2024 Supreme(Online)(Tel) 28874
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
Smt. Zehra Mehdi – Appellant
Versus
The State of Telangana – Respondent
WP/8004/2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8004 of 2024
ORDER
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. With their consent, this writ petition is disposed of at the stage of admission itself.
2. This writ petition is filed seeking the following prayer: “to declare the the inaction of the respondents in implementing the Letter of the District Collector Ranga Reddy District vide Lr No. E1/2156/2023 dt 29.9.2023 as bad, illegal and contrary to statute and consequently direct the respondents to de-notify the petitioners land admeasuring Ac.3.28 gts in Sy.No.159, situated at Manchirevula village, Gandipet mandal, Ranga Reddy District, from the prohibitory list U/s 22-A of Registration Act 1908.”
3. Sri.H.Venu Gopal, learned Senior Counsel appearing for the petitioners submits that petitioners are the owners and possessors of the land admeasuring Ac.3.28 gts in Sy.No.159, situated at Manchirevula village, Gandipet Mandal, Ranga Reddy District, having inherited the same from their ancestors. The names of the petitioners and their predecessors-in-title were recorded in the revenue records and accordingly pattadar passbook were issued in favour of the petitioners and their names were also incorportated in Dharani Website. It is further submitted that the subject land was converted into non-agricultural land vide proceeding Nos.2300570181, 2300570174, 2300570168 dated
22.07.2023.
4. The main grievance of the petitioners is that inspite of the fact that subject land is a private land, the respondent authorities had included the petitioners’ land in prohibitory properties. Learned senior counsel has drawn attention of this Court to the letter of the Collector and District Magistrate bearing Lr.No.E1/2156/2023 dated 29.09.2023, wherein the following was stated:-
“Further it is reported that, on ground the land is kept vacant on ground and in the physical possession of the petitioners. The land is recorded as “Poramboke Sarkari” in the pahani for the years 1952-53 and 1953-54. Subsequently recorded as Inam/Patta i.e., recorded as patta from 1959-60 and succession was granted to present applicant, also issued pass books. The land is also converted to Non-Agriculture. As per Dharani, the land is not recorded in POB list. Since the land is recorded in IGRS website as Government land, but no included in the Preliminary Gazette published U/s 22-A (1) (A) in the year 2013. As per the details submitted above, the request of the petitioner for deletion of subject land from POB List in IGRS website may be considered.
In view of the above facts, it is recommended to de-
notification of the subject land i.e., in Sy.No.159, admeasuring Extent: Ac 3-28 gts situated at Machirevula Village, Gandipet Mandal, Ranga Reddy District from the prohibitory list U/s.22-A of Registration Act 1908.”
5. Learned senior counsel has also placed a copy of list of prohibitory properties in Manchirevula Village, Rajendranagar Mandal, Ranga Reddy District and submitted that the subject property is not included in the prohibitory list.
6. Learned senior counsel would further submit that though the subject land in not showing in the prohibitory list, the same is recorded in IGRS website and based on which the registering authorities are not entertaining the sale deed in respect of the subject property and inspite of the letter dated 29.09.2023, the respondent authorities are not de-notifying the subject land from the prohibitory list in IGRS website and pray this Court to direct the respondent authorities to de-notify the subject property from the prohibitory list.
7. Learned Assistant Government Pleader for Revenue has not disputed the same.
8. Recording the above submission made by learned counsel on either side and in view of the fact that the Collector and District Magistrate vide letter dated 29.06.2023, already had recommended the respondent No.2 to de-notify the subjec