Telangana High Court
Dodla Sarada vs The State Of Telangana on 14 October, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Appeal No.1168 of 2024
JUDGMENT:
(Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Vadeendra Joshi, learned counsel for the appellant.
Mr. Muralidhar Reddy Katram, learned Government
Pleader for Revenue Department appears for the respondents.
2. With consent of learned counsel for the parties, the
matter is heard finally.
3. This intra court appeal is directed against order
dated 03.06.2024, passed by a learned Single Judge in
W.P.No.19808 of 2023, by which the writ petition preferred by
the appellant has been disposed of with liberty to the appellant
to approach the competent civil court for declaration of title.
4. Facts giving rise to filing of this appeal briefly stated are
that the appellant claims to be the owner and in possession of
land bearing plot No.11 admeasuring 1000 square yards in
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survey Nos.321/18/AA, 321/18/EE and 321/18 situated at
Kadthal Village, Maisigandi Gram Panchayat, Amangal Mandal,
Mahaboobnagar District (for short 'the subject property') on
the basis of a registered sale deed dated 15.07.2015. The
aforesaid land was developed into house plots after getting
conversion from the Revenue Divisional Officer,
Mahaboobnagar Division and the appellant purchased one of
the open plots. However, the land bearing Survey No.321 was
classified as 'lavani patta' and was kept under prohibited list
under Section 22-A of the Registration Act, 1908 (for short
'the Act').
5. The appellant thereupon submitted a representation
seeking release of the land from the prohibitory list under
Section 22-A of the Act. However, the representation
submitted by the appellant failed to evoke any response.
Thereupon, the appellant filed the aforesaid writ petition. The
learned Single Judge, by the impugned order dated 03.06.2024,
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inter alia held that the appellant has disputed the nature of land
and is also claiming title on the basis of a registered sale deed.
Therefore, the appellant was granted the liberty to approach
the competent civil court and thereafter, to submit a
representation. In the aforesaid factual background, this appeal
has been filed.
6. Learned counsel for the appellant submitted that the
learned Single Judge ought to have appreciated that the
appellant had a statutory remedy under Section 22-A(4) of the
Act and the learned Single Judge ought to have directed the
respondents to consider and decide the representation in view
of mandate contained in Section 22-A(4) of the Act.
7. Learned Government Pleader fairly submitted that the
representation submitted by the appellant deserves to be dealt
with in accordance with law under Section 22-A(4) of the Act.
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8. We have considered the rival submissions made on both
sides and have perused the record.
9. Section 22-A(4) of the Act is extract below for the facility
of reference:
"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 Andhra
Pradesh or Supreme Court of India may proceed
to denotify, either in full or in part, the
notification issued under sub-section (2)."
10. Thus, the appellant has the statutory remedy under the
Act. Therefore, the State Government is directed to decide
the representation submitted by the petitioner by a speaking
order within a period of two months from the date of receipt
of a copy of the order passed today without being influenced
by any of the observations made in the order passed by the
learned Single Judge .
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11. It is made clear that this Court has not expressed any
opinion on the merits of the matter and the grievance of the
appellant has to be redressed by the State Government.
12. To the aforesaid extent, order dated 03.06.2024, passed
by the learned Single Judge in W.P.No.19808 of 2023, is
modified.
13. Accordingly, the appeal is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
__________________
ALOK ARADHE, CJ
___________________
J.SREENIVAS RAO, J
Date: 14.10.2024
LUR
