Bqldam lV'lohan Reddy v. 1. The State of Telangana

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 in keeping Petitioners land admeasuring Ac, 4-13 gts. in Sy.No. 539 and land admeasuring Ac. 1-6 gts in Sy.No. 540/8, in total Ac. 5-19 gts. situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District in the Prohibited Properties list as illegal, arbitrary and ultra vires and declare the two Notifications dated 29.12.2017 issued by the Sub-Registrar, Karimnagar (Rural) in respect of the Petitioners properties in Sy. No. 539 and 540 situated at Mulkanoor Village, Chigurumamidi ttilandal,KarimnagarDistrictasillegal'arbitraryandultraviresan'lconsequently directRespondentsNo.,lto5todeletethelandadmeasuringAc.4-13gts.in Sy.No.53gandlandadmeasuringAc'1-6gtsinSy.No.540/8,intotalAc.5.19 gts. situated at Mulkanoor Village' Chigurumamidi Mandal' Kari'nnagar District from the list of Prohibited Properties' I.A.NO:1 OF 2023 PetitionUnderSectionl5lCPCprayingthatinthecircumsl.ancesstatedin the affidavit filed in support of the petition, the High court may be pleased to directtheRespondentsNos.4and5toregistertheSaleDeedslobepresented by the Petitioner in respect of land admeasuring Ac' 4-13 gts in ::iy No 539 and land admeasuring Ar. '1-6 gts in Sy'No 540/8; in total Ac 5-19 gts situated at lVlulkanoor Village, chigurumamidi Mandal, Karimnagar District pr:nding disposal of the above writ Petil ion. Counsel for the Petitioner : SRI P'GlRl KRISHNA Counsel for the Respondent Nos'1 to 5 : AGP FOR REVENUE Counsel for the Respondent No'6 : AGP FOR HOME The Court made the following ORDER a, --7/ L. HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.1732O of 2023 ORDER: . This Writ Petition is filed praying this Court to declare the action of the respondents in keeping the petitioner,s land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.06 gts, in Sy.No.54O/B, total admeasuring Ac.5.19 gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, in the prohibited properties list as illegat, arbitrary..and consequently, prayed for other appropriate reliefs.

2. Considered the submissions made by the learned counsel for the parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.O6 gts, in Sy.No.540/B, total admeasuring nc.S. tS gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, having purchased the same through a registered sale deed bearing document No.703 0f 2011, dated 18.03.2011. It is further stated that the name of the petitioner has been recorded in all the revenue records and the revenue authorities also issued pattadar passbook No.T|7O|OO30644 uide Khata No. 1214 in favour of the d..a. petitioner under the provisions of the Telangana Rights in Land 2 CVBR, J Wy 11320 2023 { and Pattadar Passbooks Act,2O2O (for short "the Act 9 tf 2O2O"). It is further stated that the respondents, without ta king into consideration c,f all the documents, have mentioned tLLe subject property as prohibited property in Dharani Portal and s,oon after noticing the same, the petitioner has made an appliczttion vide No.2100138448 seeking for deletion of the subject property from the list of prohibited properties. It is further stated tha the said application was rejected by respondent No.2 on the grounrl that the Deputy Superintendent of Police CID GHR, TS, has r.r.'rittt n a letter on 20.11.2017 not to execute any registered sale deeds .n respect of the propertv'n Sy.Nos.539 and 54O as the said lands are subject matter of Crime No.1 19 of 2025. 4, karned < ounsel for the petitioner has vehementl-y < ontended that the lands purchased by the petitioner are private pz'rtta lands and the name of the petitioner was recorded in the revenlte records and pattadar passbook has also been issued. It i.i further contended thal the respondents are not having any power or authority to notify the private properties/ patta lands of the petitioner, except the properties which are prohibited r tnder the provisions of 22-A of the Registration Act, 1908 (for short. 'the ActJ 3 C\tsR, J wp-t7320 2023 and more particularly, in the absence of any of the restraining orders issued by the competent Civil Court or by this Court' It is settled law that once the nature of the land is shown as S. patta land arld pattadat passbook has been issued in favour of the petitioner, the respondent authorities are not having any power or authorit5r to notify the subject properties as prohibited properties either in Dharani Portal or in the list of prohibited properties maintained under the provisions of the Act'

6. Learned Assistant Government Pleader for Revenue appearingfortherespondentshasnotdisputedthattheproperties purchased by the petitioner as private properties' \ f deems it In the said circumstances, this Court, without going into the the subject 7 merits of the case, taking into consideration that properties ol the petitioner are the patta lands' appropriate to dispose of this writ petition permitting the petitioner to make a fresh online application seeking deletion of the subject properties from the list of prohibited properlies' On such application being frled, the respondents are directed to consider the same and delete the subject properties from the list of prohibited properties. If otherwise, the petitioner is not eligible for the same, the respondents shall pass a reasoned order and communicate the 4 CVBR, J wy, 17320 2023 ( same to the petil.ioner, within a period of eight (08) weeks, from the date of receipt of a copy of this order. g. With the iLbove observations, this Writ Petition is dis,,posed of. There shall be nc order as to costs. As a seqr:el, the miscellaneous petitions pendin6t,, if any, shall stand closr:d' //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANI' REGISTRAR l"r 5i! CTION OFFICER To 2 3 4 6 7 8 The Principal Secretary, Revenue Department, Secretariat, Stale of Telangana at HYderabad' The District Collector, Karimnagar District. Revenue Development Officer, Karimnagar District' Tahsildar, Chigurumamidi Mandol Karimnagar District. Sub-Registrar, Karimnagar (Rural), Thimmapur, Karimnagar District. i6e Oeputy Superintendent of Police, CID, GHR, Telangana St;rte, Hvderabad. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hvderabad lOUTl Two CCs to GP FOR HOME, High Court for the State of Telang ana at Hvderabad [OUT] g. One CC to SRI P.GlRl KRISHNA, Advocate [OPUC] 10. Two CD CoPies SA GJP I I ::i;;TF-, . a o^..\, .a ). t:t: . --, ..4 ( -' [ [Pl 2025 I 'l "1' .i' HIGH COURT DATED:0510212025 ORDER WP.No.17320 ot 2023 DISPOSING OF THE W.P WITHOUT COSTS. 09 e) @ K

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 in keeping Petitioners land admeasuring Ac, 4-13 gts. in Sy.No. 539 and land admeasuring Ac. 1-6 gts in Sy.No. 540/8, in total Ac. 5-19 gts. situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District in the Prohibited Properties list as illegal, arbitrary and ultra vires and declare the two Notifications dated 29.12.2017 issued by the Sub-Registrar, Karimnagar (Rural) in respect of the Petitioners properties in Sy. No. 539 and 540 situated at Mulkanoor Village, Chigurumamidi ttilandal,KarimnagarDistrictasillegal'arbitraryandultraviresan'lconsequently directRespondentsNo.,lto5todeletethelandadmeasuringAc.4-13gts.in Sy.No.53gandlandadmeasuringAc'1-6gtsinSy.No.540/8,intotalAc.5.19 gts. situated at Mulkanoor Village' Chigurumamidi Mandal' Kari'nnagar District from the list of Prohibited Properties' I.A.NO:1 OF 2023 PetitionUnderSectionl5lCPCprayingthatinthecircumsl.ancesstatedin the affidavit filed in support of the petition, the High court may be pleased to directtheRespondentsNos.4and5toregistertheSaleDeedslobepresented by the Petitioner in respect of land admeasuring Ac' 4-13 gts in ::iy No 539 and land admeasuring Ar. '1-6 gts in Sy'No 540/8; in total Ac 5-19 gts situated at lVlulkanoor Village, chigurumamidi Mandal, Karimnagar District pr:nding disposal of the above writ Petil ion. Counsel for the Petitioner : SRI P'GlRl KRISHNA Counsel for the Respondent Nos'1 to 5 : AGP FOR REVENUE Counsel for the Respondent No'6 : AGP FOR HOME The Court made the following ORDER a, --7/ L. HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.1732O of 2023 ORDER: . This Writ Petition is filed praying this Court to declare the action of the respondents in keeping the petitioner,s land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.06 gts, in Sy.No.54O/B, total admeasuring Ac.5.19 gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, in the prohibited properties list as illegat, arbitrary..and consequently, prayed for other appropriate reliefs.

2. Considered the submissions made by the learned counsel for the parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.O6 gts, in Sy.No.540/B, total admeasuring nc.S. tS gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, having purchased the same through a registered sale deed bearing document No.703 0f 2011, dated 18.03.2011. It is further stated that the name of the petitioner has been recorded in all the revenue records and the revenue authorities also issued pattadar passbook No.T|7O|OO30644 uide Khata No. 1214 in favour of the d..a. petitioner under the provisions of the Telangana Rights in Land 2 CVBR, J Wy 11320 2023 { and Pattadar Passbooks Act,2O2O (for short "the Act 9 tf 2O2O"). It is further stated that the respondents, without ta king into consideration c,f all the documents, have mentioned tLLe subject property as prohibited property in Dharani Portal and s,oon after noticing the same, the petitioner has made an appliczttion vide No.2100138448 seeking for deletion of the subject property from the list of prohibited properties. It is further stated tha the said application was rejected by respondent No.2 on the grounrl that the Deputy Superintendent of Police CID GHR, TS, has r.r.'rittt n a letter on 20.11.2017 not to execute any registered sale deeds .n respect of the propertv'n Sy.Nos.539 and 54O as the said lands are subject matter of Crime No.1 19 of 2025. 4, karned < ounsel for the petitioner has vehementl-y < ontended that the lands purchased by the petitioner are private pz'rtta lands and the name of the petitioner was recorded in the revenlte records and pattadar passbook has also been issued. It i.i further contended thal the respondents are not having any power or authority to notify the private properties/ patta lands of the petitioner, except the properties which are prohibited r tnder the provisions of 22-A of the Registration Act, 1908 (for short. 'the ActJ 3 C\tsR, J wp-t7320 2023 and more particularly, in the absence of any of the restraining orders issued by the competent Civil Court or by this Court' It is settled law that once the nature of the land is shown as S. patta land arld pattadat passbook has been issued in favour of the petitioner, the respondent authorities are not having any power or authorit5r to notify the subject properties as prohibited properties either in Dharani Portal or in the list of prohibited properties maintained under the provisions of the Act'

6. Learned Assistant Government Pleader for Revenue appearingfortherespondentshasnotdisputedthattheproperties purchased by the petitioner as private properties' \ f deems it In the said circumstances, this Court, without going into the the subject 7 merits of the case, taking into consideration that properties ol the petitioner are the patta lands' appropriate to dispose of this writ petition permitting the petitioner to make a fresh online application seeking deletion of the subject properties from the list of prohibited properlies' On such application being frled, the respondents are directed to consider the same and delete the subject properties from the list of prohibited properties. If otherwise, the petitioner is not eligible for the same, the respondents shall pass a reasoned order and communicate the 4 CVBR, J wy, 17320 2023 ( same to the petil.ioner, within a period of eight (08) weeks, from the date of receipt of a copy of this order. g. With the iLbove observations, this Writ Petition is dis,,posed of. There shall be nc order as to costs. As a seqr:el, the miscellaneous petitions pendin6t,, if any, shall stand closr:d' //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANI' REGISTRAR l"r 5i! CTION OFFICER To 2 3 4 6 7 8 The Principal Secretary, Revenue Department, Secretariat, Stale of Telangana at HYderabad' The District Collector, Karimnagar District. Revenue Development Officer, Karimnagar District' Tahsildar, Chigurumamidi Mandol Karimnagar District. Sub-Registrar, Karimnagar (Rural), Thimmapur, Karimnagar District. i6e Oeputy Superintendent of Police, CID, GHR, Telangana St;rte, Hvderabad. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hvderabad lOUTl Two CCs to GP FOR HOME, High Court for the State of Telang ana at Hvderabad [OUT] g. One CC to SRI P.GlRl KRISHNA, Advocate [OPUC] 10. Two CD CoPies SA GJP I I ::i;;TF-, . a o^..\, .a ). t:t: . --, ..4 ( -' [ [Pl 2025 I 'l "1' .i' HIGH COURT DATED:0510212025 ORDER WP.No.17320 ot 2023 DISPOSING OF THE W.P WITHOUT COSTS. 09 e) @ K