HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.5142 of 2025

ORDER:

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

“….to issue a Writ of Mandamus or any other appropriate writ declaring that the inaction of the 2^nd and 3^rd respondents in not acting upon and passing orders on MeeSeva application bearing No.2400006647 dated 03/05/2024 and further in not considering the representation dated 18/11/2024 which is illegal and arbitrary and consequently direct the Respondent Nos.2 and 3 to act upon and to pass orders on the application No.2400006647 dated 03/05/2024 made through Mee-Seva and further direct to consider the representation dated 18/11/2024 of the petitioner which is in violation of the basic tenets of Laws.…”

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

3. The petitioner claims to be the owner and possessor of land admeasuring Acs.5-00 guntas in Sy.No.101/e/2 and Acs.5-00 guntas in Sy.No.101/e/3 situated at Ankusam Village, Bellampally Mandal, Mancherial District, having purchased the same under registered sale deeds bearing document Nos.13 and 16 of 1998, dated 16.01.1998 respectively, and the revenue authorities have mutated her name in the revenue records and also issued pattadar passbooks with Khata No.286 and Passbook No.T15010020092 in her favour. It is the case of the petitioner that when the said property was listed in prohibited properties list under the provisions of the Registration Act, 1908, she submitted an application through Mee-seva bearing No.2400006647, dated 03.05.2024 and also a representation, dated 18.11.2024 duly enclosing the documents seeking to delete from the prohibited list of property. The grievance of the petitioner is that even after receiving the said application, no action has been taken by the respondents.

4. Learned counsel for the petitioner submitted that as the subject lands are not in the list of prohibitory properties, the Sub-Registrar has entertained the sale deeds, and consequently issued the pattadar passbooks in favour of the petitioner, and at no point of time, the revenue authorities have objected sale deeds stating that the said lands are assigned lands and the same are prohibited for alienation. It is further submitted that in the absence of conducting enquiry or issuing notice to the petitioner, the respondents are not having any power or authority to list the subject lands of the petitioner in the list of prohibited properties. 5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed about the purchase of the subject lands by the petitioner under registered sale deed and consequential issuance of pattadar passbooks in her favour. It is further submitted that the Sub- section (4) of Section 22-A of the Registration Act, 1908 (for short “the Act”) confers the power on the State Government either suo motu or on an application by any person or for giving effect to the final orders of the High Court of Telangana or Supreme Court of India to proceed to de-notify, either in full or in part, the notification issued under sub section (2) and the Rules made under the provisions of the Act.

6. It is settled law that as per Section 5 of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, (for short ‘Act’), the assigned lands are prohibited for transfer, and if any such transfer is being affected by the Sub-Registrar, he is liable for imprisonment of six months. A presumption has been drawn that once registered sale deed is executed, the nature of the lands is not assigned lands and it is patta lands, and more particularly in the absence of conducting any enquiry under the provisions of the Act, the respondents are not having any power or authority to notify the subject lands in the prohibitory list of properties, and however, the said issues required to be decided after calling for record