High Court · 2025

Judgment

4. 5 o The State of Telangana, Rep. by Principal Secretary, Revenue Department, Secretariat Building, Hyderabad The District Collector, lntegrated District Officers Complex, Ranga Reddy District, Kongara Kalan, lbrahimpatnam, Telangana - 50'1510. The Special Deputy Collector, Urban Land Ceiling Wing, Ranga Reddy Collectorate, Telangana State The lnspector General, Registration and Stamps Department, Mozamjahi Market, Herza Estate, Risala Abdullah Colony, Jam Bagh, Hyderabad, Telangana 5000956 The Sub-Registrar, Gandipet [\ilandal, Ranga Reddy District, Telangana The Tahsildar and Joint Sub-Registrar, Gandipet Mandal, Ranga Reddy District, Telangana. ..RESPONDENTS

Petition under Article 226 of lhe 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 a direction, particularly one in the nature of a writ of mandamus declaring the action of the Respondents in not considering the representation dated 1 5.1 0.2024 ol lhe Petitioner and not initiating, appropriate action pursuant to the representation dated '1 5.'10.2024 as illegal, arbitrary, and unconstitutional and consequently direct the Respondent Nos. 1 and 2 to issue appropriate proceed ings/o rders/Gazette Notifications effecting corrections to the proceedings dated 10.03.2006 issued by the Special Officer and Competent Authority Land Ceiling in view of the proceedings dated 24.05.2O14 issued by the Special Officer and Competent Authority Land Ceiling and further direct the Respondent Nos.4 to 6 to de-notify SY. No. 139 of Narsingi Village, Rajendra Nagar Nlandal, Ranga Reddy District from the prohibitory list in the Dharani portal and on the website of the Telangana Stamps and Registration Department lA NO: 1 OF 2024 Petition under Sectron 151 cPC praying that in the cir:umstances stated in the affidavit filed in support of the petition, the High Cout may be pleased to direct the Respondents to consider the representation date,d 15.10.2024 of the Petitioner Counsel for the Petitioner: SRl. AVTNASH DESAI SENTOR COUNSEL FOR SRI CHALLA APOORVA REDDY Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASNAR REDDY WRIT PETITION No.34O88 of2024 ORDER: This Writ Petrtion is filed under Article 226 ol the Constitution of India, seeking the following reliei '-..fo lssue a uit, order or a direction, particuLarlg one in the nature of a wit of mandamus declaring the actton of tle respondents in not considering the representotion dated 15.10.2024 of the petittoner and not inttiating appropriate action pursuant to the representqtion dated 15.10.2024 as itlegal, arbitrary dnd unconstttutionctL and consequentlg dtrect the respondent Nos.l and 2 to issue aPpropidte proceedings/ orders/ Gozette Notifi.cations effecting corrections to the proceedings doted 10.03.2006 issued bg the Special Officer and Competent AuthoitA Land CeiLtng in uteut of the proceedings doted 24.05.2014 Lssued bg the Speciat Officer and Competent Authonty Land Ceiling and further direct respondeftt Nos.4 to 6 to de nottfu Sg.No. 139 of Narsingi Vittage, Rajendra Nagar Mondal, RQngct Reddg Dtstict from the prohibitory list in the Dharani porlal and on the uebsite of the Telangana Stantps and Registrotion Department and pass..-"

2. Considere d the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner is the owner and possessor of agricultural land to an extent of Ac.1.12 gunLas in Sy.No.139 (Part) of Narsingi Village, Rajendra Nagar Mandal, Ranga Reddy District. It is further stated thal one Mr. P.V.Kutumba Rao and his family members have filed a declaration under Section 6 (1) of the Urban Land (Ceiling and Regulalion) Act, 1976 (for short, "the Act, 1976\ in respect of Sy.Nos.135, 737, 745, 146, 147, i i t. l! 1l '.&:.- . \ 148, 149, i59, i6O, 161 ol Narsingi Village, GanJipet Mandal and the said lands were computed under the prorrisions of the Act, 1976, and issued notification under Section 10(1) and lO(3) of the Act, 1976 and published the same in Gazett3. Thereafter. it is also stated that proceedings under Section 1U(S) ot the Act, 1976, daled 30.10.2006 and Sec[ion 10(6) of the Act, 1976, dated 23.12.2006 were issued by SO and CA and consequential thereto the possession of the land in Sy.Nos.135, 137, l4S, 146, 147, 148, 149, \59, 160, 161 to an extent of 2,77,775.2g Sq.meters hacl been taken by the enquiry officer on l2.O2.2OOg under cover of panchanama. It is further stated that earlier orders passed under Section 8 (a) of the Act, 1976, and issuanbe of linal notification under Section 9 of the Act. 1976 or the orders passed under Section l0(1) and 1O(3) of the Act, 1976, Sy.No.139 was not shown as subject matte r of the said declaration. It is the specific case of the petitio ner that the lands abutting to the declarant Mr. p.V.Kutumba Riro, rvere alscr notihed in the Gazatte, even though the said lzrnds do not belong to the declarant. Stating the said facts, the petitioner has submitted a representation on the hle of responde nt No.2 requesting to deietc the said lands from the list of prohibitcd properties maintained under Section 22-A of the Registration "'t?!f!ini!.: !-a..:.- r t i t ' : I I i , I Act, 1908 (for short, "the Act, 1908") and consequently, de- notify them in Dharani Portal.

4. Sri Avinash Desai, learned Senior Counsel appearing for the petitioner, vehemently contended that . respondent No.2- District Collector, Ranga Reddy District has acted on the representation, dated lO.Ol .2023 submitted by the petitioner and issued proceedings in letter No.J l08l2023, dated

17.O2.2025 wherein it is stated that the Government uide Memo No.76O2 /lLC(2) /2016-),, dated 27.O4.2O16 has entrusted the District Collectors for regrtlarization of the pending cases and pending balance work under the provisions of Urban Land Ceiling for early disposal. The orders would further reveal that after verification of the records from the website of thc Registration and Stamps Department, Government of Telangana, the subject lands were shown in column of prohibited properties in Rural Prohibited Register. The order further discloses that Sy.No. 139 is not attracted under the provisions of the Act, 7976 and the same has to be deleted from the list of prohibited properties. It is contended that even after i, issuing the proceedings by respondent No.2 on 17.O2.2O25, Lhe I respondents have not initiated any action for deletion of the subject land and de-notifying the same as per the provisions of the Registration Act..

5. Learned Assistant Government pleader for Assignment has not disputed the Proceedings issued by the resrondent No.2 in Letter No.J /0812023 and the Memo No.760 2 /tLC(2) /2016_1, dated 27.O4.2016 tssued by the Government.

6. In view of the above, as it is stated that thr: respondent No.2 has issued clarihcation vide 1etter No.J/O g l2O23, dated 17.O2.2O25 sceking deletion of an extent of Ac.1.12 guntas, in Sy.No. 139 from the list of prohibited properties and de_notifying the same as patta lancl, thc ends of justice would met if the respondents are directed to act upon the said letter datec{

17.O2.2025 lor deletion and de-notifying the subje:ct land and publish the same in the Gazette, within a period cf three (03) months from the date of receipt of a copy of this ordr:r. 7 With thc abor.e direction, this writ petition is c.isposed of. As a sequel, the miscellaneous petitions penCing, if any, shall star-rd closcd. No Costs SD/.P.CH. NAGABHUSHAMBA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, I T T he Principal Secretary, Revenue Depart .S.,Hyderabad ment, Secretariat Building, o n' "'-'.-"Y /' \I District, Kongara Kalan, lbrahimpatnam, Telanqana - 50i5i0. Collectorate, Telangana State

2. The District collector, lntegrated District officers comolex. Ranoa Reddv 3 The Special_Deputy Collector. Urban Land- Ceiting Wing, Ranga Reddy 4. The lnspector General, Registration and Stamps Department. Mozamiahi Market. He_rza_ _E_state, Ris,la Abdulah Coton!, Jam Bagh, Hydai;ti;J: Telangana 5000956 " District, Telangana. I J|" S1t!-Bpgistrar, Gandipet tritandat, Ranga Reddy District, Tetangana 6. The Tahsildar and Joint Sub-Registrar, -Gandipet T One CC to SRl. CHALLA AP_OO[V{REDDY, Advocate tOpUCl B. Two CCs to GP FOR ASSTGNMENT ,High iourt for the State bf Telangana 9. Two CD Copies ttltand'al, Raiga Reddy at Hyderabad [OUT] B M /BSK fl+- HIGH COURT ',! r) DATED:271021202Y , I f ( i, o

7._ i IHEsrr,' o o 2 [ JUt,l 2U5 i * .s_. S t' '. tr tr'- u' ORDER WP.No.34088 ot 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS QV b v1