M/s. SS Leathers Pvt. Ltd v. The State of Telangana, Department of Revenue

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 more particularly in the nature of Writ of Mandamus declaring'the inaction of the Respondents in not deleting the lands of the Petitioner adm. Ac 0.0900 gts situated in Sy. No. 329UUl1l1 Ac. 0-35 gts in Sy. No.332lEl1 Ac. 1-26 gts in Sy. No.333/1 Ac. 1-26 gts in Sy. No.334/1 Ac.0- 315 gts in Sy. No. 335/1 and Ac. 0-135 in 335/A which amounts to a total extent of Ac. 5-21 gts at Gudur Village, Bibinagar Mandal, Yadadri-Bhuvanagiri District which are covered under the Pattadar passbook No. T30060070966, from the Prohibitory list, as arbitrary, illegal and violative of the Articles '14, 21 and 300-A of the Constitution of lndia, by consequently directing the Respondents to delete the subject lands of the Petitioner from the Prohibitory list. 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 Respondents to consider and dispose- -of the Grievance lD No. 2500002296 filed under TM-1 5, during the pendency of the Writ Petition. Counsel for the Petitioner : SRI V.V.N.K.SARATH SARAN Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.958O of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet "...-to issue a Wit order or direction more particularlg in the nature of Wit of Mandamus declaing the inaction of the Respondents in not deleting the lands of the Petitioner adm. Ac.O.O900 gts situated in Sy.No.329UU/1/1; Ac.0.35 gts in Sg.No.332/E/ 1; Ac.1.26 gts in Sg.No.333/ 1; Ac.1.26 gts in Sy.No.334/ 1; Ac.O.315 gts in Sy.No.335/ 1 and Ac.0.135 in SA.No.335/A uhich amounts to a total extent'of Ac.5.21 gts at Gudur Village Bibinagar Mandal Yadadri Bhuuanagii Distict uthich are couered under the Pattadar passbook No.T3OO60O7O966 from the Prohibitory list as arbitrary illegal and uiolatiue of the Articles 14, 21 and 300A of the Constitution of India bg consequentlg directing the Respondents to delete the subject lands of the Petitioner from ttrc Prohibitory li.st...."

2. Considered the submissions of learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4, and with their consent, this writ petition is disposed of at the admission stage.

3. It is the case of the petitioner-Company that it is the absolute owner and possessor of land admeasuring Ac.1.0O guntas i.e., Ac.O.2O guntas in Sy.No.336/ 1 and Ac.O.20 guntas in Sy.No.337l 1 purchased under the registered Sale Deed No.2715 of 1990, dated

13.09.1990, Ac. 1.O0 guntas in Sy.No.334/ 1 purchased under the 2 registered Sale Deed No.2717 of 1990, dated i3.09.1990, Ac.1.01. guntas i.e., Ac.0.2O guntas in Sy.No.334 /1, Ac.O.2O% guntas in Sy.No.335/ 1 and Ac.0.0% in Sy.No.337 /l purchased under the registered Sale Deed No.2799 of 1990, dateil 21.09.t99O, Ac.l.O2 guntas i.e., Ac.0.06 guntas in Sy.No.334 ll, Ac.O.3l% guntas in Sy.No.335/ 1 and Ac.O. O4Yz gu.ntas in Sy.No.336/ 1 purchased under registered Sale Deed No.28O0 of 1990, dated 21.09.1990, Ac.1.0O guntas i.e., Ac.0.2O guntas in Sy.No.332 and Ac.0.2O guntas in Sy.No.333 purchased under the registered Sale Deed No.4159 of 1992, dated 03.12.1992, Ac.1.O1 guntas in Sy.No.333 purchased under the registered Sale Deed No.4162 of 1992, dated

04.12.1992, Ac.O.10 guntas i.e., Ac.O.05 guntas in Sy.No.332lPart and Ac.0.O5 guntas in Sy.No.333/Part purchased under the registered Sale Deed No.4173 of 1992, dated 05.11.1992, Ac.0.3O guntas i.e., Ac.0.1O guntas in Sy.No.332, Ac.O.O1t/z guntas in Sy.No.336, Ac.O.OSYz guntas in Sy.No.337, Ac.0.09 guntas in Sy.No.329 purchased under the registered Sale Deed No.4174 of 1992, dated 05.12.1992, situated at Gudur Village, Bibinagar Mandal, Yadadri-Bhuvanagiri District

4. The grievance of the petitioner is that the land admeasuring Ac.O.0900 guntas in Sy.No.329UUl 1/ 1, Ac.0.35 guntas in Sy.No.332/E/ l, Ac.l.26 guntas in Sy.No.333/ l, Ac.l.26 guntas in Sy.No.334/1, Ac.O.315 grrntas in Sy.No.335/1 and Ac.O.135 guntas 3 in Sy.No.335 lA, i.e., a totai extent of Ac.5.21 guntas, situated at Bhongir District, ln respect of which the petitioner's name rs recorded in Dharani Portal under the provisions of The Telangana Rights in Land and Pattadar Passbooks Act, 2O2O uide Pattadar Passbook No.T30060O7O966 and Title Deeds were also issued, is listed as Prohibited property as per the provisions of The Registration Act, 1908, which constrained the petitioner to submit grievance under TM-15 for removal of subject land in the Prohibited 1ist, but no action has been taken by the respondents.

5. Learned counsel for the petitioner further submitted that the petitioner purchased the properties under the various registered Sale Deeds and acting up on such Sale Deeds, the nature of the property has been recorded as Patta lands in the Revenue Records and thereafter Pattadar Passbooks have been issued in favour of the petitioner. It is further contended that, as per Section 6 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, a presumption has been drawn that the entries made in the record of rights are to be true untii and unless those entries have been cancelled by cogent evidence.

6. Learned Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 4 submitted that if the petitioner is having any grievance with regard to notifying the Patta I I 4 lands/Private lands in the list of prohibited properties, he is entitled to make an application in the prescribed format of Dharnai Portal (TM15 Module) for the deietion/de-notifying of the properties from the tist of prohibited properties.

7. The Sub-section (4) of Section 22 A of the Registration Act, 19O8 (for short "the Act") confers the power on the State Government either suo motu or on an application by any 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 the Rules made under the provisions of the Act.

8. Since it is stated that the petitioner has submitted his Grievance uide Grievance ID.No.250OOO2296 for deietion of the properties from the list of prohibited properties in the Module prescribed in the Dharani Portal duly enclosing the documents, ends of justice would be met if the respondents are directed to examine application submitted by the petitioner duly taking into consideration of the Pattadar Passbooks uide Passbook No.T30O6007O966 and also entries made in Dharani Portal for deletion of the subject properties from the Prohibited list. in any event if the petitioner is not entitled for deletion of the said properties from the Prohibited iist, the respondents are directed to , 5 pass a reasoned order and communicate the same to the petitioner within a period of eight (0E) weeks from the date of receipt of copy of this order.

9. With the above observations, this writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// Sd/- A. V. S. PRASAD DEPUTY BEGISTRAR L SECTI6iI OFFICER To, \

1. The principal Secretary, State of Telangana, Department of Revenue, Secretariat Buildings, Hyderabad

2. The District Collector, Yadadri- Bhuvanagiri District 3. The Revenue Divisional Officer, Bhongir, Yadadri Bhuvanagiri District 4. The Tahsildar, Bibinagar Mandal, Yadadri- Bhuvanagiri District Telangana 5. One CC to SRI V.V.N.K.SARATH SARAN, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

7. Two CD Copies. BSK HIGH COURT CVBR,J DATED:2810312025 ORDER WP.No.9580 of 2025 /. ,a. ,/ ..:"' tc. 't!:l- .?(() a' .9 I I ll . r$ \ . ;;/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3/ I,I