The High Court · 2025

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ...RESPONDENTS On** to issue an appropriate Writ' order or direction' more particularly one tn t1"^t^"t'.::::It '" the nature of writ of Mandamus, decraring the action " ::r'::'^"r"':1rl lI pracins the rands of thepetitroners ie-' :fj::Tr# tto. ZZZrtS, 777t41 ' 777131 lo 777133' 777136 lo petitioner and land admeasuring Ac 2-00 guntas comprised in Sy No 777118' and777t4o of the 2nd petitioner' land and777119 of the 3rd 777141 .777132to777t34-'717/3;b777138 admeasuring Ac4-00 rn Sy No777/2lo777t15'777t17 petitioner, land admeasuring Ac 1 -00 guntas in Sy Nos' 777 tz} 1o 777 t23 of lhe 4th petitioner of Mucherra ir,,,un", Hasanparthy Mandal, Hanumakonda District' under the Prohibited List' as per Section 22-A oi the Registration Act' 1908' as 'contrary to the provisions of Section '22 highly illegal, improper' arbitrary' unjust' (A) (2) of the Registration Act' 1908' in violation of the provisions of Articles 14' 21 and300-A of the Constitution of lndia and unconstitutional' besides being contrary to the provisions of the Telangana Assigned Lands (POT) Act' 1977 and iustice' and unconstitutional and Rules, 2007, p'int'pr"t" consequentially to direct the respondents to remove the properties from the ;it;"' ';; prohibitedlisttoenablethepetitionerstoenterintoregisteredtransactions'in respect of their ProPerties tA NO: 10F 2025 SU Petition under Section 151 CPC pray ing that in the circumstances stated in the High Court may be Pleased to the affidavit filed in support of the petition' ister . and release anY document/s direct the 7th respondent to receive' reg land admeasuring Ac resPect of i.e bmitted by the petitioners for registration tn 777 136 to 777138 and 131 lo I ( ttrJ, 20 guntas in Sy' Nos 777118'777t41 '777 Ac.2-0O guntas comPrised in SY 2- -r17 t4O ol the 1 st petitioner' land admeasurtng lo 777 t3B and 777140 of the 2nd 777 132 to 777 t34, 777 136 Nos. 777118. 777141 ' o.777t2 1o 777t15' 777t17 and land admeasuring Ac 4-00 in SY N the 3rd petitioner and land admeasu ring Ac.'1-00 guntas in SY Nos 777119 of rla Village' HasanParthY Mandal' 77712O lo 777t23 of the 4th petitioner of Muche Hanumakonda District, without reference to the proceedings of 5th respondent in Proceedings in R C No E5/6844i2006, dated 26-3-2011 and Proceedings in R C No E5l 5508/2013' E5/5509/20'1'3' 560.10 of 2013 and E:5/6013/2013 and petitioner, ,,, prohibition, under Section 22 (A) of the Registration Act, .1908, pending disposal of the main Writ Petition. / Counsel for the Petitioner : SRI K.V.RAJENDRA PRASAD counserf ortheRespondents:i!!i.?,?Hli53ffrt#t-T'' The Court made the following: ORDER HON'BLE SRI WSTICE C.V. BTIASKAR REDDY WRIT PETITION No .149OS of2025 ORDER: It is stated that petitioner No' 1 is the owner and possessor of the land admeasuring Acs'2'2O guntas; petitioner No.2 is the owner and possessor of the land admeasuring Acs.2.OO guntas; petitioner No.3 is the owner and possessor of the land admeasuring Acs.4.OO guntas and petitioner No'4 is the owner and possessgr of the land admeasuring Ac' 1'00 guntas, situated in Sy.No.777 and its sub-division numbers of Mucherla Village, Hasanparthy Manda'I, Halumakonda District' having purchased the same through different registered sale deeds. It is fr,rrther stated that their names have been incorporated rn the revenue records as pattadars and pattadar passbooks have been issued in their favour under the provisions of the Telargana Rights in Land and Pattadar Passbooks Act' lg7l. It is further stated that the respondents, clarming that the subject, lands are assigned lands, have issued the proceedings under the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act 9 of 1977 (for short "the Act, 1977"). The grievance of the petitioners is that the respondent authorities without issuing any notice as prescribed t 2 CVBR, J Wp_14905 2025 in Form-l and 2 of the Act, l9Z7 have notified the subject properties in the list of prohibited properties. Hence this Writ Petition.

2. Considered the submissions made by the learned counsel for the partibs and with their consent this writ petition is being disposed ofat the admission stage.

3. Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment,. has vehemently contended that the petitioners have pu,rchased the assigned lands, which are prohibited for transfer under the provisions of tne Act, 1972. Learned Assistant Government pleader further submits that after following the procedure as. contemplated under the provisions of the Act, l97Z oflly the subject properties were resumed to the Government custody and accordingly, the said properties were notified in the prohibited properties list.

4. At this stage, learned counsel for the petitioner has submitted that before resuming the lands to the Government, neither notice nor enquiry has been conducted as such, the respondents are not having any power for prohibiting alienation t t \ I I 3 CVBR, J Wp_14905 2025 of the said property for which they have purchased by way of registered sale deeds.

5. The issues whether the properties purchased by the petitioners are assigned lands and'which are prohibited for alienation or the subject properties are the patta lands are required to be examined by the Government' Until and unless a detailed enquiry has been conducted as per the procedure known to law the respondents are not having any power to notiff the subject properties in the list of prohibited properties maintained under Sectiot 22-A of the Registration Act, 1908' As it is stated that no enquiry has been conducted, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make an application under sub-Section 4 of Section 22-A of the Registration Act, 1908 seeking for de- notifying the subject property from the list of prohibited properties duly enclosing all the documents and in the event of such application being filed, the respondent authorities are directed to conduct a detailed enquiry affording an opportunity of hearing to the petitioners and if it is revealed in the enquiry that the nature of lands classified as patta lands the same sha-Il be denotified. If it is revea-led in the enquiry that the nature of 4 CVBR, J Wp-14905 2025 the lands is assigned lands, the respondents are at libergr to take appropriate action as per the provisions of the Act, 7922. 6. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 7 As a sequel, the miscellaneous petitions pending, if any, shall stand closed llrdue copyil /-P. PONNA KRISHN SISTANT REGIST A R SECTION OFFICER To,

1. The Principal Secretary to Govern I etangana, Dr. B. R. Ambedkar Se ment, Revenue Department, State of cretariat, Hyderabad_500 022. Nampally, Hyderabad.

2. The Chief Commissioner of Land Admn., Government of Telangana, 3. The District Collector, Hanumakonda District, at Hanumakonda. 4, The Additional collector (Revenue), Hanumakonda District, at Hanumakonda 5. The Joint Collector, Warangal District (old), at Warangal. 6 The Revenue Divisionar officer, Hanumakonda Division, at Hanumakonda_ 7. The Tahsildar -cum- Sub_ Registrar, Hasanparthy, Hasanparthy Mandal, 8. One CC to SRt K.V.RAJENDRA PRASAD, Advocate. tOpUCl n to GP FoR ASSIGNMENT, High Court for the State of Tetangana. Hanumakonda District. fffa?tt 10.Two CD Copies. BSK BS w I HIGH COURT DATE D: 1 810612025 51'ATE c() 1$5 I'l I o )i * k I',I::(' tj'(\ ORDER WP.No.14905 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6 lcr