DADUVAI PALLAVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) It is the case of the petitioner that she is the owner and possessor of house bearing Municipal No.2-56/5/50, admeasuring 300 square yards with built-up area of 200 square feet with ACC sheets roof, constructed on Plot No.50 in Sy.No.41/11 situated at Matha Bhuvaneshwari Colony, Khanamet village, Serilingampally Mandal and Municipality, Ranga Reddy district. Petitioner intends to sell the above extent of land and when she approached the Joint Sub-Registrar-1 & 2, District Register Office, Ranga Reddy district, she was informed about the District Gazette notification issued by the District Collector, Ranga Reddy District, dated 26.09.2013, in which the objections were called from the affected persons against the proposal to notify the land in Survey No.41/11 of Matha Bhuvaneshwari Colony, Khanamet village Serilingampally Mandal and Municipality, Ranga Reddy district, covered under C.S.No.14 of 1958 under Section 22-A of the Indian Registration Act, 1908 (for short 'the Act').

(2.) Learned counsel for the petitioner submits that the said notification is without power or jurisdiction. A notification can be issued concerning the properties which are mentioned in Section 22(A)(1)(e) of the Act by the State Government and the District Collector has no power to notify any properties covered by Section 22(A)(1)(e) of the Act as the registration of Government lands by way of deeds of conveyance were prohibited. Learned counsel placed reliance on earlier orders issued by the Government in Memo No.28908/JA1/2004-1, dated 05.11.2004 and Memo No.59734/JA.1/2005, dated 18.05.2009, which inter alia disclosed that these lands are treated as private lands and directions were issued for mutation in terms of the orders in C.S.No.14 of 1958.

(3.) Learned counsel further submits that attempts made by the State Government in this Court and the Hon'ble Supreme Court have failed and therefore, the above orders are issued. Learned counsel therefore submits that the present notification issued by the District Collector treating it as 'Sarkari Land' is contrary to the orders of the Government and the District Collector does not have competence and power to overrule the orders of the Government and notify the subject land as 'Sarkari land'.