✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025

Petition under Section 15'1 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.299/A/1 admeasuring Ac.2-00 Gts., Sy.No.300/E admeasuring Ac.2-00 Gts., Sy.No.304/4 admeasuring Ac.1-17 Gts., Sy.No 304/AA admeasuring Ac.1-16 Gts., Sy.No.305/4 admeasuring Ac.5-18 Gts., and Sy.No.306/A admeasuring Ac.1-04 Gts.. all are situated at Mamidipally Village, Balapur 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 -7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12146 of 2O25 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.00 guntas in Sy.No.299/A/ 1; Acs.2.OO guntas in Sy.No.300/E; Ac.1.17 guntas in Sy.No.304/A; Ac. 1.16 guntas ln Sy.No.304/AA; Acs.S.18 guntas in Sy.No.305/A and Ac. 1.O4 guntas in Sy.No.306/A, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deeds bearing document Nos.2275/2006, l9l7 /2OO8 and 5616/2006. lt is 'further submitted that the petitioner's name was mutated in the revenue records uide mutation proceedings No.B/1252/2006, dated

19.O4.2006 and Proc.No.B/674/2OO8, dated 14.O7.2OO8 and pattadar passbook No.435448 uide Patta No.749 was also issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, the ROR Act, 1971). It is further stated that the petitioner carne 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 O9.O2.L9a9 under Section 5(2) ol the Wakf Act, 1954 and subsequently, the Government issued addendum dated Oa.O2.2OO7 notifying the 2 CVBR, J W.P.No.l2146 of 2025 \ subject property as Wakf iand at Serial No.2913. It is further stated that questioning the said notification, the petitioner had filed a writ petition before this Court uide.W.P.No.175O5 of 2OO9 and this CoorL uide common order, dated | 1 .O2.2O21 , allowed the said writ petition along with other writ petitions and questioning the same, the Waqf Board had filed a batch of writ appeals uide W.A.No.318 of 2O2l and Batch, which were also dismissed by a Division Bench ol this Court on 12.1 1.2021. Being aggrieved by the Division Bench order, the Wqaf Board also filed SLA (C) No.4166-4175 of 2022 and the Hon'ble Apex Court has dismissed the said appeals on 26.11.2024 and confirmed the order passed by the learned Single Judge of this Court setting aside the notification and the said order attained finality. The grievance of the petitioner is that though the petitioner has made online applications, dated IO.O4 .2025 seeking to delete the subject property from the list of prohibited properties and to de-notifr 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 CVBR, J W.P.No. 12146 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 ol an. application by any person or lor giving effect to the final orders of the High Court of Telangana or Supreme Court of India to proceed to de-notify, either in lull or in part, the notification issued under sub-section (2) and the Rules made under the provisions of the Registration Act, 19O8. \l \1

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 W.P.No.17505 of 2009 setting aside the Gazette Notification No.6-A has attained finaiity and since the nature of the subject Iands has been declared as patta land and since it is the specific case of the petitioner that he has made online applications, dated 1O.O4.2025 uide Transaction ID . Nos.30T6751OOO02951, 30T675100002952, 30T675100002953, 30T675100002954, I I 30T675100002955 and 30T675100002956 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, 19O8 and taking into consideration the pattadar pass book issued earlier I ) 4 CVBR, J W.P.No. )'2146 of 2025 under the provisions of ROR Act, 1971, pass approprirrte orders in accordance with law within a period of two (O2) monr_hs 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 rlisposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII sD/-MOHP. tSMA|L DEPUTY REGISTRAR I SECTIOI\,,OFFICER Principal Secretary Revenue Department, Secretariat, Hyderabad, State of Telangana. The District Collector, Ranga Reddy District. The Commissioner and lnspector General of Registration and Stamps, Telang'ana, Hyderabad. The Tahsildar, Balapur Mandal, Ranga Reddy District. One CC to SRI TMOHD MO|N AHTVED eUADRt, Advocate tOpUCl Two CCs to GP FOR REVENUE, High Court for the State 6f Tetarigana, at Hyderabad. [OUT] Two CD Copies To

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7. PSK. GJP HIGH COUR'I- DATED:2310412025 ORDER WP.No.12146 of 2025 :7_ It o .> * a- 1t-l- o e-) s $ \ C Jt l9ltl * DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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