High Court · 2025
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Mr.AzizMohiuddin,S/o.lateMd.GhouseMohiuddin,lndian,Age4about.5T yu"o, - Oci.Arsin".t, R/o.H. No.5-9-1045/1 , Hyderguda, Gunfoundry' Nampally, Hyderabad ...PETITIONER AND Department), Secretariat Buildings, Hyderabad '1 . The State of Telangana, Rep. by its Principal Secretary (Revenue 2. The District Collector, Suryapet District. 3. The Revenue Divisional Offider. Suryapet, Suryapet District. 4. The Tahasildar, Noothankal Mandal, Noothankal, Suryapet District ...RESPONDENTS 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 any appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering Petitioners representation dated.27 to212020 and also online Application vide its Transaction lD No.31 58350000'10858, dated.15/06/2024 wilh its Receipt.No.TG3967213 for deleting Petitioner's property in Sy.No.275l er/'t to an extent of Ac.1 7-00 gts., which is part and parcel of total extent of Ac.50-00 gts., in Sy.No.275, situated at Miryala village' Nuthankal Mandal, Suryapet District from the prohibited properties list, because the reason covered by court stay vide o.s.No.36/201 1 dated.23tO4t2014 on the file of District Judge, Nalgonda is disposed and there is No Stay but the Respondents paid deaf ear to my representation and online application, which is illegal, null, void and arbitrary and consequenfly direct the Respondents to delete my property in sy-No.275l er/1 to an extent of Ac.17-00 gts., which is part and parcel of total extent of Ac.50-00 : gts ' in sy No i T5' sitrrated at Miryara virage, Nuthankar A4andar {iuryapet District from prohibited orol) lrties list IA NO i1 oF 202s Petition trnrJe. llecfion .151 CpC praying that in the r:ircumsttnces stated in the affidavit fired in sr:pport of the petition, the High ccurt rnay be preased to direct the Responde r,1s to delete the property of petitione. in Sv l.,lo 27Sl el1 to an extent of Ac' 1 ;z-i) r gts , which is part and parcer of t,tar exte rt of Ac.50-00 gts'' in sy No 27',5. s trated at Miryara virage. Nuthankar Mirndal, {irrryapet District from the prohib ted t roperties list forth.with pending disp,1ss1 of the above writ petition Counsel for the petilioner: Ms. M. SARITHA Counsel for the l?es6rordents: AGp FOR ASSIGNMENT The Court made the tc,llowing: bRDER HON'BLE SRI WSTICE C.V. BHASKAR REDDY \IIRIT PETITI ON No.1 7432 of2025 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Acs' 17'00 guntas in Sy.No.275/er/1, situated at Miryala Village' Nuthankal Mandal, Suryapet District, having acquired the same by way of succession from his fotefathers uide proceedings No.Bl2O7 112, d.ated 05'05'2012' It is further stated that when disputes arose over the subject property' O'S'No'36 of 2Oll was filed and pending adjudication of the said suit beforetheDistrictJudge,Nalgonda,thepartiestothesuit have entered into a compromise ald the said suit was disposed of in terms of the compromise memo' dated
30.12.2OLg, the resPondents 3o.|2.2olg.Itisfurtherstatedthat,evenafterthesuit being decided maintaining the status of subject land in the list of prohibited properties' It is further stated that as on date' as there is no suit pending over the subject lands claimed by the petitioner, he made a representation/ application' j I 2 CIER, J \\'p 17432 2025 dated 15.(,(;.2024 seeking to delete the subject land from the lisr. ,:rf : r-ohibited properties to enable hinr r c receive ir r:cntives sanctioned by the (iove rnn rent AS rnvestmenr srrbsidies for cultivation of the said lan 1. The grievan:e <;f the petitioner is that, even aJter recerF,t of the said ap,plir:z:,.ion, the respondents did no1 ccnsi,ler the sarne.
2. Con'iri:red the srlbmissions made b,r the learned counsel fr.rr t ee parties and with their consen: th is writ petition is b,:irrg disposed of at the admission stage
3. Sri L Re:.,inder, learned Assistant Government I leader for Assi5Jnmerrt appearing for the responde,nts tr:Ls not disputed t hr: [as1 that the properties are listt:d r n the prohibiteC prrr rerties list on the ground that ,.:ivil suits are pending. Loirrned Assistant Government pleader trirs not disputed tha .he petitioner has also made a.r a1>plir:ation under the pr()./ sions of the Telalgarra Bhu Bharar.i (R_-cord of Rights in t;rnd) Act, 2O2S (for short "Act I r>f n2S,) /. 3 CVBR, J Wp 17432 2025 seeking for deletion/de-notify the subject property from the list of prohibited properties. +. Sub-section (4) of Section 22-A of the Registration Act, l9O8 confers the power on the State Government either suo moht or on an application by any person or for giving effect to the final orders of the High Court of Telangana or Supreme Court of India to proceed to de- notify, either in full or irr part, the notification issued under sub-section (2) and the Rules made under the provisions of the Registration Act, 19O8.
5. In view of the above submissions and since thb petitioner has already submitted the application under the provisions of the Act I of 2025, this Court is of the opinion that the ends of justice would be met if the respondents are directed to examine the appiication, if any, submitted by the petitioner under the provisions of the Act 1 of 2O25 and if the said application complies with atl the requirements of tlre Act 7 of 2025, shall pass appropriate orders for delbtio-n/de-notify the subject property from the list of t I 4 CVBR, J lvp 17432 2OZ5 'i prohrbitr tl properties. In any event, if there etre z my claims over the subject propert5z either by the G<.rvernnr(:nt or arly third par ti.:s, the respondents are directed tc o(,nduct arr enqurn, zL:d pass a reasoned ordei arld comml.uricate the reaso 1s I h::reon. The entire exercise shall te ( ompleted r.r,'ithin a :eriod of three (03) months fi.om thr: date of receipt rrf zL copy of this order.
6. l,Vitl r.he above observations, this Writ l),:tition is -- drsposecl ll'. There shall be no order as to ccsts;. a 7 . As z) sreeu€l, the miscellaneous petitions pe nding, if ar:y, slra [l srand closed. To //TRUE COPY// SD/-K. SREE R,qMA MURTHY \ DEPUr'/ REGTSTRAR SEC.I'ION OFFICER -- \ ,j T.S.,HyderabaC. 1 Ih_e Princip,3 Secretary (Revenue Department), Segrela riat Buildings, 2. The Distrir;t (l( I €rctor, Suryapet District. 3. The Revenur: )i,risional Officer, Suryapet, Suryapet Di:;tric:. 4. The T_attas;rlcla , irloothankal Mandal, Noothankal, Suryitpet Dr:ll.ict. 5 One CC tc' t/s I.1. SARITHA, Advocate IOPUCI 6. Two CCs to ClF, FOR ASSIGNMENT,High Court for the Stete < f Telangana at f* Two CD Copie; Hyderabad [OtJTl B IVI BS t I 4(ETro HIGH COURl' DATED:24106t2025 I I ( '4 s ri s \s J 40lH * .c x ..t- ORDER WP.No.17432 af 2025 DISPOSING CIF'THE WRIT PETITION WITHOUT COSTS *