Telangana High Court
Jalna Abdul Khavi Qureshi vs The State Of Telangana on 5 February, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.3153 of 2025
ORDER:
Heard learned counsel for the petitioner and Learned Assistant
Government Pleader for Stamps and Registrations appearing for respondent
Nos.1 to 4. With their consent, the writ petition is being taken up for disposal
at the admission stage itself.
2. This writ petition has been filed seeking the following prayer:-
"to declare the inaction of the respondent No.3 in taking action of the
representation of the petitioner dated 06.11.2024 to denotify/delete the
property of the petitioners i.e., H.No.6-5-95 and 6-5-96 (PTIN Nos.
1180600058 & 1180600059) consisting of Ground floor & First Floor
admeasuring 125.00 Sq.yards or equivalent to 104.5 Sq.meters,
situated at New Bhoiguda, Secunderabad, T.G., from the list of
prohibited properties under section 22-A of the Registration Act as
illegal, arbitrary and unconstitutional and consequently to direct the
respondent No.4 to receive, register and release the Release deed
presented by the petitioner in respect of H.No.6-5-95 and 6-5-96 (PTIN
Nos. 1180600058 & 1180600059) consisting of Ground floor & First
Floor admeasuring 125.00 Sq.yards or equivalent to 104.5 Sq.meters,
situated at New Bhoiguda, Secunderabad, T.G."
3. Brief facts of this writ petition are that petitioner claims that originally
his grand father was the owner and possessor of H.No.6-5-95 and 6-5-96 (PTIN
Nos. 1180600058 & 1180600059) consisting of Ground floor & First Floor
admeasuring 125.00 Sq.yards or equivalent to 104.5 Sq.meters, situated at New
Bhoiguda, Secunderabad, Telangana, having acquired the same vide registered
sale deed bearing document No.936 of 1971 dated 01.07.1971. It is further
submitted that after demise of petitioner's grand father, petitioner's father
became the owner of the subject property and after his death, petitioner along
with his mother and sister filed O.S.No.46 of 2023 seeking to declare the
plaintiffs therein as legal heirs. The XIX Additional Senior Civil Judge, City
Civil Court, Secunderabad vide Judgement dated 21.03.2024 in O.S.No.46 of
2023, declared the plaintiffs therein as the legal heirs. Basing on the aforesaid
order, petitioner along with his mother and sister claims to be the owners and
peaceful possessors of the subject property.
4. Learned counsel for the petitioner submits that the petitioner mother
and sister with an intention to release their share, executed release deed in
favour of the petitioner and approached respondent No.4 for registration.
However, respondent No.4 refused to register the same on the ground that the
H.No.6-5-95, situated at New Bhoiguda, Secunderabad, Telangana is included
in the prohibitory properties list and in the remarks column it is mentioned as
as Government Land notified vide Gazette No.F/736/2008 dated 08.04.2008.
5. Learned counsel for the petitioner further has drawn attention of this
Court to the the Common Judgment dated 19.10.2023 passed by the Hon'ble
Division Bench of this Court in Writ Petition Nos.28300 of 2007 and batch,
relevant paragraphs are extracted hereunder:-
29. It was further held that sub-section (4) of Section 22A of the Act
provides a remedy to an aggrieved party to approach the State
Government for deletion of his property from the notification. It has
further been held that if any such application is made, the competent
authority has to afford an opportunity of hearing and an opportunity
to produce materials/documents in support of such a claim. The
claim made by an aggrieved person has to be dealt with by a
speaking order. It has further been held that in case such an
application is made under Section 22A(4) of the Act, the same has to
be decided within a period of three months. It has also been held that
the mechanism provided under Section 22A(4) of the Act shall not
preclude the parties to file any other appropriate proceeding,
including civil suit, for similar or appropriate relief.
Learned counsel further submitted that basing on the aforesaid order,
petitioner on 06.11.2024, made detail representation and requested respondent
authority to delete the H.No.6-5-95 situated at New Bhoiguda, Secunderabad
from the prohibited properties list, and consequently requested to receive,
register and release the Release deed presented in respect of the subject
property and the said representation is still pending for consideration.
Aggrieved by same, this writ petition is filed.
6. Upon perusal of the material, it is noticed that the Release deed is not
executed in terms of Section 32 and 34 of the Registration Act, 1908, moreover,
the petitioner had not made the executors of the subject document as party to
this writ petition. Hence, this Court is of the opinion that the prayer sought for
registration of document which is not executed in terms of Section 32 and 34 of
the Registration Act, 1908 cannot be considered.
7. At this stage, learned counsel for the petitioner restricts his prayer
seeking a direction to respondent authorities to dispose the petitioner's
representation dated 06.11.2024, only to an extent of deleting the H.No.6-5-95
situated at New Bhoiguda, Secunderabad from the prohibited properties list
and pray this Court to direct the respondent authorities to pass orders in a
time bound period.
8. Learned Assistant Government Pleader appearing for respondents did
not dispute the same and submits that the respondent authorities may be
directed to dispose of the petitioner's representation dated 06.11.2024 only to
an extent of deleting the H.No.6-5-95 situated at New Bhoiguda,
Secunderabad, from the prohibited properties list and pass appropriate orders
in accordance with law.
9. In view of the submission made by learned counsel appearing on either
side and without expressing any opinion on the merits of the case, this writ
petition is disposed of directing the respondent authorities to consider the
petitioner's representation dated 06.11.2024 only to the extent of deleting the
H.No.6-5-95 situated at New Bhoiguda, Secunderabad from the prohibited
properties list in terms of Common Judgment dated 19.10.2023 passed in Writ
Petition Nos.28300 of 2007 and batch and shall pass appropriate orders strictly
in accordance with law, as expeditiously as possible, preferably within a
period of three (03) weeks from the date of receipt of copy of this order and
communicate the same to the petitioner. It is made clear that this Court had
not expressed any opinion on the merits of the case to the extent of inclusion
of the subject property in the prohibitory properties list and as far as the
registration of the Release deed, the same is not executed in terms of Section
32 and 34 of the Registration Act, 1908.
10. Accordingly this writ petition is disposed of. Miscellaneous
applications, if any pending, shall stand closed. No order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 05.02.2025
SU
