Smt. Gudla Aravinda v. The State of Telangana

Petition under Article 226 ol 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 in not considering my application dated 14.08.2024 vide Application No. 2400016012 for deletion/exclusion of the property of the petitioner to an extent of Ac.0.20gts in Sy. No. 1701212, Thangallapalli (V),Sircilla Mandal, Rajanna Sircilla District from the prohibited property list is arbitrary, illegal and in violation of Articles 14 and 300-4 of Constitution of lndia, apart from violation of principles of natural justice and consequently direct the respondents to consider the application of the petitioner vide Application No.2400016012 dated 14.08.2024 and delete the petitioner land to an extent of Ac. 0.20gts in Sy No.1701212, Thangallapally (v) Sircilla Mandal and Rajanna Sircilla District and reenter the petitroner name in the revenue records 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 to delete/exclude the land of the petitionerr to an extent of Ac. 0.20gts in Sy No. lT0l2l2,fhangallapalli (v), Sircilla Mandal, Rajanna Sircilla District, from the prohibited property list Counsel for the Petitioner: Ms. G JYOTHI KIRAN Counsirl for the Respondents: SRI L. RAVINDER AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITI ONNo.L22O9 of 2O2S ORDER It is stated that rhe petitioner is the owner and possessor ol. the land admeasuring Ac.O.2O gunras in Sy.No. ITO/2/2, situaLed at Tha.gallapalli Village, Sircilra Mandal, Rajanna-sircilra District, having purchased thc same through registered sale deed bearing document No. 1036 of 1997, dated 24.O5. lgg7. IL is further stated that the name of the pctitioner was mutated in all the revenlre records and she nas issued pattadar passbook No.4O3g13 uide Patta No.778 undcr the provisions of the Telangana Rights in Lancl and Pattadar Passbooks AcL, l97l and the Rules made thereunder. It is further stared that the petitioner has also been receiving 'rarious incentives sanctioned b_y the Government as investment subsidies for cultivation of the said land. It is further stated that, when an application/ representation has been submitted by the petitioner seeking for issuance of e-pattadar pass book, the same was dcnied stating that the subject property, for which the pattadar passbooks have bccn issucd, is listed in the prohibited properties list and therefore, the petitioner made online application No.2400O 16012, dated t4.O8.2O24 seeking ro delete the subject land from the list of prohibited properties. The grievance of the petitioner is that even after receipt of the said application, the 2 - CVBR, J wp 12209 2025 respondent authorities did not consider the same. Hence, this Writ Petition. 2 Considered the submissions made by the leitrned counsel for the parties and \ rith their consent, ttris writ Detition disposed of at the admission stage

3. Ms.Jyothi Kiran, learncd counsel appearing lor the petitioner, has submittcd that, on the application r;ubmitted by the petitioner, respondent No.S-Tahsildar has conclucted an enquiry and submitted a report uid_e proceedings No.Bll,6/2024, dated 23.On.2024, wherein it is spccifically stated that the land admeasuring Ac.O.2O guntas in Sy.No. i7O/2/2 dr not fall under the Ceiling/ trndowment/Waqf/ Land Acquisition 7 LpS Bhoodan/ Tenancy/Government Land and Lhere[ore, recommended to consider thc petitioner's case. Lcarned counsel lurther submits that, acting on the said report, respondent No.4_ Revenue Divisional Officer also recommended the Distrir:l Collector for deletion of the subject propertlr from the list of prohibited properties

4. Sri L.Ravinder, learned Assistant Governmcnt pleader for Revenue appearing for the responclents, has submitted that Sub_ section (4) ol Section 22 A of ihe Registration Act, 1,10g c.nfers the -t CVBR. J Wp 12209 2025 power on the State Governmen'r e ither suo motu or on an application by any person or for giving elfect 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, thc notification issucd under sub-'section (2) and Rules made uncler the provisions of the Act.

5. It is seen from the record that a report has been lorwarded by the Tahsildar, who is the primary authority for maintaining the revenue records, to the Revcr-rue Divisional Officer, uide proceedings No.B I 16 I 2024, date d 23.OA.2O24 , wherein it is specifically stated that the land admeasuring Ac.O.2O guntas in Sy.No.17O/212 do ,r:t fall under rhe Ceiling/Endowment/ Waqf/ Land Acquisition/ LPS Bhoodan/Tenancy/ Government Land and there are no orders granted by the competcnt civil Court restraining the Registering Authority or the Revenue Authority to entertain any transactions/ alienalions over the subject property. In the opinion of this Court, onl-v under two circumstances, firstly, the Registering Authority or the Revenue Authority could list the private patta lands in the list of prohibited properties i.e., if the subject property falls under the provisions of Section 22-A of the Registration Act, 19O8 and secondlv under the prohibited orders ( issued by the competent civil Courr.. [n the absence of these two 4 I L]V B IT. J !Vp I2209 2025 ctrcumstances, the respondent authorities clo not have anv power or authority to list the subject property in the prohibited properties list and the said action on the part of the respot.rdents amoun[s to violation of Articles 300_,{ and 21 of the Constitutron of India.

6. In vicn of the above submissions and since rt is statcd that the petitioner has already made online zrytplication bearing No.24000160 12, dated 14.O8.2024 seeking for deletion of rhe subject property from the list of prohibited proPertics, this court deems it appropriate to dispose of the u,rit petition directing the respondent authorities to consider the said apolicertion within a period of four (04) weeks from the date ol.receipL of a copy of this order. Further, in any event, if the petitioner do .tot satisfy comply with thc aloresaid requiremenrs, the respondcrtr authorities shall pass a reasoned order and communicate the same to the petitioner.

7. With the above observations, this Writ petition is ciisposed oL There shall be no order as to costs.

8. As a sequel, the shall stand closed. miscellaneous petitions oending, if any, //TRUE COPY// SD/.T. TIRUMALA DEVI PEPUTY REGISTRAR SECTION OFFICER :] Th^e State of Telangana, Rep by its princioal Sec I .S. Secretariat, Secretariat Building Hydbrabad_ The chief commissioner of Land Administration, T.s. Secretariat, secretariat Building, Hyderabad -04. The,District collector, Rajanna sircila, Rajanna Sirci[a District, Terangana re ry, Revenue Department, 04. The Reiienue Divisionar officer, Rajanna sircila, Rajanna sircila District, Tei6 garta State To, 1 2 3 4

5. The Tahsildar' Sircilla Mandal' Sircilla Town' Rajanna Sircilla District' 6 One CC to Ms G JYOTHI KIRAN Advocate [OPUCI T Two CCs to GP FoR RE;ENUE 'High Court for the State of Telangana

8. Two CD CoPies KKS u- BS T6 HIGH COURT DATED:2310412025 ORDER WP.No.12209 ot 2025 1 '-\E S r4 16 C) o a :t ,J 3 0 t'tAY 2tr6 /\ !$ P .* Or- \:= ) l),if c.rE-9 =/z) DISPOSING THE WRIT PETITION WITHOUT COSTS r\col&.A Yr, ,d5ur I elangar]a State