✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 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 For 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 and 3 in not deleting the land of the petitioner bearing Sy.No.258 admeasuring Ac.2-O1 Gts., Sy.No.299/AA admeasuring Ac.4-34 Gts., Sy.No.300/AA admeasuring Ac.5-16 Gts., Sy.No.3OO/EE admeasuring Ac.1-26 Gts.,and Sy.No.301/AA admeasuring Ac.5-04 Gts., all are situated at [Vlamidipally Village, Balapur Mandal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioner dated 10.04.2025, pursuant to orders passed allowing WP.No.17505/2009 dated 11.02.2021, wherein this Hon'ble Court set aside the Gazette No.6-A dated.09.02.1989, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice, and consequently i I -7 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 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 dated:'10.04.2025 made for deletion of land bearing Sy.No.25B admeasuring Ac.2- 01 Gts., Sy.No.299/AA admeasuring Ac.4-34 Gts., Sy.No.300/AA admeasuring Ac.5-16 Gts., Sy.No.30OiEE admeasuring Ac.1-26 Gts., and Sy.No.301/AA admeasuring Ac.5-04 Gts., all are situated at Mamidipally Village, Balapur Mandat, 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: cP FOR REVENUE The Court made the following: ORDER i THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.12122 of 2o25 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.01 gunta in Sy.No.258; Acs.4.34 guntas in Sy.No.299lAA; Acs.5. 16 guntas in Sy.No.3O0/AA; Ac.l.26 guntas in Sy.No.300/EE and Acs.5.04 guntas in Sy.No.3O1/AA, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deeds bearing document Nos.2764 of 2006, 12574 of 2OO5, 10182 of 2OO5, 5617 and 5618 of 2006. It is further submitted tJlat the petitioner's name was mutated in the revenue records uide mutation proceedings No.B/4421 /2OO5, dated 26.10.2006 and Proc.No.Bl 1252/2006, dated 19.04.2006 and pattadar passbook No.TO503015O084 was also issued in her favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short, 'the Act 9 of 2O2O"l. It is further stated that the petitioner came to know that the subject property is included in the list of prohibited properties on the ground of issuance of A.P. Gazette No.6 dated 09.02.1989 under Section 5(2) of the Wakf Act, 1954 and subsequently, the Government issued addendum dated OA.O2.2OO7 notiffing the l 2 CVBR, J W.P.No. )2122 of 2025 \ subject property as Wakf land at Serial No.29 13. tt is further stated that questioning the said notification, batch of rvrit petitions came to be filed and this Court uide common order, dated . Ll.O2.2O21, allowed the said batch of writ petition and questioning the same, the Waqf Board had filed a batch of writ appeals uide W.A.No.318 of 2021 and Batch, which were also dismissed by a Division Bench of this Court on 12.11.2O2I. Being aggrieved by the Division Bench order, the Wqaf Board also filed SLA (C) No.4 166-4175 ol 2022 and the Hon'ble Apex Courr h:rs dismissed the said appeals on 26.1I.2024 and confirmed the order passed by the learned Single Judge of this Court setring aside the notification and the said order attained finality. The grievance of the petitioner is that though the petitioner has made online applications, datcd 10.O4.2025 seeking to dclete the subject property from the list of prohibited properties and to de-notify the same and consequently to issue pattadar pass book, the respondents did not consider the same. Hence, the present writ petition.

2. Considered the submissions made by the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage. -----/ CVBR, J W.P.No. 12122 of .2025

3. 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 the Rules made under the provisions of the Registration Act, 1908.

4. In the instant case, since it is stated by the learned counsel for the petitioner that the order passed by the learned Single Judge in batch of writ petitions setting aside the Gazette Notification No.6-A has attained finality and since the nature of the subject lands has been declared as patta land and since it is the specific case of the petitioner that she has made online applications, dated 1O.O4.2025 vid"e Transaction ID Nos.3OT67510OOO2957; 30T675100002958; 30T6751000O2959; 30T675100002960 and 30T675100002961 seeking 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, 19OB and taking into consideration the pattadar pass book issued earlier under the provisions of the Act 9 of 2O2O, pass appropriate orders in I 4 CVBR, J W.P.No 12122 of 2C25 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. 5 With the above observations, this Writ petition is disposed of. Thcre shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. i/TRUE COPYII SD/.MOHD. ISMAIL DEPUry REGISTRAR To \ f:,:?i8:lr:.cretary Revenue Department, Secretariat, Hyderabad, State of , 2. The District Collector, Ranga Reddv District. lnspector General or Resistration and stamps, - IiEif#I 3 o?? tt?J'sA'^;5ntflslfl3fif,tr*T$'nia[ksp*,*sana 6. Two CCs to GP FoF Hyderabad. IOUTI t*o CD Copies "i;!::iffi' SECTION OFFICER aa*r. GJP +y a, i HIGH COURT DATED:2310412025 ORDER WP.No.12122 of 2025 :t,, .$ z t .N\ ^)' 9ru + 1" l; { r* \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ b)

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