Telangana High Court
Mohd Vasem vs The State Of Telangana on 5 March, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.6620 of 2025
ORDER:
This writ petition is filed seeking following relief:
"For the reasons stated in the accompanying affidavit, it is therefore
prayed that this Hon'ble Court may be pleased to issue an appropriate
writ, order or directions more particularly one in the nature of Writ of
Mandamus, declaring the action of the respondents more particularly
the respondent No.2 to 4 in not deleting the petitioner's agricultural
lands in Sy.413/అ, admsg., Ac.2-03 guntas, Sy.No.415/ఆ admsg.,
Ac.3-22 guntas and Sy.No.427/అ admsg.. Ac.3-17 guntas, situated at
Cholapally Village, Farooqnagar Mandal, RR Dist., TG, from Prohibitory
Properties List-2, since the date of uploading of Dharani Online
Application vide transaction ID No.313169000010835, dated 01-08-
2023, to till this date, even though no stay is in force in any case more
particularly Case No.D1/96/2009 and File No.D1/5168/2009 on the
file of the respondent No.2 and OS No.33 of 2008 on the file of 7th
Addl., District Judge at Mahabubnagar and AS No.256 of 2013 on the
file of the Hon'ble High Court for the State of Telangana at Hyderabad,
TG, in respect of the said agricultural lands as highly illegal, arbitrary
and contrary to the provisions of the Telangana Rights in Land and
Pattadar Pass Books Act, 2020 (Act 9, 2020) and violation of Articles of
Constitution of India and consequently direct the respondents No.2 to 4
to delete the petitioner's above mentioned agricultural lands from
Prohibitory Properties List-2 forthwith and to pass such other order or
orders in the interest of justice."
2. It is stated that the petitioner is the owner and pattadar
of agricultural lands admeasuring to an extent of Acs. 2.03 guntas in
Survey No.413/అ, Acs. 3.22 guntas in Survey No.415/ఆ, and Acs.
3.17 guntas in Survey No.427/అ, situated at Cholapally Village,
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Farooqnagar Mandal, Ranga Reddy District (for short, 'the subject
land') having purchased the same under registered Sale Deed vide
Document No.1932 of 2007 dated 27.01.2007. It is further stated
that the revenue authorities mutated the name of the petitioner in
the revenue records as per the provisions of the Telangana Rights in
Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act,
1971'). It is further stated that the subject land of the petitioner and
other lands situated within the limits of Chowlapally Village of
Farooqnagar Mandal are the subject matter of the appeal in Case
No.B/ROR/1364/2008 which was allowed by the Revenue Divisional
Officer, Mahabubnagar, vide order dated 25.06.2009, directing the
4th respondent to implement the name of the appellant therein in
revenue records in Form No.1 and other village records duly carrying
necessary amendments in Form No.1 ROR and issue pattadar
passbooks and title deeds in the name of the appellant therein in
respect of the land in Survey Nos.412, 413, 427, 415 and 438 and
report compliance. It is further stated that aggrieved by the order
dated 25.06.2009 in Case No.B/ROR/1364/2008, Sri Syed Abdul
Hakeem, who is 1st respondent therein, has preferred a revision case
No.D1/96/2009 and File No.D1/5168/2009 and the vendor of the
petitioner and two others have preferred a revision case
No.D1/92/2009 and File No.D1/5164/2009 under Section 9 of the
ROR Act, 1971 and the Joint Collector, Mahabubnagar allowed the
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said two revision cases vide orders dated 11.05.2012 by setting aside
the order dated 25.06.2009 passed in Case No.B/ROR/1364/2008
and advised the respondents in case No.D1/92/2009 and File
No.D1/5164/2009 to approach the civil Court seeking redressal in
the matter and the respondents in case No.D1/96/2009 and File
No.D1/5168/2009 to put forth their claims in the main suit in
O.S.No.33 of 2008 pending before the learned VII Additional District
Judge at Mahabubnagar for adjudication. As per the orders dated
11.05.2012 of the Joint Collector, 4th respondent has issued
proceedings No.B/2676/2012 dated 13.09.2012 by ordering to
restore the names of the original parties in respect of Survey
Nos.412, 413, 415, 427, 438 available prior to passing of the order
dated 25.06.2009 and the petitioner, being the purchaser of part of
the lands in the said survey numbers, his name was entered in the
revenue records in respect of the subject land as pattadar and he
was issued pattadar passbook No.T05060200324 Khata No.549
dated 20.04.2018. It is further submitted that prior to filing of the
two revisions and appeal, the revision petitioner in Case
No.D1/96/2009 and two others have already filed a suit vide
O.S.No.33 of 2008 for partition and separate possession of the suit
schedule properties and the said suit was preliminarily decreed vide
judgment and decree dated 19.02.2013 passed by learned VII
Additional District Judge, Mahabubnagar. Aggrieved by the
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preliminary decree dated 19.02.2013 in O.S.No.33 of 2008,
defendant No.7 in O.S.No.33 of 2008 has preferred a first appeal in
A.S.No.256 of 2013 and others have filed Cross Objections
(SR).No.7003 of 2013 before this Court and this Court allowed the
said appeal suit vide judgment dated 25.04.2023 by setting aside the
judgment and decree dated 19.02.2023 in O.S.No.33 of 2008 and
dismissed the Cross Objections (SR).No.7003 of 2013. Aggrieved by
the said order, respondent No.1 and others in A.S.No.256 of 2013
have preferred S.L.P(C).No.25194-25195 of 2023 before the Hon'ble
Supreme Court and the same is pending and no stay was granted in
the said S.L.P. The grievance of the petitioner is that even after the
litigation attaining finality, the subject lands have been included in
the list of prohibited properties-2 maintained under the provisions of
Registration Act, 1908 since 03.07.2019 and even though the
petitioner has made online application in Dharani Portal vide
Transaction ID No.313169000010835 dated 01.08.2023 for deletion
of the subject land from the list of prohibited properties-2 and
denotifying the same and consequential issuance of the pattadar
passbook, the respondents are not considering the same. Hence, the
present writ petition is filed.
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3. Considered the submissions made by the learned
counsel for the parties and with their consent this writ petition is
disposed of at the admission stage.
4. Learned counsel for the petitioner contended that since
the litigation has attained finality, the respondents have to delete the
subject land of the petitioner from the list of prohibited properties-2.
5. The 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 Rules made under the provisions
of the Registration Act, 1908. In the instant case, since it is the
specific case of the petitioner that he has made an application in
Dharani Portal vide Transaction ID No.313169000010835 dated
01.08.2023 for deletion of the subject land from the list of prohibited
properties-2, this Court deems it appropriate to dispose of the writ
petition directing the respondents to examine the said application
strictly in accordance with the provisions of the Registration Act,
1908 and taking into consideration of the pattadar passbook issued
earlier under the provisions of ROR Act, 1971 and pass appropriate
orders in accordance with law. In any event, if the petitioner fails to
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satisfy any of the requirements, respondents are directed to pass a
reasoned order and communicate the same to the petitioner within a
period of eight (08) weeks from the date of receipt of a copy of this
order.
6. With the above observations, the Writ Petition is
disposed of. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
____________________________
C.V.BHASKAR REDDY, J
Date: 05.03.2025
Note: Issue C.C. in three days.
(B/o.)
KL
