T.V. Yashpal, v. The State Of Telangana,

Date :4.10.2017 Between :

T.V. Yashpal S/o T K Veeraiah R/o 1-7-8/8, Kamalanagar, ECIL Post, Ranga Reddy district and another Petitioners And The State of Telangana Revenue Department, Secretariat building, ECIL post, Ranga Reddy and others Respondents The Court made the following:

ORAL ORDER:

Petitioners claim as owners of land in Survey No.99 (Part), 100, 102, 103 and 104 to an extent of Ac.7.02 guntas, Alwal village, Malkajigiri mandal, Ranga Reddy district. According to petitioners, they are in possession and enjoyment of the same for times immemorial. While so, the said lands are included in the prohibited list of properties and a notification was issued under Section 22-A of the Registration Act and the same was published vide G O Ms No. 647 Revenue (Registration.I) Department dated 3.10.2001. Petitioners are aggrieved by such inclusion. According to petitioners, aggrieved by the illegal inclusion of such properties owned by them in the prohibited list of properties, representation was made to the District Collector on 17.4.2017 but the same was not disposed of. Hence, this writ petition. 2.

The issue of inclusion of properties in the prohibited list of properties and remedies available to the aggrieved persons was extensively considered by Full Bench of this Court and detailed directions were issued in Vinjamuri Rajagopala Chary v. State of Andhra Pradesh1.

3.

It appears that the notification was issued by the Government in exercise of power under Section 22-A. If that is so, aggrieved party has to go before the Three Member Committee constituted by the Government in accordance with the directions issued by the Full Bench in paragraph No. 35.1, whereas, petitioners have submitted representation to the District Collector. Thus, it cannot be said that the District Collector erred in not passing orders on the said representation submitted by the petitioners, as he is not competent to 1 2016 (1) ALT 570 (F.B)

decide the issue. Thus, no relief as sought for can be granted. Writ Petition is disposed of granting liberty to the petitioners to file appropriate application before the Three Member Committee constituted by the Government praying to delete the property claimed by petitioners as owned by them from the list of prohibited properties. It is needless to observe that as and when such a representation is made, Committee shall examine the claim of the petitioners and take appropriate decision as warranted by law within three months from the date of receipt of such representation. No costs.

Having regard to the same, miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:04.10.2017 TVK

Date :4.10.2017