Jamaluddin Rajani v. State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 19860 of 2019 ORDER:

Heard learned counsel for petitioner and learned Government Pleader appearing for respondents. This writ petition is filed for the following relief: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the proceedings of the 2nd respondent in Rc.No.E2/327/2019 dated 05.08.2019 whereby the 3rd respondent is directed not to register documents in respect of land in Sy.No.181/20 (Old Sy.No.181/5) of Mavala Village, Adilabad Mandal & District on the ground that the same are Government assigned lands, as illegal, without jurisdiction and unconstitutional and to issue a consequential direction to the 2nd respondent to receive and register documents in respect of land of the petitioner admeasuring Acs.8.45 cents in Sy.No.181/20 (Old Sy.No.181/5) of Mavala Village, Adilabad Mandal & District."

A perusal of the letter dated 05.08.2019 addressed by the second respondent - District Collector, Adilabad, to the third respondent - Sub-Registrar, Adilabad, discloses that on the ground that the land in Survey Nos.72 and 181 belongs to the Government, by communication dated 22.07.2019, the District Town & Country Planning Officer, Adilabad, requested the

CKR, J W.P.No.19860 of 2019 Sub-Registrar of Mavala Village and Mandal, not to register any plots in Survey No.181 till final settlement of the issue and without No Objection Certificate from the second respondent and final layout approved by the competent authority. It is the assertion of the petitioner that originally, the subject land was assigned to one Golkar Malleshu in 1954, as such, in view of G.O.Ms.No.1406 dated 25.07.1958, there cannot be any prohibition from alienation of the said land. Inasmuch as the said aspect is a verifiable fact, the petitioner is given liberty to make a detailed representation enclosing necessary documents to support his contention. Thereupon, the second respondent shall verify the records and pass appropriate orders within a period of four (4) weeks from the date of receipt thereof.

Accordingly, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 16th SEPTEMBER, 2019.

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