Shahbaz Khan vs State Of Telangana
2021 Latest Caselaw 2188 Tel

           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:
                                       -2-




           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

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

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.16553 of 2021

Date:23.07.2021

Rds