Petitioner seeking prohibition against registering specific non-agricultural land as prohibited properties filed to withdraw the writ petition with liberty for other remedies, which the High Court permitted.
Permission to withdraw the Writ Petition with liberty to avail appropriate remedies in accordance with law was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY
WRIT PETITION NO: 31401 OF 2023
Between:
M/s. Victory Alloy Steels Ltd., Hyderabad, Rep by its Director ; V.Mahindra, S/o. Sri V.V.Naidu, Aged about 54 !€ars, Occ ;Euslness, No.#1O2, Nulife Apartrnents, Opp; Chest Hospitat, Sanjeevareddy Nagar, Hyderabad - 38.
.....PETITIONER
AND
.....RESPONDENTS
Petition Under Anide 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewilh, the High Coort may be pleased to issue an appropriate Writ or Order or Dkection, more particularly in the nature of Writ of Prohibition. A. To declare that the provisions under the 'The Tel€ngana Rights lo Land and Pattedar Pass Book AcL 2O2O' do not apply to the extent of Acg-20 Gts land in Sy-No.831 at Medchal Village, Medchal Mandal, Medcha{-Malkajgiri District, Telangana, for the reason that; (i) The entire land under Sy.No.831 among others was declared as 'Residential Zone' by lhe town Governrnent of A.P. vide G.O.MS.382 M.A dated 2OlOgl20O4, hence they being non-agricullural lands, are not within the jurisdiction aftd ambit under Section.2(6) of The Telangana Rights to Land and Pattedar Pass Book Act, 2020, and (ii)The entire land under Sy.M.831 apart from being non-agricultural, has been already notified by the Registra(ions and Stamps Depar{ment, Governmenl of Telangana under the 'Prohibited Properties' list vide Section.22A of fhe Registration Act,
1
j I
1908 for the reason that lhe the schedule property of Ac 9-20 Gts, along with other lands of Pelitioner Company and its associates, was mortgaged to the Hyderabad Urban Development Authority (HUDA) vide Agreement and Deed of Mortgage Doc. No.22300/2006 dated 0811112006 as condition precedent for approval of'Residential Layout'. B. Consequentially to prohibit the Respondent No.1 District Collector from processing the below Applications to include the Applicants name:; as owner in the already 'Prohibited'properties in the'Dharani' online portal (i) The Application No.2300027403 of Respondent No.3 A. Usha Rani for an extent of land of Ac 4-1 Gts in Sy.No.831/A,/1/1 in Khata No.1706 at Medchal Village, tvledchal Mandal, MedchalMalkajgiri District, Telangana, and (ii)The Application No-2300027405 of Respondent No.4 A. Prasad for an extent of land of Ac 4-1 Gts in Sy.No.831/A/112 in Khala No.-1707 at Medchal Village, hredchal Mandal, Medchal-Malkajgiri District,relangana. |.A"NO:'f OF 2023
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to A. Restrain the Respondent No.1 District Collector from making any changes by way of editing the pages giving undue consideration to the following grievance Applications pertaining to Sy.No.831 of Medchal, Medchal Mandal, Medchal-Malka.jgiri District, in the Dharani online portal, that was already notified as Prohibited prope(ies, both in the Dharane portal as well in the records of the Registration and Stamps Department, Governmenl of Telangana (i) The Application No.2300027403 of Respondenl No.3 A. Usha Rani requesting the Respondent No.1 District Collector to exclude the land of Ac 4-1 Gts in Sy.No.831/A/1/1 in Khata No.1706 at Medchal Village, Medchal Mandal, MedchalMalkajgiri District, Telangana, and (ii)The Application No.2300027405 of Respondent No.4 A. Prasad requesting the Respondent No.1 District Collector to exclude the land of Ac 4-1 Gts in Sy.No.831/A,/1l2in Khala No.'I707 at Medchal Village, Medchal Mandal, Medchal-Malkajgiri District, Telangana.
Counsel for the Petitioners : SRI PREM KUMAR POTHINA
Counsel for the Respondent Nos.l & 2 i GP FOR REVENUE
Counsel for the Respondent Nos.3 & 4 : ---
The Court made the following ORDER
HON'BLE SRI JUSTICE C.V. BHASKARREDDY
WRIT PETITION No.312101 0f 2023
ORDER:
This Writ Petition is filedquestioning theaction of the respondents in not consideringthe application of respondent Nos.3 and 4 for deletion ofpropertiesfrom the prohibited properties register and recording the same inDharaniportal.
2- Learned counsel for the petitioner submitsthat while hling the writ petition, he has notmade the State as a party respondent to the writpetition.Therefore, heseeks permission of this Court to withdraw theWrit Petition with a liberty to avail appropriateremedies in accordance with law.
Miscellaneous applicationspending, if any, shall stand
closed.
t- SDTP 3sB+fffRET'EiRBT //TRUECOPYI/ SECNONSFHCER
To 1 Two CCsto GP For Revenue' High Court for the State of Telangana at Hyderabad- z to"uJct" sri Prem Kumar Pothina' Advocate [OPUCI 3.Two CD Copies
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HIGH COURT
DATED:1411112023
ORDER
WP.No.31401 ot 2023
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DISMISSING THE W.P
AS WTTHDRAWryWITHOUT COS.I.S.
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M/s. Victory Alloy Steels Ltd., Hyderabad
District Collector, Medchal-Malkajgiri District
Tahsildar, O/o Tahsildar, Medchal Tahsil
Smt A Usha Rani
A Prasad
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
