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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR
Syed Jaffar Ahmed – Appellant
Versus
District Collector, Ranga Reddy – Respondent
| Table of Content |
|---|
| 1. petitioner argues against classification (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 2. court discusses land classification (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 3. writ petition allowed (Para 40) |
ORDER :
Facts giving rise to filing this writ petition briefly stated as under
3. While so, the petitioner, with an intention to sell the subject property, procured a prospective buyer and approached the 2nd respondent for enquiring about the registerability of the subject land and wherefrom he came to know that the subject land is included in prohibitory list under Section 22-A of the Registration Act, 1908 (hereinafter referred to as ‘the Act’) and therefore, he applied for de-notification of the subject land from the Section 22-A of the Act and his request for de-notification has been rejected by the 1st respondent vide impugned Endorsement dated 26.04.2019 on the File No.E5/531/2018. Assailing the same, the petitioner filed the present writ petition.
5. He would further submit that the entries recorded in the Khasra pahanie were continued up to 1955-58. Thereafter, in the pahanie for the year 1961-62
The classification of land under Section 22-A of the Registration Act must follow due process, and mere entries in revenue records do not confer ownership rights.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
The court ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
Point of Law : The Doctrine of audi alteram partem has three basic essentials, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be gran....
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 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,....
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
Notification under S.22-A(2) of the Registration Act essential for prohibiting registration of documents concerning government land.
Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.
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