Shaik lbrahim 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 by declaring the action of the Respondent No 4 in not mutating the name of the Petitioner in respect of land in Sy. No.,590/AJ1 to an extant of Ac.2-17 gts situated in Bhongir Town and Mandal, Yadadri Bhongir District and not entertaining any application for mutation on the ground that the subject land is being included in the Prohibited Properties List by virtue of the directions of the respondent Nos.2 and 3 directing the Respondent No.4 and 5 on the requisition of the Respondent No. 6 to incorporate the properties of the Petitioner in Sy. No. 590lAl1 to an extant of Ac. 2-17 gts situated in Bhongir Town and Mandal, Yadadri Bhongir District under the Prohibited list vide prc ceedings Memo No. G2154O12016, Endt. No. cl2413l2119, dt- 09-12-2019, Lr. No. ROR-|/1 14Ot2O1g, dt- 05-12-2019 and letter No. 314|SPL.Dll. RJA1t2019-'t, (tt- 06-1 1-2019 under the Prohibited list category U/Sec. 22-A('t)(e) of the Registration Act, 1908 without following due process of law is illegal, arbitrary and ,riolative of Article 14, 21, 300-A of Constitution of lndia, besides violative of principles, of Natural Justice and u n constitutional and consequently, direct the Respondr:nt No 4 to forthwith mutate the name of the Petitioner in respect of land in Sv. No. 590/A/1 to an extant of Ac. 2-17 gts situated in Bhongir Town and Man,lal, yadadri Bhongir District by deleting the subject land from the Prohibited list category tJtSec.22- A(1)(e) of the Registration Act, 1908, without reference to prrrceedings Memo No. G2154O12016, Endt. No. c12403/2019, dt- 09-12-2019, Lr. No. ROR-1/1 14Ot2O1g, dt- 05-12-2019 and letter No. 314/SPL.D ll. NA1t2}1g-1 , dt- 06-1 1-2019. lA NO: 1 OF 2025 Petition under Section 'l 51 CPC praying that in the cirr;urnstances stated in the affidavit filed in support of the pdtition, the High Court may be pleased pleased to direct the Respondent No 4 to forthwith mutate the name of the Petitioner in respect of land in Sy. No. SgOlAll to an extant of Ac. 2-17 gts situated in Bhongir Town and Mandal, Yadadri Bhongir District by deleting the subject land from the Prohibited list category U/Sec. 22-A(1)(c) of the Registration Act, 1908, without leference to proceedings Memo No. G2154012016, Endt. No. G1240312O19, dl- 09-12-2019, Lr. No. ROR-|/1 140/2019, dt- 05-.2-20.19 and letter No. 3'1 4/SPL.Dll. RlA112019-1, dt- 06-11-20i9, pending cisprosat of the Writ petition. Counsel for the Petitioner : SRI PARSA ANANTH NAGESWAR RAO Counsel forthe Respondents No.1to6: ASST. Gp FOR REVENUE Counsel for the Respondents No.7 : Gp FOR HOME The Court made the following: ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIONNo.19511 of2o25 ORDER: It is stated that the petitioner has purchased the agricultural land in Sy.No.590/A/ I to an extent of Ac.2.7T guntas situated in Bhongir Town and Mandal, yadadri Bhongiri District vide registered sale deed bearing document No.B6B/2O19 daLed 17.O1.2OI9. Ir is further stated thar soon after purchasing the said property, the petitioner made an application seeking mutation of his name in the revenue records and for consequential issuance of pattaadar passbooks under ROR Act, however, the respondents have not considered the said application for mutation anC consequential amendment of the records and issuance of pattadar passbook. Ilence, this writ petition.

2. Considered the submissions of learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for respondent and with their consent this writ petition is being disposed at the admission stage.

3. It is stated that the property purchased by the petitioner and other connected properties were purchased by gangster late Nayeem and thus, they are listed as prohibited properties vidc 2 wp rr5?lBr[;-{ Memo No.G2/S4Ol2Ot6, Endt. No.G/240312Ot9, dared 09.12.2019, Lr. No.ROR_I/tt4O/2019, dated 06. t 1.2O19 and thereby rcgistration of such lands was prohibired. It rs further slated by the learned counsel for the petitioner that the issues raised in this writ petition are squarely cov __rt.d under the common order dated 25.03.2022 passed by this Court in W.P.Nos.16787, 16963 and 1gg21 of 2021. Ihe said issues covered for consideration on the file of this Cortrt and allowed the said writ petitions by setting aside the l)r()ceedings for prohibition of registration of lands.

4. Since the impugned communication rn Lctter No. ROR/I/ ll4O/2019 dated 05.12.2019 issued by rht: respondent No.2 and Memo No.G2lS4O2l2Ot6 dated 09. t2.,2.OIg rssued by the respondent No.3 for prohibition of registration of the properties purchased by gangster late Nayeem .tnd associates was set aside vide common order dated 25.03.2022 passed by this Court in W.p.Nos. 16297, 16963 and 18g25 ot 2O2I, there is no power that h.,as been conferred either to he: 16gis16ping authorities or to the revenue authorities to withhold the application ol the petitioner. As per the v,:rsion of the petitioncr' the respondent No.2 without compriance of the provision under Section 22-A (ll (e) of the Rcgistr.ation Ac[ has 3 CVtsR. J wp l95l I 2025 no power to include the subject properties into the prohibitory list as there was no notification issued as contempt under the said provision. It is further case of the petitioner that since the subject land is a private land, without there being any order of attachment as per clause (e) of the Registration Act, the subject lands cannot be put under prohibited list. Further, in the absence of any restraining orders issued by the competent court for attachment of the property being crime properties, the respondents herein are not having power to withhold the application submitted by the petitioner lor mutation and for consequential issuance of pattadar passbook.

5. In view of the above facts and circumstances and also considering the common order dated 25.O3.2022 passed by this Court in W.P.Nos. 16787, 16963 and 18825 ot 2021, this Writ Petition is allowed and thereby the petitioner is permitted to make an appiopriate application before the appropriate forum under the provisions of Telangana Bhu Bharathi Record of Rights in Land) Act, 2025 and rules made therein. In event of petitioner making such application, the respondents shall consider such in accordance with the provisions of Telangana Bhu Bharathi Record of Rights in Land) Act, 2O2S and pass necessary orders rvithout being influenced by the property being ---.' 4 CVI]R, J Wp .1951 I 202s listed as prohibited property of gangster late Nayeem and duly taking into consideration of the observations made by this Court in order clared 25.03.2022 in W.p.Nos.16Zg7,1rr9t13 and 18825 ol 2021, within a period of eight (0g) weeks l_orn the date of receipt of copy of this order 6 With the above observations, this Writ petition is disposed of Therc shall be no order as to costs. As a sequel, the miscellaneous petitions pending, i[ any, shall stand closed //TRUE COPY// sD/- P. PONNA KRISHNA STANT REGISTRAR \: )' SECTION OFFICER To,

5. b.

7. o. o 10 l{4. "/ The Principal Secretary, Revenue Department Secretari;rt, State of Telangana, Hyderabad. The Special Chief Secretary to Government And Chief Commissioner of the Land Admlnistration, Telan6ana State, office at Nampall'7, Hyderabad. The Commissioner and lnspector General, Stamps and legistration, Mozamjahi Market, Herza Estate, Risala Abdulla Colony, Jam Bagh, Hyderabad, Telangana. The District Collector, Yadadri Bhongir-District. The District Registrar, Yadadri Bhongir District. The Sub- Registrar, Bhongir Yadadri Bhongir District. The lnspector General of Police, North Zone, HAC lGP, West Zone, l/C IGP (srr). One CC to SRI PARSA ANANTH NAGESWAR RAO, Aclvocate. [OPUC] Two CCs to GP FOR REVENUE, High Court for the Stale of Telangana. Two CD Copies. BSK HIGH COURT DATED:0810712025 ()$ I t t-: Sf,.l ,e '_) 03 SIP zffi \ o- -.. l,ilr-, ORDER WP.No.19511 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I U- rL, )