The High Court · 2025
Case Details
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 or any other appropriate Writ, Order, in the nature of a Writ of lVlandamus, to 1. Declare the impugned proceedings dated 23.09.2016 and 24.03.2019 issued by the 2nd respondent and Memo No. G2tS4O2l2O16, dated 09.12.2019, issued by the 4.h Respondent, and 0S.12.2019 which directs i i i l I -lt the Sth Respondent not to register any documents concerning land in Survey No. 724, Bhongt Town and Mandal, Yadadri District, as illegal, arbitrary, and beyond the jurisdiction of the authorities involved. 2. Set aside the inclusion of the Petitioners property, admeasuring 17 acres and 12 guntas, in the prohibitory list under Section 22-A of the Registration Act, in light of the established principles of natural justice and previous orders of this Honble Court. 3,. Direct the 7th Respondent, the Tahsildar and Registering Authority, to accept, register, issue patta passbooks, and release the documents submitted by the petitioners for their agricultural land, admeasuring 17 acres and i 2 guntas, including the 1 acre which was sold to Petitioner No. 2, in Survey No. 724, Bhongk Town and Mandal, Yadadri District, pending the disposal of this writ. 4. suspend the communication made by Respondent No. 3 through Letter No. RoR-r/1 140/2019 dated 05.12.2019, pending the resolution of the above writ. 5. Direct Respondent No. 7, the Tahsildar, to issue a fresh patta passbook in accordance with the introduction of the Dharani module, thereby facilitating the petitioners right to enjoyment and alienation of their rightfut ownership. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to gysgeld or remove the prohibition placed by the impugned proceedings dated 23.09.2016 and 24.03.2019 issued by the 2nd Respondent, along with the impugned comrnunicalion via lvlemo No. G21s402t20'l 6 dated 09.12.2019 and the impugned communication dated os.12.20i g concerning the subject lands in survey No. 724. This suspension will enable the petitioners to alienate the agricultural land. The Petitioners further request that the court may be pleased to Counsel for the Petitioner: SRI MOHAMMAD tMTtyAZ pASHA Counsel forthe Respondent No.1 & 2: Gp FOR HOME Counsel for the Respondent No.3: ASST. Gp FOR LAND ACQU|SITION Counsel for the Respondent No.4 to 7: ASST. Gp FOR STAMpS & REGISTRATION The Court made the following: ORDER I I I n THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28647 of 2o24 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 and 2; learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent No.3 and iearned Assistant Government Pleader for Stamps and Registrations appearing lor respondent Nos.4 to 7. With their consent, this writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking the following prayer:- "to declare the inaction of the Respondent No.2 in issuing impugned proceedings dated 23.09.2016 and 24.03.2019 and Memo No.G2/ 5402/2016 dated 09.12.2019 issued bg respondent No.4 and 05.12.2019 which directs respondent No.S not to register anA documents concerning land in 59.No.724, Bhongir town ctnd mandal, Yadadi District as illegal and arbitrary and beAond the jurtsdiction of the authorities inuolued. (ii) set aside the inclusion of the petitioners' propertg admeasuing Ac.17-12 gts., in the prohibitory list under Section 22(A) of the Registration Act, 1908, in the light of the established prtnciples of natural justice; (iii) direct respondent No.7, the Tahsildar and Registeing Authoity to accept, register, issue patta passbooks and release the documents submitted bg the petitioners for their agricultural land, admeasuing Ac. 17-12 gts., including Ac. 1-00 gts., uthich utas sold to petitioner No.2 in 59.No.724, Bhongir totun and mandal, Yadadrt Distict, pending disposal of the writ petition; (iu) 2 I b;''o:g". the docume s pr ""d' ;;;;":;r1.1 'J'dl't'orJt"',)tnln S_uspend the commut r nrou s h Lr. N o. RoR-rl ni':LTy', bv respond.ent No. 3 1u/ 2u t 9 dated o5. t 2.20 1 g ;; receiuing adm.Ac.s.3o.qrs rn sr. :::1""": i ";;;"i,;ff,';*o,rX'o adm. Ac.i6.te s^ts in sg "..i"ii i"r!,",i;'jt ^T!^'and -'*."'' t1t '42'uv qLs, situated at lurepally Vittage, Bt Districr ""or"r"i"'. Mandal, viaaarr en igii ii,o. t t t <l i;b;z"i:o Resistered sate a."a u""ini tn" nespo,li:";;;:; ,1:'o1.'2oo7 ott the sround that a"ka 'os'ii'';;;;" ::':y:!' " lt1eryo No'ciz+ost zo i i l:?,!.:!*,"",":;.",#ZZX.f "l:i::,i,,,:*^::jril '-7;:!;'k:!",f#ffy,es.orGinssi,"u,,)il^ddin@ Bcp i,ir"itt,iiu,"il.rrer issued in c.No re6/cdmX 2.o1.9 issu.d bg the Respondent'i..i," o."ir^3::0-9 t1!" is iltesat, arbitrary and ".onirory t" ri" o'i"Jii:t^ section 22_A of Resist-ration ect. t sioa ,;;;;;z:;:"ns .oJ ';;":;:;J:i:ii;{; j:;:;::i:E:::#::::i:::xi; ' "'' respect of the obor. said agncultural tora".li learned counsel
3. Today when the matter has been taken up for hearing, for the petitioners submitted that in similar cfcumstances this Court in W.p.No.167gZ of 2O2l and batch dated 25.03.2022, haspassed the following order: . re a s o n s, ":!"",,2*;i.,r.I - )!"?,;, i:: Le t! e r r, i ii {_ii, j 12 ' y:; : s : ji a t t the s e urit ;E ; ;i i g" ;:,:;"#: i ;" ;t?i : c y i y si " t "\2-i,," 1 ".' #' * ; Respondenr /vo'5 is d.irectect * presented. bl ;;'r:;;;.:::ster the documents to be ,::f :.,,*,iJ".'li,'u,;ZT#,i:,:::";{::;"::,:i: ""'i'J'i';":^1?:?" I I 1- J 4, Learned counsel for the petitioners further prayed this Court to pass similar order as passed in W'P'No'16787 of 2O2l and batch d,ated 25'O3'2022'
5. Learned Assistant Government Pleader for Stamps and Registration appearing for respondents has fairly acceded to the same.
6. Recording the above submission made by learned counsel on either side, and in terms of order passed by this Court in W.P.No.16787 of 2021 and batch dated 25'03'2022' this Writ Petition is allowed and impugned proceedings dated 23'09'2016 and 24.03.2019 issued by respondent No'2 i'e'' Inspector of Police, SHO, Bhongir Town, Yadadri Bhuvanagiri District are hereby set aside. Registering Authority is directed to receive the subject document presented by the petitioners and without reference to the Memo No'Gl2aO3l2019 dated 09'12'2019 shall pass appropriate orders, as expeditiously as possible' preferably' within a period of three (03) weeks from the date of receipt of copy of this order, subject to the petitioners complying with the provisions of the Indian Registration Act' 1908' and Indian Stamps Act, 1899. It is made clear that mere registration of the subject document does not confer title on the subject property I I 4 I and it is also made clear that this order would not have aly bearing on ali those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any .other case, this order aiso does not preclude the parties in asserting their rights before a competent Court of law.
7. With the above directions, this Writ Petition is allowed. Misceilaneous applications, if any pending, shall stand ciosed. No order as to costs. SD/-A.V.S. PRASAD ASSISTANT REGISTRAR /ffRUE COPY// $ECTION OFFICER
1. The Principal Secretary, Revenue Department (Slamps and Registration), The State of Telangana, Secretariat Hyderabad, Telangtna.
2. The lnspector of P5lice, Police Station House, Bhongir Tovl/n, Yadadri Bhuvanagiri District, Telangana. s. ihe Speiial Chief Secretail to Government, and Chief Commissioner of Land Administration (FAC), Telangana, Hyderabad.
4. The Commissioner dnd lnspector General of Stamps, And Registrations, Office of Commissioner and lnspector General of Stamps and Registration, Hvderabad.
5. The District Registrar, Nalgonda, Telangana. 6. The Sub-Regis[rar, Bhongir, Yadadri Bhuvanagiri District, Telangana. 7. The Tahsildar and Registering authority, Bhongir, Telangana.- ^- 8. One CC to SRI MOHAMMADIMTIYAZ PASHA, Advocate IOPUC] 9. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUTI 10.Two CCs to GP FOR LAND ACOUISITION, High Court for the State of \ To,
11.Two iCs to Gp FOR STAMPS & REGISTRATION, High Court for the state Telangana. [OUT] of Telangana. [OUT]
12.Two CD Copies BN BS \, HIGH COURT DATED:2810112025 I I ORDER WP.No.28647 of 2024 S I rq, t '-t€ r$ V* * 1 tl rr3 ?025 i o,-t Fir.-rCS ALLOWING THE WRIT PETITION WITHOUT COSTS