R.V.Ramana Rao v. 1. The State of Telangana

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 pleased to issue a writ order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in re-clas'siffing the lands in Sy.No.358/4/LU1/2 admeasuring Ac.1.14 gts, situated at Pregnapur village' Gajwel mandal, Siddipet district as Government land without conducting any enquiry by issuing notice to the petitioner before re-classifyng the patta land into Government land and its inclusion in prohibited list of properties, and not issuing Digital Pattadar pass books in favour of the petitioner, despite of submission of online application No.2400046834 dated 25.06.2024 requesting for deletion of subject property from the list of prohibited properties and issue of Digital pattadar pass books and title deeds, as illegal, arbitrary, violative of Adicle 300-4 of the Constitution of lndia, consequently direct the respondents to restore the patta in favour of the petitioner, in respect of afore said property by deleting the subject I property from the list of 'Prohibited properties and issue of Digital pattadar pass books in favour of the petitioner IA NO: 1 OF 2,024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the online application No.2400046834 dated 25.06.2:.024 submitted by the petitioner for deletion of the lands in Sy.No.358l4lLU112 admeasuring Ac.1.14 gts, situated at Pregnapur village, Gajwel mandal, Siddipet district for issue of Digital pattadar pass books in respect of larrd in Sy.No.358l4lLU112 admeasuring Ac.1.14 gts, situated at Pregnapur vill;ege, Gajwel mandal, Siddipet district, by deleting the afore said property from the list of prohibited properties pending disposal of the above writ petition Counsel for the Petitioner: SRl. A PRABHAKAR RAO Gounsel for th,e Respondents: SRI L. RAVINDER, AGP FOR REVENUE The Court madle the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.29832 of 2ol24 ORDER: This Writ Petition is hled with the following prayer:- "to issue a writ, order or direction particularly one in the nature of Writ of Mandamrr"'d..l.ring the action of the respondents in reclassifying the land in Sy.No. 35814/LUl/2 admeasuring Ac.1.14 guntas situated at Pregnapur Village, Gajwel Mandal, Siddipet District as Government land without conducting any enquiry by issuing notice to the petitioner before reclassifying the patta land into Government land and its inclusion in prohibited list of properties. And not issuing digital pattadar passbook in favour of the petitioner, despite of submission of online application No.2400046834, dated 2.06.2024 requesting for deletion of subject property from the list of prohibited properties and issue of digital pattadar passbook and title deed, as illegal, arbitrar5r, violative of Article 30OA of the Constitution of India, consequently direct the respondents to restore the patta in favour of the petitioner in respect of afore said property by deleting the subject property from the list of Prohibited properties and issue of Digital pattadar pass books in favour of the petitioner and to pass..."

2. Heard Sri A.Prabhakar Rao, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with i I 2 ) EVV, J Wp_29832 _202a their consent, this writ Petition is being taken up for disposal at the admission stage.

3. l-earned counsel for the petitioner wouid submit that the petitiorrer is the owner and possessor of the land admeasuring Ac.1.1.1 guntas in Sy.No.358l4.LlJl/2, situated at pregnapur Village, Gajwel Mandal, Siddipet District, having purchased the same through registered sale de.eds bearing document Nos.42g9 of 200Ii, dated 19.o9.2oo3 and 454s of 2003, dated 08. 10.2003. Learne,l counsel for the petitiorrer would further submit that the name c,f the petitioner was mutated in the revenue records and he was also issued pattadar passbook and title deed bearing No.937l uide patta No.986. It is further stated that recently, when the petitioner verified the revenue records more particu:.arly Dharani Portal, it came to his knowledge that the nature ,rf land has been shown as prohibited property. Learned counsel for the petitioner would further submit that, before notifying the land of the petitioner as prohibited propertS/, no notice vras issued nor any enquiry was conducted as such, the petitionr:r made online application bearing No.2400046834, dated 2;.06.2024 for deletion of the subject propergr from the list of prohibited properties and for mutation and. consequential i 3 EW,J \Yp_29832 _2024 issuance of the pattadar pass book and even after receiving the said appiication, the respondents did not consider the same.

4. Sub-section (-4) r-rf Section 22-A of the Registration Act, 1908 confers the power on the State Government either suo motu 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 in part, the notification issued under sub-Section (2).

5. .Having considered the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and since it is the specific case of the petitioner that an application bearing No.2400046954, dated

25.06.2024 made by the petitioner for deletion of the subject property from the list of prohibited properties and for mutation and consequential issuance of the pattadar pass book is pending before the respondents, this Court deems it appropriate to dispose of this writ petition directing respondent No.2 to examine the said application strictly in accordance with the provisions of the Registration Act, 1908 and duly taking into consideration of the pattadar pass book issued in favour of the vendor of the petitioner pass appropriate orders in accordance I I 4 EV]/, J Wp_29832 _2024 with leLu, as expeditiously as possible, preferably, within a period of thrr:e (03) months from the date of receipt of a copy of this order.

6. \Mith the above observations, this Writ Petition is disposed of. Thr:re shall be no order as to costs.

7. Uliscellaneous petitions, if any pending in this Writ Petition, shall stand closed. : SD/.L. VIJAYA LAXMI STANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Prirrcipal Secretary, Revenue Department, Secretariat , T.S.,at Hyderabad.

2. The District Collector Siddipet, Siddipet district. 3. The Re'uenueDivisional Officer, Gajwel division, Siddipet district. 4. The Tahsildar, Gajwel, Siddipet district. 5. One CC; to SRI. A. pRRBHAKAR RAO, Advocate [OPUC] 6. Two CC;s to GP FOR REVENUE ,High Court for the State of Telangana at .: Hyderabad [OUT]

7. Two C[t Copies BM BS HIGH COURT DATED i2611112025 ORDER WP.No.29832 of 2024 e 3 0g ttB 202[ * 5;:7r.ro L,. J: * ISPOSING OF THE WRIT PETITION WITHOUT COSTS