HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.16553 of 2021
Date:23.07.2021
Between:
Shahbaz Khan S/o.late Mohd. Basheeruddin Khan,
Aged about 29 yrs, Occu : Business,
R/o.H.No.19-3-262/2/4/B, Madina Colony,
Jahanuma, Hyderabad
.....Petitioner
And
State of Telangana,
Rep., by Principal Secretary,
Revenue (Stamps & Registration) Department,
Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.16553 of 2021
ORDER :
This writ petition is filed seeking the following relief : "....writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent in refusing to register the documents presented by the petitioner in respect of land bearing sy.no.57/part admeasuring Ac. 4-02 Gts., sy.no.78/2 admeasuring Ac. 2-00 Gts., sy.no.78/3 admeasuring Ac.2-00 Gts., sy.no.78/4 admeasuring Ac.2-00 Gts., sy.no.78/7 admeasuring Ac.2-00 Gts., & sy.no.78/8 admeasuring Ac.2-00 Gts., situated at Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District, on the ground of issuance of the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequently direct the respondents 2 and 3 to register and release the documents presented by the petitioner in respect of subject land without reference to the Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District, and to pass such other order or orders..."
2. Heard Sri Mohd. Moin Ahmed Quadri, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
3. Petitioner claims to have purchased different extents of land in Sy.No.57/part and 78 with sub-divisions of Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District. Petitioner seeks to alienate a portion of the above land. With that intention when he went before the Sub-Registrar, the Sub-Registrar refused to furnish the details on the ground that the subject land is included in the list of prohibited properties. The refusal appears to be on the ground that the District Gazette notification was issued on 26.09.2013. According to learned counsel for petitioner this Gazette notification was set aside by this Court and several writ -3- petitions are allowed. The petitioner is praying to grant similar relief as granted in other writ petitions.
4. In view of the judgment rendered by this Court in W.P.No.19069 of 2014 holding that the Gazette notification dated 26.09.2013 is not valid in law it is no more open to registering authority to reject deeds of conveyance referring to the said Gazette notification. Holding so, several other writ petitions are disposed of.
5. However, learned Assistant Government Pleader points out that as can be seen from the extract of Gazette notification, the land in issue was resumed long ago by the Government and a part of the land was allotted to Road Transport Corporation, vide proceedings of the District Collector dated 01.08.2007 and on the said allotment the litigation is pending before this Court. He therefore, submits that even otherwise the land cannot be alienated.
6. Though the notification dated 26.09.2013, per se is not valid, as can be seen from the entries, it appears, the land was already resumed by following the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977). That being so, it becomes a Government land and such land cannot be alienated by private persons.
7. If petitioner contends that it is not a Government land, that the land owned by petitioner is not part of the land resumed by the Government and therefore, there is no restraint on alienation, it is open to him to submit application to the District Collector under Circular No.1 of 2021 dated 15.01.2021 with supporting -4- documents, requesting the District Collector to exclude the property claimed by him, as owned by him, from the list of prohibited properties.
8. If such application is filed through Dharani web portal, the District Collector shall consider the same and take appropriate decision as warranted by law, and communicate the same to the petitioner within a period of Ten (10) weeks from the date of submission of such application.
9. With the above observations, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 23rd July, 2021 Rds -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16553 of 2021 Date:23.07.2021 Rds