✦ 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 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.304/EE admeasuring Ac'1-16 Gts.' Sy.No.304/U admeaguring Ac.l-16 Gts., Sy.No.305/AA admeasuring Ac.4-00 Gts., and Sy.No.306/44 admeasuring Ac.l-19 Gts., all are situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioner dated14.04.2025, pursuant to orders passed aiiowing WP No..17505/2009 dated11.02.2021, wherein this Hon'ble Court set aside the Gazette No.6-A dated09.02.1989, as illegal, arbitrary, unjust' unconstitutional, 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. -/ fA NO: 1 OF 202s 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 dated14.04.2025 made for deletion of land bearing Sy.No.304/EE admeasuring Ac.1-16 Gts., Sy.No.304/U admeasuring Ac.1-'16 Gts., Sy.No.305/AA admeasuring Ac.4-00 Gts., and Sy No 306/AA admeasuring Ac.1-1 9 Gts., all are situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District from prohibitory register/IGRS website. immediately, periding 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 THE HON'BLE SRI JUST ICE C.V.BHASKAR REDDY WRIT PETITION No.12128 of 2O25 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Ac. 1.16 guntas in Sy.No.304/EE; Ac.1.16 guntas in Sy.No.3o4/U; Acs.4.00 guntas in Sy.No.3oS/AA and Ac. 1. 19 guntas in Sy.No.306/AA, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.5615 of 2016, dated 14.03.2006. It is further submitted that the petitioner's name was mutated in the revenue records uide mutation proceedings No.B/ 125212O06, dated 19.04.2006 and pattadar passbook No.484O79 and Title deed No.484O64 uide Patta No.B27 were also issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1977 (for short, 'the ROR Act, 197 1"). 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 08.O2.2O07 notifying the subject property as Wakf iand at Serial No.29 13. It is further stated that questioning the said 1 ! 2 CVBR, J W.P.No. 12128 of 2025 notilication, batch of writ petitions came to be liled and this Court uide common order, dated 11.O2.2O2L, allowed the said batch of writ petition and questioning the same, the Waqf Board had filed a batch of writ appcals uide W.A.No.318 of 2O2l and Batch, which were also d ismissed by a Division Bench of this Court on l2.ll.2o2l. Being aggrieved by the Division Bench order, the Wqaf Board also liled SLA (C) No.4l66-4175 of 2022 and the Hon'ble Apex Court has dismissed the said appeals oo 26.11.2024 and confirmed the order passed by the learned Single Judge of this Court setting aside the notilication and the said order attained Iinality. Thc grievance of the petitioner is that though the petitioner has made online applications, dated LO.O4.2O2S seeking to delete 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.

3. Sub-secrion (4) of Section 22-A of the Registration Act, l90g confers the power on the State Government either suo motu or on --------7 3 CVBR, J W.P.No.12128 ot 2025 an application by any person or for giving effect to the final orders ol the High Court of Telangana or Supreme Court of India to proceed to de-notify, either in full or in part, the notilication issued under sub-section (2) and the Rules made under the provisions o[ 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 Notifrcation 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,.he has made online applications, dated 14.O4.2025 uide Transaction ID Nos.30T675100002964; 3OT675100OO2965; 30T675100002966 and 30T675|00002967 seeking for deletion of the subject property from the list of I / 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 ROR Act, 197 1 , 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. 4 CVBR, J W.P.No. 1212a of 2025 \ 5 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. //TRUE copy// SD/.MOHD. ISMAIL DEPUT,REGISrRAR SECT6N OFFICER Telangana. Telangana. Hyderabad.

1. Principal Secretary Revenue Department, Secretariat, Hyderabad, State of 2. lhe District Collector, Ranga Reddy District. 3.'The Commissioner and lnspector General of Registration and Stamps, 4. The Tahsildar. Balapur Mandal, Ranqa Reddy District. 5. One CC to SRt MOHD MOf N AIMED OUADI{, Advocate IOPUCI 6. Two CCs to GP FOR REVENUE, High Court for the State 6f Telarigana, at 7. Two CD Copies Hyderabad. [OUT] To PSK. GJP \ iL HIGH COURT DATED:2310412025 ORDER WP.No.12128 of 202 :a

1.? :=S., 1€L4ti ,{, s \- \=o ctJ t\ ).:, pn * r ! DISPOSING OF THE WRIT PETITION WITHOUT COSTS I BI

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