The High Court · 2025
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 a Writ, Direction or an Order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not deleting the land bearing Sy.Nos.354 & 355 of Kangarakurdu (A) Village, Maheswaram Manda, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioner daled 23.12,2024, pursuant to orders passed allowing WP No.4567/2022 daled 13.09.2024, wherein this Hon'ble Court set aside the Gazette No.6 dated 09.02.1 989, as well as addendum dated 08.O2.2OO7, as illegal, arbitrary, unjust, unconstitutiona l, violation of principles of natural justice, and consequently direct the respondent 2&3 to delete the subject land from prohibitory register/IGRS website, immediately. it. I lA NO: 1 OF 2025 Petition under section 1 51 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 2 and 3 herein to consider the online applications of the petitioner dared.23.12.2024 made for deletion of land bearing sy.Nos.354 and 355 of Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, immediately, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED eUADRt Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICD C.V.BHASKAR REDDY WRIT PETITION No.1 t639 of 2o25 ORDER: This writ petition is filed seeking following reliet . "For the reasons stated in the accompanying affidavit, the petitioner herein pray that the Honble 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 bearing Sy.Nos.354 & 355 of Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioner daled,:23 - \2.2024, pursuant to orders passed allowing WP No.4567/2022 dated: 13.09.2024, wherein this Hon'ble Court set aside the Gazette No.6 dated:09.02. 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 lrom prohibitory register/IGRS website, immediately, and to pass such other orders as this Hontlte Court may deems fit and proper in the circumstances of the case-"
2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs. 12.33 guntas in Survey No.354 and Acs. 9.39 guntas in Survey No.355, situated at Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District (for short, 'the subject propertyJ. It is further stated that originally the petitioner is in possession and enjoyment of the subject property as a protected tenant since long time and on considering his long standing possession as protected tenant, he was issued Occupancy Rights Certificate (ORC) proceedings uide F71e No.J /2OOB / 1992 dated
13.09. 1995 by the then Revenue Divisional Ofhcer and Sub-Divisional Magistrate, East Division, Ranga Reddy District. It is further submitted that petitioner's name was also mutated in the revenue records uide mutation \^.+ 2 CVBR, J \l/.P.No.1 1639 of 2025 proceedings No.Bl2775/2OO2 dated O2.LO.2OO2 issued by the Mandal Revenue Officer, Maheswaram Mandal, as pattadar and possessor /ide Adangal/Pahani, 1 B etc., under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act, 1971J and pursuant to ihat, he was also issued manual pattadar passbook and title deeds. It is further stated that the petitioner came to know that the subject property is included under prohibited properties on the ground of issuance of A.P. Gazette No.6 dated O9.O2.1989 under Section 5(2) of the Wakf Act, 1954 and subsequently the Government issued addendum dated' O8-O2.2OO7 notifying the subiect properly as Wakf land at Serial Nos. 142 and 143. It is further stated that questioning the said notification, the petitioner was constrained to file a writ petition before this Court uide W.P.No'4567 of 2022 and this Court bv order dated 13.09.2024 allowed the said writ petition by setting aside the rrotificat-ion and the said orcier attained finality since no appeal was preferred against the same. The grievance of the petitioner is that the petitioner made online applicdtions dated 23.12.2024 uide Transaction tD Nos.31T4285OOOO44O4 and 31T428500004409 to respondent Nos.2 and 3 by enclosing the order dated 13.09.2024 passed by this Court in W.P.No.4567 of 2Q22 seeking deletion of the subject property from the list ol 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- '"' \ I 3 CVBR, J W.P.No.11639 oJ 2025
3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition IS disposed of at the admission stage.
4. The Sub-section (4) of Section 22-A of the Registration Act, 1908 conlers 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, 19O8. I t
5. In the instant case, since it is stated by the learned counsel for I the petitioner that no appeal has been hled aggrieved by the order dated
13.09.2024 passed by this Court in W.P.No.4567 of 2022, the said order has attained finality and since the nature of the subject lands has been declared as patta lands and noti{ication of the Wakf Board has been set aside uide order dated 13.09.2024 passed by this Court in W.P.No.4567 of 2022 and since it is the specific case of the petitioner that he has made online applications dated 23. 12.2024 uide Transaction ID Nos.3 1T428500004404 and 31T428500004409 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 irlto consideration of the pattadar pass book issued earlier under the t/ ,/ 1 r 4 CVBR, J W.P No.1 1 639 of 2025 provisions of ROR Act, 1971 and pass appropriate orders in accordance with law within a period ol two (O2) months from the date of receipt of a copy of this order and communicate the decision thereon to the petitioner.
6. With the above observations, this Writ Petition is disposed of There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, SD/.A.SRINIVAS REDDY REGISTRAR .IJ\NT S //TRUE COPY// SECTION OFFICER 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 Mandal, Ranga Reddy District. 5. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana touTl
7. Two CD CoPies. BSK v o* 1He SIA , J 0 2 tirAY 20[ z a .L t oFspATCH * HIGH COURT DATED:1710412025 ORDER WP.No.11639 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ W