✦ High Court of India · 17 Apr 2025

1. T.Nageswara Rao v. State of Telangana

Case Details High Court of India · 17 Apr 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not deleting the land of the petitioners bearing Sy.Nos.283 and 284 of Kongarakurdu (A) Village, IVlaheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioners dated- 20.01 .2025, pursuant to orders passed allowing WP No.4587712O22 dated- 23.12.2024, wherein this Hon'ble Court set aside the Gazette No.6 dated- 09.02.1 989, as well as addendum dated-O8.02.2007, as illegal, arbitrary, unjust, I I unconstitutional, violation of principles of natural justice, and consequently direct the respondent No.2 and 3 herein to delete the sub.iect land from prohibitory register/IGRS website, immediately. 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 Cou( may be pleased pleased to direct the respondents 2 and 3 herein to consider the online applications of the petitioners dated-20.01 .2025 made for deletion of land hearing Sy.Nos.2B3 & 284 of Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, immediately, pending disposal of the writ petrtion. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER .-\ ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11681 of 2025 This writ petition is filed seeking following relief: lFor the reasons stated in the accompanying affidavit,. the petitioners herein pray that the Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not deleting the land of the petitioners bearing Sy.Nos.283 & 284 of Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioners dated:20.01.2025, pursuant to orders passed allowing WP No.4587712O22 dated:23.I2.2O24, wherein this Honble Court set aside the Gazette No.6 dated:O9.02. 1989, as well as addendum dated 08.02.2007, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice, and consequently direct the respondent No.2 & 3 herein to delete the subject land from prohibitory register/IGRS website, immediately, and to pass such other orders as this Hontrle Court may deems fit and proper in the circumstances of the case."

2. It is stated that the petitioners are the owners and possessors of the land admeasuring Acs. 8.15 guntas in Survey No.283 and Acs. 19.36 guntas in Survey No.284, situated at Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District (for short, 'the subject property'). It is further stated that originally petitioner Nos. 1 and 2 and father 9f the 3'd petitioner are in possession and enjoyment of the subject property since long time and on considering their long standing possession, they were issued Occupancy Rights Certificate (ORC) proceedings uide Flle No.J / 4229 / 1988 dated

26.04.7996 by the then Revenue Divisional Officer, Hyderabad East Division, Ranga Reddy District. It is further submitted that their names were also mutated in the revenue records uide mutation proceedings No.D/4O15/ 1997 I t 2 CVBR, J W.P.No.11681 of 2025 dated 08.09.1998 & No.Bla7a8l1993 dated 10.09.1998 issued by the Mandal Revenue Officer, Maheswaram Mandal, Ranga Reddy District as pattadars and possessors uide Adangal/Pahani, 1-B etc., under t-he provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the RoR Act, l97l\ and.pursuan; to that, they were also issued manuai pattadar passbook and title deeds. It is further stated that petitioners also obtained land conversion proceedings from agriculture to non-agriculture purpose by paying necessary conversion charges uide proceedings No.L,l24a6I2009 dated 07.O2.2012 and N.L/2528 I2OO9 dated

09.09.2009 issued by the Special Grade Deputy Coilector and Revenue Divisional OfIicer. Ranga Reddy East Division. It is further stated that the petitioners came to know that the subject property is included under prohibited properties on the ground of issuance of A.P. Gazette No.6 dated

09.02. i989 under Section 5(2) of the Wakf Act, 1954 and subsequently the Government issued addendum dated O8.O2.2OO7 notifying the subject property as Wakf land at Serial Nos.1O8 and 1O9. 1t is further stated that questioning the sreid notification, the petitioner was constrained to file a writ petition before this Court uide W.P.No.45877 of 2022 and this Court by order dated 23.12.2024 allowed the said writ petition by setting aside the notification and the said order attained finality since no appeal was preferred against the same. The grievance of the petitioners is that the petitioners made online applications dated 2O.OL.2025 uide Transaction ID Nos.31T428500007135 and 31T428500007139 to respondent Nos.2 and 3 j, 1 i I 3 CVBR, J W.P. No.1 1681 of 2025 by enclosing the order dated 23. 12.2024 passed by this Court in W.P.No.45877 of 2022 seeking deletion of the subject property from the list of prohibited properties and de-notifying the same and consequential issuance of the pattadar pass book, but the same was not considered by the respondents. Hence, the present writ petition.

3. Considered the submissions made by the iearned counsel for the parties and with their consent, this writ petition is clisposed of at the admission stage

4. The Sub-section (4) of Section 22-A of the Registration Act, 1908 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 rules made under the provisions of the Registration Act, 1908. I ,

5. In the instant case, since it is stated by the learned counsel for the petitioners that no appeal has been Iiled aggrieved by the order dated I I

23.12.2024 passed by this Court.in W.P.No.45877 of 2022, the said order has attained finality and since ttre nature of the subject lands has been \. declared as patta lands and notification of the Wakf Board has been set aside uide order dated 23.12.2024 passed by this Court in W.P.No.45877 of 2022 and since it is the specific case of the petitioners that they have made online applications dated 20.O1.2025 uide Transaction ID Nos. 4 CVBR, J W.P.No.1 1681 of 2O25 31T42850OOO7135 and 31T428500007139 for deletion of the subject property from the list of prohibited properties, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.2 and 3 to examine the said applications strictly in accordance with the provisions of the Registration Act, 1908 and taking into consideration of the pattadar pass book issued earlier under the provisions of ROR Act, 1977 and pass appropriate orders ir-r accordance with law within a period of two (O2) months from the date of receipt of a copy of this order and communicate the decision thereon lo the pelitioncrs

6. With t he above observations, this Writ Petition is disposed of There sha11 be no order as to costs As a sequel^ the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/- A. SRINIVASA REDDY AS STANT REGISTRAR SECTION OFFICER T '1 . The Principal Secretary Revenue Department, Secretariat, State of Telangana, Hyderabad

2. The District Collector, Ranga Reddy District. 3. The Commissioner, and lnspector General of Registration and Stamps, Telangana. Hyderabad.

4. The Tahsildar, Maheswaram lt/andal, Ranga Reddy District. 5. One CC to SRI N4OHD MOIN AHMED QUADRI, Advocate. IOPUCI 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana /

7. Two CD Copies. BSK GJP tu_ ,ra- S rAf 0 ? i'iAY m6 z .), OF :i r.^T C, HIGH COURT DATED:171A412025 ORDER WP.No.11681 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @

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