Citation : 2025 Latest Caselaw 380 Tel
Judgement Date : 14 July, 2025
HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO.20134 OF 2025
ORDER:
Heard Mr. K.R.Sasidharan Nair, learned counsel for the
petitioners, Mr. L.Ravinder, learned Assistant Government Pleader for
Revenue appearing for respondent Nos.1, 3 & 4, learned Government
Pleader for Stamps and Registration appearing for respondent Nos.2
and 5, and Mr. Farhan Azam Khan, learned Standing Counsel for Wakf
Board appearing for respondent No.6.
2. Petitioners herein are claiming that they are the absolute owners
and possessors of agricultural land admeasuring Acs.2.11 guntas in
Sy.No.14, Ac.1.11 guntas in Sy.No.18.AA and Ac.0.18 guntas in
Sy.No.19/P, total admeasuring Acs.4.00 guntas, situated at Nandipally
village, Maheshwaram Mandal, Ranga Reddy District, on the strength
of registered sale deed bearing document No.21766/2006, dated
18.11.2006 and their names were also mutated in revenue records. In
proof of the same, they have filed copies of said sale deed, mutation
proceedings, pattadar pass books and pahanies.
3. It is the specific case of the petitioners that the said land was
included in the list of prohibited properties in terms of Section 22-A of
the Registration Act, 1908 basing upon the notification vide Gazette
No.7A, dated 16.02.1989 at Serial Number 3984. Therefore, petitioners
have submitted Online application Nos.2400016968, 2400016967,
24000016965 and 2400016966 to the 3rd respondent with a request to
delete the said land admeasuring Acs.2.11 guntas in Sy.No.14 from the
list of prohibited properties, however, the same was not considered.
Therefore, they have filed W.P.No.23845 of 2024.
4. Vide order dated 21.09.2025, this Court disposed of the said writ
petition directing the respondent authorities to dispose of the aforesaid
Online applications after giving a fair opportunity of hearing to all the
concerned parties including 6th respondent herein and also consider the
guidelines issued in Vinjamuri Rajagopal Chary v. State of Andhra
Pradesh 1 and M/s.Invecta Technologies Private Limited and others v.
Government of Andhra Pradesh and others 2. This Court also directed
the 3rd respondent to complete the said exercise within a period of two
months from the date of receipt of the said order. Even then, without
considering the aforesaid aspects and without considering the
principles laid down in the aforesaid two judgments, the 3rd respondent
had issued endorsement dated 10.06.2025 rejecting the claim of the
petitioners. Therefore, the impugned order dated 10.06.2025 of 3rd
respondent is in violation of the principles of natural justice and also the
2016 (1) ALT 550 (FB)
2024 (1) ALT 272
directions issued by this Court in the order dated 21.09.2024 in
W.P.No.23845 of 2024.
5. Mr. L.Ravinder, learned Assistant Government Pleader for
Revenue fairly submits that 3rd respondent did not consider the
aforesaid aspects and the directions issued by this Court in the order
dated 21.09.2024 in W.P.No.23845 of 2024.
6. Mr. Farhan Azam Khan, learned Standing Counsel for
respondent No.6 also submits that 3rd respondent did not afford an
opportunity of hearing to the 6th respondent.
7. In the light of said contentions, Writ Petition is disposed of at the
admission stage with the consent of all the parties.
8. Therefore, this Writ Petition is disposed of setting aside the
impugned endorsement dated 10.06.2025 of the 3rd respondent. The
matter is remanded back to the 3rd respondent with a direction to
consider the aforesaid contentions of the petitioners, documents filed by
them and also directions issued by this Court vide order dated
21.09.2024 in W.P.No.23845 of 2024. The 3rd respondent shall put the
petitioners and the 6th respondent on notice and afford an opportunity
of hearing and shall consider the principles laid down by the Hon'ble
Apex Court in the aforesaid judgments. However, he shall complete the
said exercise within a period of eight weeks from the date of receipt of a
copy of this order. There shall be no order as to costs.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
__________________________ JUSTICE K.LAKSHMAN Date: 14.07.2025 kkm
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