UDAY KUMAR MOR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Aggrieved by the action of the respondents in including the properties of the petitioners forming part of survey No.166 of Kokapet Village, erstwhile Hyderabad West Taluk and Hyderabad District, Rajendranagar Mandal, presently Gandipet Mandal, Ranga Reddy District, in the list of prohibited properties by recourse to Sec. 22-A of the Registration Act, 1908, and consequently to direct the respondent authorities to delete the subject properties from prohibited list of properties/prohibitory order book/digital records of the revenue registers and further to award damages and compensation for arbitrary and illegal exercise of power under Sec. 22-A of the Registration Act, 1908, the present writ petition is filed.

(2.) The case of the petitioners, in brief, is that originally one Mr.Abdul Gafoor S/o.Mohd. Hyder Ali was the absolute owner and possessor of several extents of land including the land in survey No.166 admeasuring Acs.41-32 guntas of Kokapet Village, erstwhile Hyderabad West Taluk and Hyderabad District, Rajendranagar Mandal, presently Gandipet Mandal, Ranga Reddy District, and his name is figured as pattedar and possessor in pahani patrika of the year 1953-54 including Khasra Pahani of the year 1954-55 as well as in subsequent pahani patrikas. He submitted an application under Ss. 47 and 48 of Hyderabad Tenancy and Agricultural Lands Act, 1950, to the then Tahsildar, Hyderabad West, seeking permission to sell the land in favour of one Mrs.Mukundalal Rathi. Vide proceedings No.D.Dis/A3/ 10032/1964 dtd. 20/7/1964, permission was granted to Abdul Gaffoor and accordingly, he sold the land to an extent of Acs.22-17 guntas under registered sale deed No.387/1964 dtd. 10/8/1964. After the purchase, said Mukundalal Rathi got mutated her name in the revenue records. Thereafter, she sold the said land to Sri Inder Mohan Kapur under a registered sale deed No.221 of 1966 dtd. 15/3/1966 after obtaining permission from the then Tahsildar under Ss. 47 and 48 of Hyderabad Tenancy and Agricultural Lands Act, 1950, vide proceedings in D.Dis.B3/5018/ 1965 and the name of Inder Mohan Kapur was also shown in the revenue records as pattedar.

(3.) Heard Mr. Raja Sripathi Rao, learned senior counsel, representing M/s. Lex Arjava LLP, for the petitioner, and Ms.Sravanthi, learned Assistant Government Pleader for Revenue as well as Stamps and Registration appearing for the respondents.