LAWS(TLNG)-2024-3-58

SABIA SULTANA Vs. STATE OF TELANGANA

Decided On March 22, 2024
Sabia Sultana Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard the learned Senior Counsel Sri Vedula Venkataraman appearing for the petitioners and the learned Assistant Government Pleader for the respondents and perused the material made available on the record. With the consent of both the parties, this writ petition is being disposed of at the threshold.

(2.) This writ petition has been filed seeking a writ of mandamus declaring that the subject land admeasuring Acs.9.36 guntas in Sy.No.51 of Gandhamguda village, Gandipet Mandal, Ranga Reddy District, which was earlier included in the list of prohibited properties under Sec. 22-A of the Registration Act, cannot be continued/construed as hit by Sec. 22-A of the Registration Act in view of the judgment of the Special Tribunal in ST/D1/B/915/2018/2021, dtd. 10/12/2021 and the mutation granted in favour of the petitioners in terms of the entries contained in the Dharani webportal and consequently delete the subject land from the list of prohibitory properties under Sec. 22-A of the Registration Act for the reasons that there is no Gazette publication of the subject lands under Sec. 22-A of the Registration Act and direct the 5th respondent, Tahsildar, to entertain and register the sale deeds that may be executed and presented by the petitioners without raising an objection that the subject land is covered by Sec. 22-A of the Registration Act for the reason that there is no Gazette notification in which the subject lands are included as prohibited under Sec. 22-A of the Registration Act and release the registered documents to the petitioners or their power of attorney holder.

(3.) It is the case of the petitioners that they are the absolute owners and possessors of all that subject land admeasuring Acs.9.36 guntas in Sy.No.51 of Gandhamguda village, Gandipet Mandal, Ranga Reddy District (hereinafter referred to as 'the subject property') and they were granted mutation by the Court of Special Tribunal, Ranga Reddy District in Case No.ST/D1/B/915/2018/2021 dtd. 10/12/2021 and also mutated their names as the Pattadars and possessors in the Dharani Webportal in respect of the subject property vide Kata No.60170 and the nature of the land is described as private patta land. Thus the order dtd. 10/12/2021 of the Special Tribunal has clearly stated that the subject land held by the Jagirdar Mohammed Mazheruddin is declared as private patta land and it can no more be continued as Government land.