Disposed

Baddam Mohan Reddy v. The State of Telangana

Telangana HC5 Feb 2025WP/17320/2023

Case brief

AI extract

What is this about?

Petitioner sought removal of his patta lands from the prohibited properties list maintained by revenue authorities. The court held that authorities have no power to notify patta lands as prohibited properties and permitted a fresh application for deletion, directing reasoned consideration within eight weeks.

What did the court decide?

Permission to make fresh online application for deletion of lands from prohibited properties list, with respondents directed to consider it or pass a reasoned order within eight weeks.

Baddam Mohan Reddy Vs The State of Telangana — Landlord and Tenant | Telangana HC (2025)

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I32e6l

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 17320 OF 2023

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Between:

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Bqldam lV'lohan Reddy, S/o. Venkat Reddy, Age 69 years, Occ; Business, Rl/o. H.No- 8-4-'156, Ganesh Nagar, Karimnagar District.

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.....PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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' 2. The District Collector, Karimnagar District.

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Revenue Development Officer, Karimnagar District.

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Tahsildar, Chigurumamidi Mandol Karimnagar District.

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Sub-Registrar, Karimnagar (Rural), Thimmapur, Karimnagar District.

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Deputy Superintendent of Police, CID, GHR, Telangana State, Hyderabad.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in keeping Petitioners land admeasuring Ac, 4-13 gts. in Sy.No. 539 and land admeasuring Ac. 1-6 gts in Sy.No. 540/8, in total Ac. 5-19 gts. situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District in the Prohibited Properties list as illegal, arbitrary and ultra vires and declare the two Notifications dated 29.12.2017 issued by the Sub-Registrar, Karimnagar (Rural) in respect of the Petitioners properties in Sy. No. 539 and 540 situated at Mulkanoor Village, Chigurumamidi

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ttilandal,KarimnagarDistrictasillegal'arbitraryandultraviresan'lconsequently directRespondentsNo.,lto5todeletethelandadmeasuringAc.4-13gts.in Sy.No.53gandlandadmeasuringAc'1-6gtsinSy.No.540/8,intotalAc.5.19 gts. situated at Mulkanoor^{Village' ChigurumamidiMandal' Kari'nnagar District} from the list of Prohibited^Properties'

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I.A.NO:1 OF 2023

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PetitionUnderSectionl5lCPCprayingthatinthecircumsl.ancesstatedin the affidavit filed in^{supportof the petition,the High court may be pleasedto} directtheRespondentsNos.4and5toregistertheSaleDeedslobepresented by the Petitioner^{in respect of land admeasuring Ac' 4-13 gts in ::iy No 539 and} land admeasuring Ar.^{'1-6 gts in Sy'No 540/8;in total Ac 5-19 gts situated at} lVlulkanoor Village,^{chigurumamidi Mandal, Karimnagar District pr:nding disposal} of the above^writ Petil^ion.

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Counsel for the Petitioner^{: SRI P'GlRlKRISHNA}

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Counsel for the Respondent^{Nos'1 to 5 : AGPFOR REVENUE}

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Counsel for the Respondent^{No'6 : AGP FOR HOME}

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The Court made the^{followingORDER}

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--7/

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HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY

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WRIT PETITION No.1732O of 2023

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ORDER:

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. This Writ Petition is filed praying this Court to declare the action of the respondents in keeping the petitioner,s land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.06 gts, in Sy.No.54O/B, total admeasuring Ac.5.19 gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, in the prohibited properties list as illegat, arbitrary..and consequently, prayed for other appropriate reliefs.

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Considered the submissions made by the learned counsel for the parties and perused the record.

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It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.4.13 gts., in Sy.No.539 and Ac.1.O6 gts, in Sy.No.540/B, total admeasuring nc.S. tS gts., situated at Mulkanoor Village, Chigurumamidi Mandal, Karimnagar District, having purchased the same through a registered sale deed bearing document No.703 0f 2011, dated 18.03.2011. It is further stated that the name of the petitioner has been recorded in all the revenue records and the revenue authorities also issued pattadar passbook No.T|7O|OO30644 uide Khata No. 1214 in favour of the d..a. petitioner under the provisions of the Telangana Rights in Land

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CVBR, J Wy 11320 2023

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{

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and Pattadar^{Passbooks Act,2O2O (for short"the Act 9 tf 2O2O").} It is further^{stated that the respondents,withoutta king into} consideration^{c,f all the documents, have mentionedtLLesubject} property as^{prohibited propertyin DharaniPortal and s,oon after} noticing the^{same, the petitionerhas made an appliczttionvide} No.2100138448^{seekingfor deletion of the subjectproperty from} the list^{of prohibited properties. It is furtherstated tha the said} application^{was rejected by respondent No.2 on the grounrl that the} Deputy Superintendent^{of Police CID GHR, TS, has r.r.'ritttn a letter} on 20.11.2017^{not to executeany registered sale deeds .n respect} of the^{propertv'n Sy.Nos.539and 54O as the said landsare subject} matter of^{Crime No.1 19 of 2025.}

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4, karned^< ounsel for the petitioner has vehementl-y^< ontended that the^{lands purchasedby the petitioner are privatepz'rttalands} and the^{name of the petitioner was recordedin the revenlte records} and^{pattadar passbookhas also been issued. It i.ifurther} contended thal^{the respondentsare not having any power or} authority to notify the^{private properties/ patta lands of the} petitioner, except the properties which are^{prohibitedr tnderthe} provisions of 22-A of the Registration Act, 1908^(for short. 'the ActJ

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C\tsR, J wp-t7320 2023

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and more particularly,^{in the absenceof any of the restraining} orders issued^{by the competent Civil Court or by this Court'}

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S. It is settled^{law that once the natureof the land is shownas} patta land arld^{pattadat passbookhas been issued in favour of the} petitioner, the respondent^{authorities are not having any power or} authorit5r to^{notify the subject properties as prohibited properties} either in Dharani^{Portal or in the list of prohibited properties} maintained under^{the provisionsof the Act'}

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Learned^{AssistantGovernment Pleader forRevenue} appearingfortherespondentshasnotdisputedthattheproperties purchased by the^{petitioner as private properties'}

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7 In the said^{circumstances, this Court, without going intothe} merits of the^{case, taking into consideration thatthe subject} properties ol the^{petitionerare the patta lands'} deems it appropriate to^{dispose of this writ petition permitting the petitioner} to make a fresh^{online applicationseeking deletion of the subject} properties from^{the list ofprohibited properlies'On such} application being^{frled, the respondentsare directed to considerthe} same and delete^{the subject properties from the list of prohibited} properties. If otherwise,^{the petitioneris not eligiblefor the same,} the respondents^{shall passa reasonedorder and communicatethe}