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 Mandamus declaring the action of the respondents 2 and 3 in not deleting the land of the petitioner bearing Sy.No.91 admeasuring Ac.14-27 Gts., and Sy.No.92 admeasuling Ac.1 1-'13 Gts., situated at Mamidipally Village, Balapur tvlandal, Ranga Reddy District from prohibitory register/IGRS ebsite, on the online applications of the petitioner dated.28.02.2025, pursuant to orders passed allowing WP No.657/2025 dated.08.01 .2025, wherein this Hon'ble Court set aside the Gazette No.6-4 dated.09.02.1989, as illegal, arbitrary, unjust. u nconstitutiona l, 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 151 CPC praying that in the circums;tances stated in the affidavit filed in support of the petition, the High Court may be'cleased to direct the respondents 2 and 3 herein to consider the online applications of the petitioner daled.28.O2.2O25 made. for deletion of land bearing Sy.No 91 adnreasuring Ac.14- 27 Gts., and Sy.No.92 admeasuring Ac.1 1-13 Gts., ituated at Ma nidipally 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 ------1/ THE HON'BL E SRI JUSTIC E C.V.BHASKAR REDDY WRIT PETITION No .L2192 of 20.25 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.l4.27 guntas in Sy.No.9l and Acs. 11.13 guntas in Sy.No.92, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deed, dated 29.O3.1978. It is further submitted that the petitioner,s narne was mutated in the revenue records i.e., Adangal pahani, 1_B etc. 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 O9.O2.19g9 under Section S(2) of the Wakf Act, 19S4 and subsequently, the Government issued addendum dated OS.O2.20O7 notifying the subject property as Wakf land at Serial No.291O. It is further stated that questioning the said notilication, the petitioner filed W.P.No.657 of 2O2S and this Court uid.e order, dated 08.O 1.2025 allowed the said writ petition in terms of the common order, dated 11.O2.2O2I passed in W.p.No.593g of 2OO8 and batch. It is further stated that questioning the 2 CVBR, J W.P.No. 12 1 )2 of 2025 common order, dated 11.02.2021, the Waqf Board h,rd filed a batch of writ appeals uide W.A.No.318 of 2027 and Bat:h, which were also dismissed by a Division Benph of this Court on
12.11.2021. Being aggrieved by the Division Bench order, tht: Wqaf Board also Iiled SLA (C) No.4166-4175 of 2O2r', and the Hon'ble Apex Court has dismissed the said ap peals on
26.11.2024 and conl-rrmed the order passed by th,: learned Single Judge of this Court setting aside the notihcation and the said order attained finality. The grievance of the pet-itioner is that though the petitioner has made online applications, dated 2a.O2.2O25 seeking to delete the subject property froln the list of prohibited properties and to de-notify the silme and consequently to issue pattadar pass book, the responCents did not consider the same. Hence, the present writ petitiort.
2. Considered the submissions made by the learne,l 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 RegistreLtion Act, 1908 confers the power on the State Government either suo matu or on an application by any person or for givinS; effect to the hna-l orders of the High Court of Telangana or Supreme -------7 / 3 CVBR, J W.P.No.12192 of 2025 Court of India to proceed to de-notify, either in full or in part, the notification issued under sub-section_ and the Rules .(2) made under the provisions of the Registration Act, 19O8. t
4. In the instant case, since it is stated by the learned counsel for the petitioner that the order passed by the learned r ( 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 applications, dated 28.O2.2025 uide Transaction ID Nos.31T4275OOOO8247 and 31T4285OOO07185 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 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. To 1 2 ? 4 5 6 7 PSK. GJP \ 4 CVBR, J W.P.No. 1!] 92 of 2O2S 5 With the above obserwations, this Writ petition is disposed of. There shall be no order as to costs As a scquel, the miscellaneous petitions pendir-rg, if any, shall stand closed. //TRUE COPY// SI]/.MOHD. ISMAIL DEPIJ ry REGISTRAR SE(;TI oNo FFICER / Principal Secretary Revenue Department, Secretariat, Hyder;rbad, State of Telangana. The District Collector, Ranga Reddy District. Tte-Commissioner and lnspector General of Registration anc Stamps, Telangana, Hyderabad. The Tahsildar, Balapur Mandal, Ranga Reddy District. One CC to SRI MOHD MOIN AHIVED QUADRI, Advocate [O]UCl Two CCs to GP FOR REVENUE, High Court for the State of Hyderabad. [OUT] Two CD Copies -[elangana, tj, 1 HIGH COURT DATED:2310412025 ORDER WP.No.12192 of 2025 a) u o ,-aa:::::::. Lt s $* clJ F o L.l ,,1 \ -.? ,.\\,;7 =---' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ K