 ald 377 situated at Thummalur Village and the District Collector has directed the //// -/ \ T w.p.Nos.21719 a,ra zsozs or ffi7 ahasitdar in his letter dated 29.10.2016 to safeguard those lands, but the Tahasildar has exceeded those instructions and without any proper enquiry, survey and notice to the existing owners, has issued the impugned proceedings in Lr.No.B/350 1/2006 dated 19.11.2016 including the lands situated in Sy.Nos.373, 374. 375 and 376 of the petitioners along with the lands situated in Sy.Nos.371, 372 and 377 situated at Thummalur Village and instructed the registering authorities not to take any transactions in the said survey numbers a-long with the other survey numbers even though the subject lands in Sy.Nos. 373, 374, 375 and 376 are not included in the proceedings of the District Collector d.ated 29.1O.2O16.

4. Learned Counsel for the petitioners further submits that the lands of the petitioners are private la'ds and the plot owners have purchased their respective properties by spending huge amounts and in s\ ' a*,, W.P Nos-21719 and 29073 of 2Ol7 view of the impugned proceed'ings' neither the petitioners nor arry plot owners are in a position to sell their properties. He further submits that r'r'ithout con<lucting any survey and rn'ithout any notice' the Tahasildarhasissuedtheimpugnedproceedingswhich is illegal and arbitrary and requested to set aside the impugned Proceedings'

5. Learned Assistant Government Pleader for Revenue basing on the counter submits that the dispute arose with regard to the land admeasuring to an extent of Ac.24.O3 gts in Sy'Nos'371' 372 and 377 situated at Thumma-lur Village and the District Collector has directed the Tahsildar in his letter dated 29.10.2016 to safeguard the land admeasuring to an extent of Ac.24'O3 gts falling in gap area existing between Maheshwaram and Thummalur viliages of Maheshwaram Mandal in the interest of the Government and also address the Sub-Registrar' &&- 7 5 w P Nos 21z19 *'d2gorc.f ;:il Maheshwaram not to entertain any transactions over the said land arrd in view of the same, the Tahasiidar has issued the impugned letter directing the Sub_ Registrar not to entertain any transactions over the larrd admeasuring to an extent of Ac.24.O3 gts in Sy.Nos.371, 322 and 372 and a_lso the lalds in Sy.Nos.373, 374, 375, 376, 3TB and, 379 existing in between Maheshwaram and Thummalur viilages. She further submits that the owners of the house plots were registering their lands by mentioning these survey numbers arrd showing the land in gap area including the plot owners of Sy.Nos.3Zl, 372 and, 327 and therefore, the Tahsildar has included Sy.Nos.37 l, 372 and 377 along with Sy.Nos.373, 374, 375, 376, 378 and. 379 in the rmpugned proceedings and therefore, the plot owners who walt to sell their piots have to obtain ciearalce from the Tahsildar,s Office whettrer the plot held by the said owner falls within the said survey r 6 SK,J W.P.Nos 21719 atd 29073 of 2Ol7 numbers purchased by him/her or falling under gap area. He further submits that the petitioners have to frle the approved layout issued by the Gram Panchayat for vcrihcation with reference to the village map and gap area to know whether any plots of the petitioners fali within gap areaand to clear the registrations and as such the petitioners are not entitlecl for the relief sought for and requested to dismiss the writ petitions' 6 Learned Assistant Government Pleader for Stamps and Registration basrng on the counter submits that the Tahsildar, Maheshwaram has rePorted that the Assistant Director , SurveY and Land Records and the Mandal SurveYor have surveYe d the land in SY'Nos'371' 372 and377 involved in Document No'1410 l2Ol2 of SRO Maheshwaram and found that the land admeasuringtoarlextentofAc.24.03gtswhichisthe subject matter of document falls in the gap area of two villages, which is not alienable and the same w-1: 7/ 7 reported by the rahs,dar ",r.;#::;;til:#; authorities to protect the interest of the Government. She further submits that the respondent No.4 has communicated the orders of the District Collector vide impugned proceedings to the Sub_Registrar, who in turn has entered the subject properties in the prohibited properties list and the Sub_Registrar has followed the instructions of the District Collector and there is no illegality orders of the District Coilector He further submits that as the subject larrd is Government land fteated to be prohibited under Section 22-A(1)(b) of the Registration 1908, no notification is required to be published and the communication of lists is sufficient to note it as prchibited property and requested to dismiss the writ following the Act, 1n petitions.

7. After hearing both sides and perusal of the record, this Court is of the considered view that the petitioners 8 SK,J W.P.Nos.21719 a]jld 29073 of 2Ol7 are questioning the letter addressed by the Tahsildar' the Sub-Registrar' Maheshwaram Mandal to Lr'No'B/350 I 12016 Maheshwaram dated Lg.ll.2}l6 requesting not to entertain arry transactionsoverthesubjectlandsituatedin Sy.Nos.373, 374, 375' 376' 37a and 379 situated at Thumma-lur Village with immediate effect in the interest of the Government' The said letter addressed by the Tahsitdar, Maheshwaram Mandal is based on the letter add.ressed by the Collector and District Magistrate' Ranga Reddy District to the Tahsildar' Maheshwaram Mandal in Lr'No'ES 1434512016 dated 29'10'2016 as the Assistant Director, Survey and Land Recirds, Ranga Reddy District has submitted' a report stating that he along with the Mandal Surveyor has inspected the land in Sy.Nos.37t, 372 arld 377 situated at Thummalur Village of Maheshwaram Mand'a-l and verihed the village boundaries of both Maheshwaram and Thummalur 9 w P Nos'2 t7.te *'a zsozs "r i{il Villages with referen ce to the village maps and the land admeasuring to an extent of Ac.24_O3 gts which is the subject matter of registered sale deed No.74lO/2012 registered at SRO Maheshwaram is falling in the gap area existing between two villages i.e., Thumma_lur and Maheshwaram and the iand falling in the gap area is Government iand. situated

8. The above said letter clearly shows that the District Collector, Ranga Reddy District has requested the Tahsildar to take appropriate action with regard to the lald admeasuring to al extent of Ac.24.03 gts in Sy.Nos.371, 322 and 377. But the Maheshwaram Mandal has addressed the letter to the Sub_Registrar, Maheshwaram mentioning the said lald in the above survey numbers by including the other lands in Sy.Nos.373, 324, 375, 3V6, 378 and 379 without any power and jurisdiction Tahsildar, rmpugned r 10 sK'J W.P-Nos'21719 arrd 29073 of 2Ol7 have not filed anY document g. The resPondents along with their counter to show that the competent authority has issued any Notification under Section 22- A of the Registration Act' 1908 for including the lands of the petitioners in Sy'Nos'373' 374' 375 and 376 in prohibiting for registration' Without there being any ord.ers from the competent authority, the Tahsildar basing on the letter addressed by the District Collector pertaining to the land admeasuring to an extent of Ac.24-O4 gts in Sy'Nos'371' 372 and 377 for protecting the Government land, has included the lald of the petitioners in Sy'Nos'37 3' 374' 375 and 376 situated at Thummalur Village and the said action is arbitrary and illega1 and the said portion of the letter is liable to be set aside.

10. In view of the above hnd'ings' the Writ Petitions are allo;usd bY setting aside the proceedings Lr.No.B/350 t I 2006 dated 19' 17'2016 issued bY the II W.P.Nos.21719 SK,J al]d 29073 of 2OtZ Tahasildar, Maheswaram Manda-l in so far as the direction not to entertain any transactions in respect of the lands in Sy.Nos.373, 324,37S and 376 situated at Thumma_lur Viliage, Maheswaram Maldal, Ranga Reddy District belongs to the petitioners. No order as to costs. 1 1. Miscelianeous applications, if arry pending these writ petitions, shall stand closed. 1n SD/-A. SRINIVASA REDDY IS ANT REGISTRAR A //TRUE COPY// To \ SECTION OFFICER The Principal Secretarv. Revenue Department, Secretariat, Hyderabad, State of Telanoana. The District Collector. Ranga Reddy District. lhe tahsildar. Maheshwarbm Manlal. Ranga Reddy District. The S-,rf-Registrar, Maheshwaram. Ranqa Heajv Ottii"t 9n" 99 ro sRt KRUeACHAND GbG'tNENi.'il;6#il topucl one cc to SRt G RAMACI1II9RA REDrtV, AJ;#i".toputl rwo CCs to Gp FoR REVENUE, Hish c;; i;;iriJtirt" of retansana, at Hyderabad fOUTI Tyu_o pcs to GP FOR STAMPS & REG|STRAT|ON, Hiqh Courr for the State of Telargana, at Hyderabad. [OUT| Two CD Copies - '" " - '''":' ) J 4 5 6 7 8 o PSK. BS $ HIGH COURT DATED:1TtOTt2O2S COMMON ORDER WP.Nos.21719 AND 2glt3 of 2011 J .J () ALLOWING THE WRIT PETITIONS WITHOUT COSTS cyq'-9 Sr"-- 1l+&n ..1. . i. jr. 1 .',- :- i/\ 12 AUE ZW ? (( t' )a o -1 ' , r:I)