C Shankar And 3 Others, v. Prl.Secy., Revenue Dept., Hyd., And 3 Others,

Date : 11.4.2018 Between:

Chetalla Shankar S/o Mallaiah 50 years H No. 23-4, Shayampet, Hanamkonda, Warangal urban district And others Petitioner And State of Telangana (Revenue Department) Rep by its Principal Secretary, Secretariat, Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioners and learned Government Pleader for Revenue.

2.

First petitioner claims that his father has purchased land to an extent of Ac.1.05 1⁄2 guntas in Survey No. 549 of Shayampet revenue village, Kazipet mandal, Warangal urban district from its original assignees Manda Devadas and Vallapadas Raghavaiah. That name of father of the petitioner was mutated in the revenue records and after his demise name of the first petitioner was also mutated in the revenue records. When first petitioner intends to sell the subject land to petitioners 2 to 4 and approached the Joint Sub Registrar, Warangal Urban-4th respondent for registration of the document, he refused to register the same on the ground that the subject land is included in the list of prohibited properties by the revenue department under Section 22 (A)(1) (a) of the Registration Act, 1908. Questioning the said action, the present writ petition is filed.

3.

If first petitioner is aggrieved by inclusion of property claimed by him as owned in the list of prohibited properties, as held by Full Bench of this Court in Vinjamuri Rajagopala Chary and others vs. State of A.P., rep.by Principal Secretary, Revenue Department, Hyderabad and others1, he has to submit application to District Collector requesting him to exclude the property claimed by him from the list of prohibited properties with supporting documents. According to learned counsel, such representation is already made. 4.

Having regard to the same, Writ Petition is disposed of, directing the District Collector to dispose of application of 1st petitioner, if 1 2016 (1) ALT 550 (FB)

already made. If no such application is made, first petitioner shall submit application for exclusion of property claimed by him as owned. If such application is already made or made in pursuant to the directions in this writ petition, District Collector shall consider the same and pass a reasoned order as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of copy of this order. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

__________________ P NAVEEN RAO,J DATE: 11-04-2018 TVK

Date : 11.4.2018