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, order or direction more particularly one in the nature of Writ of [\rlandamus declaring the action of the respondents 2 and 3 in not deleting the land of the petitioner bearing Sy.No.90 admeasuring Ac.16-13 Gts., situated at lr/amidipally Village, Balapur It/andal, Ranga Reddy District from prohibitory register/IGRS website, on the online applications of the petitioner dated- 04.03.2025, pursuant to orders passed allowing WP No.1962/2025 dated- 24.01 .2025, wherein this Honorable 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 direct the respondent No.2 and 4 herein to grant mutation and issue e-pattadar passbook and title deed to the petitioner in respect of subject land, immediately. ,/ lA NO: 1 OF 2025 Petition under Section 15'l 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-04.03.2025 made for deletion of land bearing !V.No.OO admeasuring Ac.16- '13 Gts., situated at Mamidipally Village, Balapur [\/andal, 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 forthe Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTIC E C.V.BHASKAR REDDY WRIT PETITION No.122OO of2O2S ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.l6.13 guntas in Sy.No.9O, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deed, dated 24.10.1987. It is further submitted that the petitioner,s 4ame was mutated in the revenue records i.e., Adangal pahani, i_B etc. It is further stated that the petitioner came to know that the subject property is included in the 1ist of prohibited properties on the ground of issuance of A.p. Gazette No.6_A, 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 subject property as Wakf land at Seriai No.29 1O. It is further stated that questioning the said notification, the petitioner filed W.p.No. 1962 of 2O2S and this Court uide order, dated 24.01.2025 allowed the said writ petition in terms of the common order, dated 1 I.O2.2O2l passed in W.P.No.5938 of 2OO8 and batch. It is further stated that questioning the common order, dated Il.O2.2O2l, the Waqf 2 CVBR, J W.P.No. l22OO of 2025 \ Board had lrled a batch of writ appeals uide W.A.No.318 of 2021 and Batch, which were also dismissed by a Divisior-r Bench of this Court on l2.ll.2o2l. Being aggrie.ved by the Division Bench order, the Wqaf Board also filed SLA (C) No. 166-4 175 of 2022 arrd. the Hon'ble Apex Court has dismissecl the said appeals on 26.1I.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 application, dated O4.O3.2O25 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-section (4) of Section 22-A of the Registration Act, 1908 confers the power on the State Government either suo moh) or on an application by any person or for giving effect to the final orders of the High Court of Telangana or Supreme 3 CVBR, J W.P.No.122OO of 2025 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 he has made online application, dated 04 .O3.2O25 uide Transaction ID No.31T6782O000 1243 seeking for deletion of the subject I 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 th'e Registration Act, 19O8 and taking irrto consideration the sale deed, adangal pahani and 1-B register, pass appropriate orders in accordance with law within a period of two (02) 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. 12200 of 2O25
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 DEPUry REGISTRAR SECTION OFFICER / To
2. J.
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7. PSK. GJP The Principal Secretary Revenue Department, Secretariat, Hyderabad, State of Telangana. The District Collector, Ranga Reddy District. The Commissioner, and lnspector General of Registration and Stamps, Telangana, Hyderabad. The Tahsildar. Balapur Mandal, Ranga Reddy District. One CC to SRI I\/OHD MOIN AHMED QUADRI, Advocate IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies \), HIGH COURT DATED:2310412025 A, ORDER WP.No.12200 ot 2025 a( o ll- \ t\ t4 s i, '\ a \ \' .i DISPOSING OF THE WRIT PETITION WITHOUT COSTS n 7