HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.31500 of 2022

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring impugned proceeding in letter No.E3/103532/2021 dated 14.6.2022 keeping the subject land in Sy.No.298 admeasuring Ac.2.26 gts situated at B.Madharam Village, Suryapet Mandal and District as illegal, arbitrary and unconstitutional consequently to set aside the proceeding No.E3/103532/2021 dated 14/6/2022 of respondent No.2 keeping the subject land in Sy.No.298 admeasuring keeping the subject land in Sy.No.298 admeasuring Ac.2.26 gts situated at B.Madharam Village, Suryapet Mandal and District in the prohibition list.…”

2. Considered the submissions of the learned counsel for the parties and perused the record.

3. It is stated that petitioner No.2 is the owner of the land to an extent of Ac.16.08 guntas in Sy.No.298 situated at B.Madharam Village, Suryapet Mandal and District, having acquired the same by way of succession. It is further stated that petitioner No.2, along with his family members have executed a registered sale deed bearing document No.15931 of 2021, dated 10.11.2021 in favour of petitioner No.1 in respect of the land to an extent of Ac.2.26 guntas in Sy.No.298/EE/5 situated at B.Madharam Village, Suryapet Mandal and District. The case of the petitioners is that when third parties are interfering with their possession, they have instituted O.S.No.2 of 2022 on the file of the Additional District Judge, Suryapet and the same is pending for adjudication. It is further case of the petitioners that acting on the letter, dated 31.05.2022 issued by respondent No.4-the Tahsildar, Suryapet, and report dated 04.06.2022 submitted by respondent No.3-the Revenue Divisional Officer, Suryapet, respondent No.2-the District Collector, issued impugned proceedings in letter No.E3/1035-32/2021, dated 14.06.2022 directing respondent No.5-the Sub-Registrar, Suryapet, to list land to an extent of Ac.2.26 guntas in Sy.No.298/EE/5 in prohibited properties list and not to entertain any sale transactions. 4. Learned counsel for the petitioners vehemently contended that before listing the said lands in the list of prohibited properties, respondent No.2 has neither issued notice to the petitioners nor preceeded by any enquiry, therefore, the action on the part of the respondent No.2 in listing the subject property in the list of prohibited properties under Section 22-A of the Registration Act, 1908, (for short ‘Act, 1908’) amounts to violation of principles of natural justice.

5. Sri A. Prabhakar Rao, learned counsel for appearing for the unofficial respondents vehemently contended that the petitioners are not having any piece of land and the extent of land possessed by them has been disposed of in favour of the third parties, and by creating fictitious documents, the petitioners are submitting applications for registration in respect of the subject property. Learned counsel further submitted that respondent No.2 has issued impugned proceedings in letter No.E3/1035-32/2021, dated 14.06.2022 after calling report from the Tahsildar and the Revenue Divisional Officer for listing the property to an extent of Ac.2.26 guntas in Sy.No.298 in the prohibitory list, and the procedure adopted by respondent No.2 is in conformity with the provisions of the Act, 1908 and the Rules made thereunder, and there is no illegality or legal infirmities warranting interference of the orders passed by respondent No.2.

6. A careful examination of the proceedings dated 14.06.2022 issued by respondent No.2 would reveal that no notice whatsoever has been issued to the petitioners before listing the said property in the prohibitory list and there are no adverse orders prohibiting the subject property for registration or for transfer of the said property in terms of the Standing O