Removal of land from a prohibitory list requires the submission of a formal application through the prescribed online module (TM-15/Bhu Bharati Portal), which the competent authority must decide within a stipulated timeframe after a fair hearing.

ORDER

: (ORAL)

1. This writ petition is filed seeking to declare the action of the respondent authorities in not considering the petitioner’s representation dated 29.05.2024 and several subsequent representations filed by her for removal of the land admeasuring Acs.2-20 guntas in Survey No.153/2/1 and Acs.5-32 guntas in Survey No.153/1 situated at Nagasanpally Village, Kotepally Mandal, Vikarabad District (for short ‘subject lands’), from the prohibitory list, as being illegal and unconstitutional.

2. It is submitted that the petitioner along with her relative Mr. K. Ravinder is the joint owner and possessor of the subject lands, having purchased the same under the registered sale deed. They have been in possession of the subject property since several years. The revenue records, including the Khasra Pahani, reflect the names of the vendors/predecessors-in-title, and subsequently, the petitioner’s name is also recorded as pattadar and possessor in respect of the subject lands. The subject lands are patta lands as borne out by the records. The Khasra Pahani, Sethwar and Pahanies reflect the names of the pattadars, and subsequently, the name of the petitioner is also recorded as pattadar in respect of the subject lands. The pattadar pass book and title deeds have been issued to the petitioner and previous landlords. While so, without any right, the respondent authorities have notified the lands of the petitioner in the prohibitory list. In fact, the Department of Registration and Stamps furnished information stating that reference to the subject lands as endowments entry is incorrect and that it ought to have been shown as Shikam lands.

3. Heard learned counsel for the petitioner, and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue, appearing for the respondent Nos.1 to 6 and 10; learned Government Pleader for Endowments appearing for respondent No.7 and the learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.8 and 9, and perused the material available on record.

4. Learned counsel for the petitioner submitted that the information furnished by the Department of Registration and Stamps is factually incorrect, as there is no lake or water body nearby or adjacent to the petitioner’s land within a radius of one kilometer. Thus, inclusion of the subject lands in the prohibitory list is illegal, and more so without notice to the petitioner. The petitioner approached the concerned revenue authorities through representation dated 29.05.2024 for restricting the entries relating to endowment to the extent mentioned in the Gazette Notification only and also for deleting the remaining extents.

5. Learned Assistant Government Pleader for Revenue submitted that the petitioner is required to submit application under TM-15 module, and as and when such application is filed, necessary action will be taken by respondent No.4, who is the competent authority.

6. In view of the above, without entering into the merits of the case, the writ petition is disposed of, directing the petitioner to submit online application, through Bhu Bharati Portal, under TM-15 module or any other appropriate module for deletion of the land admeasuring Acs.2-20 guntas in Survey No.153/2/1 and Acs.5-32 guntas in Survey No.153/1 situated at Nagasanpally Village, Kotepally Mandal, Vikarabad District, from the prohibitory list. As and when such application is filed, respondent No.4 shall dispose of the same within a period of sixty (60) days thereof, by issuing notice to the petitioner and other interested persons and by affording them an opportu