S.Raju Goud v. State of Telangana

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 petitioner bearing Sy.Nos.356 and 357 of Kongarakurdu (A) Village, Maheswaram Mandal, Ranga Reddy District . from prohibitory- register/IcRS website, on the online applications of the petitioner da|ed.23.12.2024, pursuant to orders passed allowing WP No.2034712022 dated.'1 '1 .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, unconstitutio nal, violation of principles of natural justice, and consequently direct the respondent No.2 and 3 herein to delete the subject 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 ir 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 dated.23 .12 .2024 made for deletion of land bearing Sy.Nos.356 and 357 of Kongarakurdu (A) Village, l\,4aheswaram Mandal, Ranga Reddy District from prohibitory register/IGRS website, immediately, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I I THE HON,BLE SRI JUSTI CE C.V.BHAS KAR REDDY WRIT PETITION No.1 1683 of 2O25 ORDERI This writ petition is filed seeking following reliet oFor the reasons stated in the accompanying affidavit, -the petitioner 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 arrd 3 in not deleting the land of the petitioner bearing Sy.Nos.356 & 357 of Kongarakurdu (A) Village, Maheswaram Mandal' Ranga Reddy District from prohibitory register/IcRs website, on the online applications of the petitionet dated-i23.12.202 4, pursuant to orders passed allowing WP No.2O347 12022 dated: 11.09.2024, wherein this Hon'ble Court set aside the Gazette No.6 dated:09.02. 1989, as wetl as addendum dated 08'02 2007' as illegal, arbitrary, unjust, unconstitutional, violation of prilciples 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 SuchotherordersasthisHonlrleCourtmaydeemslitandproperinthe circumstances of the case."

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs. 12.39 guntas in Sulvey No'356 and Acs' 17' 1 1 guntas in Survey No.357, situated at Kongarakurdu (A) village, Maheswaram Mandal, Ranga Reddy District (for short, 'the subject property'). 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 File NoJ 1226a I J992 dated C/6.12.l995 by the then Revenue Divisional officer and Sub-Divisional Magistrate, Ranga Reddy trast Division, Ranga Reddy District. It is further submitted that petitioner's name was also mutated in the revenue -records -.,"? / 1t 2 CVBR, J W.P.No.11683 of 2O25 ufde mutation proceedings No.B/27aO/2002 dated O5.LO.2OO2 issued by the Mandal Revenue Officer, Maheswaram Mandal, as pattadar and possessor uide Adangal /Pah ani, 1-B etc., under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act, 1971) and pursuant to tha.t, 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 inciuded under prohibited properties on the ground of issuance of A.P. Gazette No.6 dated O9.O2.19a9 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.142 and 143. It is llrther stated that questioning thc said notification, the petitioner was constrained to file a writ petition before this Cotrt uide W.P.No.2O347 ol 2022 and this Court by order dated 1I.O9.2024 allowed the said writ petition by setting aside the notihcation and the said order attained finality since no appeal was preferred against the same. The grievance of the petitioner is that thc petitioner made online applications dated 23.12.2024 uide Transaction ID Nos.31T42850OOO4425 and 31T428500004436 to respondent Nos.2 and 3 by enclosing the order dated 11.Og.2024 passed by this Court in W.P.No.20347 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 CVBR, J W.P.No.11683 of 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, 19og confers the power on the State Government either suo motu or on an application by any person or for giving effect to the Iinal 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, l9Og. , \

5. In the instant case, since it is stated by the learned counsel for t I the petitioner that no appeal has been filed aggrieved by the order dated 1l'o9'2o24 passed by this court in w.p.No.20347 of 2022, the said order has attained finarity and since the nature of the subject rands has been declared as patta lands and notification of the wakf Board has been set aside uide order dated 1,r.o9.2024 passed by this court in w.p.No.2o347 of 2O22 aod since it is the specilic case of the petitioner that he has made online applications dated 2A.12.2024 ukle Transaction ID Nos.31T42850ooo442s and 31T428500004436 for deretion 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 a.d 3 to examine the said applications strictty in accordance witrr the provisions of the Registration Act, 190g and taking into consideration of the pattadar pass I 4 CVBR, J W.P.No.11683 of 2O25 book issued eariier under the provisions of ROR Act, l97l and pass appropriate orders in 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 to the Petitioner.

6. With t he 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, //TRUE COPY// SD/- A. SRINIVASA REDDY TANT REGISTRAR A !;ECTION 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, [\,4aheswaram l\rlandal, Ranga Reddy District. 5. One CC to SRI MOHD IvlOlN AHMED QUADRI, Advocate. IOPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. I

7. Two CD Copies. w BSK GJP t i l I i : l i HIGH COURT DATED:1710412025 ORDER WP.No.11683 of 2025 o k I l irE S I.t 0 2 li,i y ((.( 2025 ; .| .d" {ipntCrtE o DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I @ +ry- v'lrlrf