SYED JAFFAR AHMED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus to declare that the Endorsement No.E5/531/2018 dtd. 26/4/2019 of the 1st respondent, District Collector, Ranga Reddy District, reaffirming that the subject land in Sy.No.8/2 admeasuring Acs.3.12 guntas situated in Jalpally village, Balapur Mandal, Ranga Reddy District (hereinafter referred to as 'the subject land') is prohibited from registration under Sec. 22-A of the Registration Act, 1908 and not deleting it from the prohibitory list, as illegal and arbitrary and consequently to direct the respondents to treat the said land as private patta land and also to direct the 2nd respondent, Sub-Registrar, Champapet, to entertain and register sale deeds in respect of the said land and release the same after due registration. Facts giving rise to filing this writ petition briefly stated as under:

(2.) It is the case of the petitioner that he is the absolute owner and possessor of the subject land having purchased the same from his vendor, Hafeez Abdul Lateef, vide registered sale deed bearing document No.2649 of 1998 dtd. 30/4/1998. The vendor of petitioner claims that he has got title under a faisal patti entry recorded in the name of Syed Sharfuddin Khadri, which is suffice to say that the subject land is a private land.

(3.) While so, the petitioner, with an intention to sell the subject property, procured a prospective buyer and approached the 2nd respondent for enquiring about the registerability of the subject land and wherefrom he came to know that the subject land is included in prohibitory list under Sec. 22-A of the Registration Act, 1908 (hereinafter referred to as 'the Act') and therefore, he applied for de-notification of the subject land from the Sec. 22-A of the Act and his request for de-notification has been rejected by the 1st respondent vide impugned Endorsement dtd. 26/4/2019 on the File No.E5/531/2018. Assailing the same, the petitioner filed the present writ petition.