Administrative authorities cannot include properties in the prohibited list under Section 22-A Registration Act, 1908, ignoring earlier judicial orders that have attained finality, unless new material or fraud is detected.

ORDER:

Aggrieved by the action of the respondents in including the properties of the petitioners forming part of survey No.166 of Kokapet Village, erstwhile Hyderabad West Taluk and Hyderabad District, Rajendranagar Mandal, presently Gandipet Mandal, Ranga Reddy District, in the list of prohibited properties by recourse to Section 22-A of the Registration Act, 1908, and consequently to direct the respondent authorities to delete the subject properties from prohibited list of properties/prohibitory order book/digital records of the revenue registers and further to award damages and compensation for arbitrary and illegal exercise of power under Section 22-A of the Registration Act, 1908, the present writ petition is filed.

2) The case of the petitioners, in brief, is that originally one Mr.Abdul Gafoor S/o.Mohd. Hyder Ali was the absolute owner and possessor of several extents of land including the land in survey No.166 admeasuring Acs.41-32 guntas of Kokapet Village, erstwhile Hyderabad West Taluk and Hyderabad District, Rajendranagar Mandal, presently Gandipet Mandal, Ranga Reddy District, and his name is figured as pattedar and possessor in pahani patrika of the year 1953-54 including Khasra Pahani of the year 1954-55 as well as in subsequent pahani patrikas. He submitted an application under Sections 47 and 48 of Hyderabad Tenancy and Agricultural Lands Act, 1950, to the then Tahsildar, Hyderabad West, seeking permission to sell the land in favour of one Mrs.Mukundalal Rathi. Vide proceedings No.D.Dis/A3/ 10032/1964 dated 20.07.1964, permission was granted to Abdul Gaffoor and accordingly, he sold the land to an extent of Acs.22-17 guntas under registered sale deed No.387/1964 dated 10.08.1964. After the purchase, said Mukundalal Rathi got mutated her name in the revenue records. Thereafter, she sold the said land to Sri Inder Mohan Kapur under a registered sale deed No.221 of 1966 dated 15.03.1966 after obtaining permission from the then Tahsildar under Sections 47 and 48 of Hyderabad Tenancy and Agricultural Lands Act, 1950, vide proceedings in D.Dis.B3/5018/ 1965 and the name of Inder Mohan Kapur was also shown in the revenue records as pattedar.

2.1) Thereafter, said Inder Mohan Kapur has improved the land by digging borewells, constructed water tanks and got the land fenced by spending huge amounts and also developed the land in survey No.166/1/A by constructing poultry farm and carried poultry business in the said premises. After enactment of Andhra Pradesh Land Reforms (Ceiling on Agriculture Holdings) Act, 1973 (in short ‘Land Ceiling Act’), said Inder Mohan Kapur submitted declarations to Government showing the lands in Puppalguda Village and Kokapet Villages. After following due process under the Land Ceiling Act, the Land Reforms Tribunal, Hyderabad West, passed an order in C.C. No.1236/W/75 dated 07.02.1978 observing that Inder Mohan Kapur was in excess of standard holding of 0-2905 and was called upon to surrender the excess land held by him. Accordingly, Inder Mohan Kapur had surrendered the land admeasuring Acs.18-82 cents out of the land in survey No.290 and 292 (part) of Puppalguda Village, Rajender Nagar Mandal, and retained the other lands including the land in survey No.166/1/A of Kokapet Village. Subsequently, petitioner No.1 and one Ashok Kumar Gupta, being the partners of M/s.Parvathi Estates, have purchased the land admeasuring Acs.10-36 guntas in survey No.166/1 (166/1/A) from Inder Mohan Kapur through registered sale deed No.2116/1982 dated 20.03.1982 and the name of M/s.Parwati Estates was mutated in the revenue records and pattadar passbooks were also issued by the Tahsildar after conducting due enquiry and by following due procedure contemplated under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 .

2.2) Further, after dissolution of the partnership Firm i.e. M/s.Parvathi Estates, petitioner No.1 and the other partner Ashok Kumar Gupta got Acs.5-18 guntas of land each towards thei