Disputed questions of fact regarding the classification of land as private or government property under Section 22-A of the Registration Act should be adjudicated by the designated administrative grievance redressal committee rather than through writ jurisdiction under Article 226 of the Constitution.

COMMON ORDER

W.P.No.18872 of 2019:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the proceedings of the District Collector vide Proceedings No.E1/2561/2018, dated 06.07.2019, as illegal, arbitrary, unlawful and in violation of principles of natural justice and consequently to set aside the same and further direct the respondent No.2 to delete the Plot Nos.45, 46 and 48 in Sy.No.274/1 at Quthbullapur Village and Mandal, Medchal-Malkajgiri District, from the prohibited list of properties under Section 22-A of the Registration Act and to pass such other order or orders.

2. Brief facts leading to the filing of the present writ petition as per the contentions of the petitioner are that one Dharamsingh was the pattedar of a total extent of Ac.6.07 gts., of land in Survey No.274 of Quthbullapur Village and Mandal, Medchal Taluka of Hyderabad District from the year 1964 onwards and subsequently, the said land has been purchased by individuals and also by a society by name Bhagyalaxmi Cooperative Housing Society and their names were mutated in the revenue records. It is submitted that several houses were constructed by the members of the Bhagyalaxmi Cooperative Housing Society by obtaining permissions and approvals from the municipal authorities and taxes have also been collected thereon. The petitioner also claims to have obtained permission from the Gram Panchayat, Quthbullapur and to have made the construction on the said property and that the petitioner allotted with H.No.35-335 in respect of Plot No.46 (open land) vide receipt dated 27.09.1983 and 15.09.1983 and construction permission was also granted for Plot No.48 on 16.04.1982 and property taxes have been paid from then onwards and receipts were given for the same. Subsequently, after upgradation of Quthbullapur Municipality, new house numbers were given as H.No.35-1-C and 35-1-E and power connection was also taken for the said house properties. It is also submitted that the revenue authorities themselves have collected NALA tax as per the receipt issued by the MRO, Quthbullapur Mandal on 14.08.2003 for the Plot No.46 and the petitioner also availed loan from Vysya bank by mortgaging the property vide Doc.No.12729/2007 and got the same released upon repayment. It is submitted that the said property was also leased out to State Bank of India and structures are existing on the property. It is submitted that the entire society land was used for construction and establishment of a residential colony and the colony is named as Kalavathi Nagar. It is submitted that in Plot No.46, church was constructed unauthorizedly by Hosanna Mandir by the respondent No.9 and that respondents No.5 to 9 have been squatting on the property and are preventing the petitioner from removal of the illegal constructions and converting the building into church without any permission and sanctions. It is submitted that the said persons have filed Writ Petitions and even the petitioner’s daughter also filed a Writ Petition before this Court and also a Contempt Case for non-implementation of the orders of the High Court. It is submitted that in order to prevent the petitioners from enjoying their property and in order to grab the property, it was got included in the prohibited list under Section 22-A of the Registration Act by stating that it is a Government land and that the petitioner cannot enjoy the same o