G. Anjaiah v. State Of Telangana
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12135 OF 2019 Date:31.07.2019 Between:
G. Angaiah, S/o. Late Bhoomaiah, Aged 56 years, Occ: Agriculture, R/o.Bagangpet Village, Saroornagar Mandal, Ranga Reddy District and another .. Petitioners And State of Telangana, Revenue Department, Telangana Secretariat, Hyderabad, rep., by its Principal Secretary and others .. Respondents The Court made the following:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12135 OF 2019 ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Revenue.
2.
Petitioners claim as owners of land to an extent of Acs.09.00 in Survey Nos.117 and 118 of Badangpet Village, Saroornagar Mandal. It is the case of petitioners that aggrieved by the proceedings dated 22.03.1995 passed under Section 8 (4) of the Urban Land (Ceiling & Regulation) Act, 1976 (for short, 'the Act'), batch of Writ Petitions were filed. The petitioners herein filed W.P.No.20994 of 2008. The said Writ Petitions were allowed by common order dated 01.04.2009 setting aside the proceedings therein. In terms thereof, the subject property has become the property of the petitioners in all respects. The claim of the owner extinguished and the decision of the learned single Judge has become final. However, the revenue records were not altered and similarly the status of the land as covered by the Act is not updated.
Therefore, the registering authorities are refusing to receive and register the documents in respect of the subject land, since the said land is reflected in the prohibited list of lands and therefore insisting the petitioners to obtain No Objection Certificate from the Urban Land Ceiling Authorities. Hence, the Writ Petition. 3.
The District Collector, Ranga Reddy District, filed counter affidavit deposed on 18.07.2019. He admits the factum of several transactions that took place in various extents of land including the subject land, conversion of land for non-agricultural purpose,
formation of house plots and construction thereof.
It appears, on 18.06.2019, the District Collector addressed a letter to the Government to de-notify the subject land from the prohibited list of properties. From the averments of the said letter it is clear that the subject land cannot be treated as vesting in the Government and prohibiting the land from alienation. 4.
The Writ Petition is accordingly allowed. The respondent authorities are directed to receive and process the deeds of conveyance without insisting for production of No Objection Certificate from the Urban Land Ceiling Authorities. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ P.NAVEEN RAO, J Date:31.07.2019 KH