N. V. SHRAVAN KUMAR
Sabia Sultana – Appellant
Versus
State of Telangana – Respondent
ORDER:
Heard the learned Senior Counsel Sri Vedula Venkataraman appearing for the petitioners and the learned Assistant Government Pleader for the respondents and perused the material made available on the record. With the consent of both the parties, this writ petition is being disposed of at the threshold.
2. This writ petition has been filed seeking a writ of mandamus declaring that the subject land admeasuring Acs.9.36 guntas in Sy.No.51 of Gandhamguda village, Gandipet Mandal, Ranga Reddy District, which was earlier included in the list of prohibited properties under Section 22-A of the Registration Act, cannot be continued/construed as hit by Section 22-A of the Registration Act in view of the judgment of the Special Tribunal in ST/D1/B/915/2018/2021, dated 10.12.2021 and the mutation granted in favour of the petitioners in terms of the entries contained in the Dharani webportal and consequently delete the subject land from the list of prohibitory properties under Section 22-A of the Registration Act for the reasons that there is no Gazette publication of the subject lands under Section 22-A of the Registration Act and direct the 5th respondent, Tahsildar, to entertain and regi
The court ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
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 established that proper notifications and adherence to guidelines are essential for enforcing prohibitions on property registration under Section 22(A) of the Registration Act.
The Sub-Registrar must register documents presented for registration unless legally prohibited, following the Registration Act's provisions.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
The constitutionality of Section 22A of the Registration Act, 1908 was upheld, establishing that legislative provisions to prevent fraudulent transfers are valid and necessary for public policy prote....
The court ruled that a notification inviting objections does not constitute a valid basis for refusing property registration under the Registration Act, emphasizing compliance with statutory provisio....
Unilateral cancellation of registered sale deeds without compliance to legal procedures and principles of natural justice is invalid.
The court ruled that the inclusion of petitioners' land in the prohibition register was erroneous and directed rectification based on prior judicial decisions.
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