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N. V. SHRAVAN KUMAR
Afzal Hussain – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This application has been filed seeking to review the order dated 29.08.2023 passed in W.P. No. 18418 of 2020 by this Court on the ground that the learned Judge has traveled beyond the scope of the writ petition hence, there is an error apparent on the face of the record calling for review.
2. The learned Senior Counsel Sri E. Madan Mohan Rao appearing for the petitioners submitted that the petitioners holds more than Ac. 100.00 guntas of land in Sy. Nos. 32, 35, 42, to 46 70, 72 to 75, 78 to 80, 82 to 84 and 173 situated in Injapur village, Hayathnagar Mandal, Ranga Reddy District and their names have been recorded in the Revenue Records, including Dharani portal as owners and pattadars and they were already issued Occupancy Rights Certificate under the provisions of the Inams Abolition Act, vide Proceedings No. L/907/1986, dated.01.1989 to an extent of Acs. 90.00 guntas out of which, the subject matter of the writ petition relates to Acs. 24.29 guntas situated in Injapur village, which has been wrongly included under Section 22-A(1)(c) of the Registration Act, 1908, as per A.P. Gazette No. 6-A, dated 09.02.1989, which was already set aside in the case of B. Gowra Reddy v
The court ruled that the inclusion of petitioners' land in the prohibition register was erroneous and directed rectification based on prior judicial decisions.
The Gazette Notification No.6-A dated 09.02.1989 was declared invalid for non-compliance with the Wakf Act, 1954, allowing petitioners to register their properties.
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
The court ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
Court reinforced the principle that administrative refusals to register property must align with current legal standings, emphasizing adherence to principles of natural justice.
The court established that proper notifications and adherence to guidelines are essential for enforcing prohibitions on property registration under Section 22(A) of the Registration Act.
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