Telangana High Court
Khaja Rafi Ahmed vs The State Of Telangana, on 28 April, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.12884 of 2025
ORDER:
It is stated that the petitioner's father by nameKhaja
Farooq Ahmed and his brother, Shabbir Ahmed have jointly
purchased the land admeasuring Acs.08.0080 guntas in
Sy.No.36, situated at Chowlapalle Village (West), Farooq Nagar
Mandal, Ranga Reddy District, through registered sale deed
bearing document No.917 of 1979, dated 16.07.1979. It is
further stated that the petitioner and his brother have
purchased the share of said Shabbir Ahmed i.e., Acs.4.0040
guntas through registered sale deed bearing document No.2665
of 1996, dated 19.08.1996. It is further stated that after the
death of the petitioner's father, his share was devolved upon the
petitioner and his brother and pattadar passbooks were issued
in their favour vide passbook Nos.T05060200150 and
T05060200149, respectively. It is further stated that, a suit for
partition came to be filed vide O.S.No.33 of 2008 on the file of
the VII Additional District Judge, Mahabubnagar and a
preliminary decree was passed on 19.02.2013. It is further
stated that, aggrieved by the preliminary decree, an appeal vide
A.S.No.256 of 2013 came to be filed and the plaintiffs had filed
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Cross Appeal. After contest, the said appeal was allowed setting
aside the judgment and decree and further, the Cross Appeal
was dismissed. The grievance of the petitioner is that even after
the appeal was allowed, the subject property, which is alleged to
have been listed in the list of prohibited properties pending
adjudication of the suit as well as the first appeal has not been
deleted from the list of prohibited properties to enable him to
enjoy the absolute rights over the subject property.
2. Considered the submissions made by the learned counsel
for the parties and with their consent, this writ petition is being
disposed of at the admission stage.
3. Learned counsel for the petitioner has submitted that as
per the Standing Order 219 (b) of the Registration Manual Part-
II, the revenue authorities are bound to entertain change of the
entries in the revenue records as per the procedure prescribed
under the provisions of the Telangana Rights in Land and
Pattadar Passbooks Act, 2020 (for short "the Act 9 of 2020") and
the Rules made thereunder. In the absence of any restraint
orders issued by the competent civil Court, the Sub-Registrar or
the revenue authorities are not competent to refuse any
document submitted for registration.
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4. Learned Assistant Government Pleader has submitted
that sub-Section (4) of 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) and the Rules
made under the provisions of the Act.
5. In view of the above submissions and on verification of
the record, it is found that, after dismissal of A.S.No.256 of
2013, the litigation arising over the suit schedule property had
attained finality and he made an application, dated 07.03.2025
seeking for deletion of the subject property from the list of
prohibited properties. Therefore, this Court deems it
appropriate to dispose of this writ petition directing the
respondent authorities to examine the claim of the petitioner
strictly in accordance with sub-Section 4 of Section 22-A of the
Registration Act, 1908 and if the petitioner complies with all the
requirements for deletion of the subject property from the list of
prohibited properties, consider his case and if the petitioner
does not satisfy with the requirements, the respondent
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authorities shall pass a reasoned order and communicate the
same to the petitioner. The entire exercise shall be completed
within a period of three (03) months from the date of receipt of a
copy of this order.
6. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
28.04.2025
gkv
