Telangana High Court
Chekkilla Ravinder vs The State Of Telangana on 7 February, 2025
HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITON No.3565 OF 2025
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking the
following relief:
"...to issue a Writ or direction more particularly one in the nature of Writ
of Mandamus declaring the action of the respondents in not considering the
Dharani application No 2400019289 dated 20092024 to delete the
petitioners land from the prohibited list in respect land in Sy No 159/A/1 to
an extent of Ac 3 12 Gts Situated at Dilawarpur Village Motakondur
Mandal Yadadri Bhuvangiri District as illegal as illegal arbitrary
unconstitutional and consequently direct the respondents to delete the
above mentioned property from prohibited list by considering the Dharai
Application of the Petitioner and pass..."
2. It is stated that the petitioner is the owner and possessor of the
land admeasuring Acs.3-12 guntas in Survey No.159/A/1, situated at
Dilawarpur Village, Motakondur Mandal, Yadadri Bhuvanagiri
District, having purchased the same under registered sale deed
bearing document No.11801 of 2012 dated 31.12.2012. It is stated that
the name of the petitioner was recorded in the revenue records and in
Dharani Portal as pattedar and possessor and he was also issued
pattadar pass book No.1064560 with Patta No.347 in respect of the
subject land. It is further stated that subsequently, the subject land
was listed in the prohibitory list of properties under the provisions of
the Registration Act, 1908 (for short 'Act'). It is stated that a suit in
O.S. No.236 of 2013 was filed by Ms. K. Eshwaramma on the file of
the learned Junior Civil Judge, Alair (for short 'trial Court') disputing
the nature and enjoyment of the petitioner over the subject land and
the same was decreed by judgment and decree dated 11.12.2023. It is
the case of the petitioner that the suit schedule property in
O.S. No.236 of 2013 and the property purchased by the petitioner are
different and distinct and even after passing of the said decree, there
was interference with the possession of the petitioner in respect of the
subject land. As such, the petitioner was constrained to file
O.S. No.239 of 2013 on the file of trial Court. It is stated that in view
of the disputes between the inter se parties with regard to the
identification and localisation of the subject land, the respondent
authorities included the subject land in the prohibitory list of
properties.
3. It is further stated that the petitioner submitted Dharani
application No.2400019289 dated 20.09.2024 duly enclosing all the
documents seeking to delete the subject land from the prohibitory list
of properties. The grievance of the petitioner is that even after receipt
of the said application, there is inordinate delay on the part of the
respondent authorities in disposing of the same, as such, he is
constrained to file this writ petition.
4. The Sub-section (4) of Section 22-A of the Act 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 since it is stated that the
petitioner has already made application No.2400019289 dated
20.09.2024 for deletion of the subject land from the prohibitory list of
properties, this Court deems it appropriate to dispose of this writ
petition directing respondent No.2 - the District Collector, Yadadri-
Bhuvanagiri District, to examine the said application strictly in
accordance with the provisions of the Act by duly taking into
consideration the documents enclosed and pass appropriate orders in
accordance with law and communicate the same to petitioner within
a period of eight (8) weeks from the date of receipt of a copy of this
order.
As a sequel thereto, miscellaneous applications, if any, pending
in this writ petition, stand closed.
_________________________
C. V. BHASKAR REDDY, J
February 7, 2025
RRK/MS
