K. Gopal vs State Of Telangana

Heard learned counsel for the petitioner and Learned Government Pleader for Revenue appearing for respondent Nos.1 and 2. With the consent of all the parties, the writ petition is being taken up for disposal.

This writ petition is filed seeking following prayer “to declare the proceedings vide Lr.No.JTSR-OB-PTC-EVEN/2023 dt.12.10.2023 inspite of representation dt.12.10.2023 in respect of property in sy no.773/AA to an extent of Ac.3-00 Guntas situated at Rudraram Village, Patancheruvu Mandal, Sanga Reddy District is agriculture land and not to entertain to register the property, agriculture land having patta passbook no.T09180011084 vide khata no.1357 dt.30.12.2019 and to set-aside proceedings of the respondent no.2 as illegal violation of article 14, 15 and 19 of Constitution of India arbitrary, under Article 300-A unjust, discriminatory in violation of principles of natural justice.”

Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land in Sy.No.773/AA to an extent of Ac.3-00 Guntas situated at Rudraram Village, Patancheruvu Mandal, Sanga Reddy District and the petitioner vide Khata No.1357 dated 30.12.2019 was issued patta pass book bearing No.T09180011084. It is further submitted that the said land is an agricultural land and the Tahsildar, Patancheruvu Mandal, Sangareddy District vide Proceeding No.E/229/2023 dated 06.03.2023 and Revenue Divisional Officer, Sangareddy vide Proceeding No.A2/1790/2023 dated 04.04.2023 has certified the same.

Learned counsel for the petitioner contended that some unknown authorities and persons by manipulating the records are trying to sell the petitioner’s land and had approached the respondent No.2 to register the subject property. Aggrieved by the same, petitioner on 12.10.2023 made an application and requested respondent No.2, not to entertain registration with respect of the subject land. Thereafter, respondent No.2 vide impugned Lr.No.JTSR-OB-PTC/EVEN/2023 dated 12.10.2023, informed the petitioner that ‘the registration can not be stopped/cancelled in receipt of a petition/complaint and further stated that the petitioner shall approach proper Court of Law for obtaining necessary orders for stoppage/cancellation of registration’. Hence, the present writ petition is filed.

The main grievance of the petitioner is that the respondent No.2 is not the competent authority to register the subject property and when the petitioner, being the owner of the subject property made an application and requested not to entertain any registration, the respondent Authority without verifying the fact that the subject property is an agricultural land, simply directed the petitioner to approach the Court of law. It is further submitted that even the respondent Authority in the impugned letter dated 12.10.2023 had not stated whether the subject land is converted from the agricultural land to non agricultural land and pray this Court to direct the respondent Authority not to entertain registration of the subject property.

Learned Government Pleader appearing for respondents has drawn attention of this Court to G.O.Ms.No.118 dated 28.10.2020, where in the Para Nos.2.3 and 4 reads as under:-

“2. The Tahsildars of the Revenue Mandals concerned are hereby appointed as Joint Sub-Registrars with an office at the head quarters of the Mandal to deal with registration of documents relating to the lands to which the Telangana Rights in land and pattadar Pass Books Act, 2020 applies, and allied matters under the Registration Act, 1908 and the Rules made there under.

In the absence of Tahsildar, the Naib Tahsildar of the Revenue Mandal or such person designated by the District Collector shall discharge the function of Joint Sub-Registrar.

The Sub-Registrar appointed in the G.Os 1st to 3rd above are hereby stopped from registering documents relating to the lands to which the Telangana Rights in Land and Pattadar Pass Books Act, 2020 applies.”

Learned counsel for the petitioner submitted that the petitioner has been issued Patta pass book bearing No.T09180011084 and the subject land is an agricultural land.

Learned Government Pleader had not disputed the same and fairly stated that the respondent authorities may be directed not to entertain registration of the subject property without following due process of law.

Having considered the submission made by learned counsel appearing on either side and since the Government in G.O.Ms.No.118 dated 28.10.2020, stated that the Tahsildars, are the only competent authority to deal with the registration of the Agricultural land and the respondent No.2 in the impugned letter dated 12.10.2023 had not mentioned whether the subject land is converted from agricultural land to non agricultural land. Respondent No.2 has no jurisdiction to deal with the issue, hence the impugned Lr.No.JTSR-OB-PTC/EVEN/2023 dated 12.10.2023 is liable to be set aside. Accordingly, this writ petition is allowed by setting aside the impugned letter dated 12.10.2023 and the registering authorities are directed not to entertain any registration with regard to the subject property, without following due process of law.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.