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State has no right to classify land: Telangana High Court

Land put on prohibition list despite HC setting aside notification.

Hyderabad: The Telangana High Court clarified that the prohibition list on registration of lands does not exist, once the court sets aside the notification issued by the government.

Justice P.V. Sanjay Kumar gave the clarification while dealing with a petition by Pratap Jungle Resorts Pvt Ltd seeking a direction to the revenue authorities to issue pattadar books for their 20 acres at Khanapur village of Gandipet mandal in Ranga Reddy district.

The company had bought the land in 1989 through a registered sale deed. In 2005, the government said that it owned the land which was poramboke sarkari. The names of the petitioners were deleted from the records without considering their objections.

Large extents of lands with several survey numbers in Rajendranagar mandal was kept on the prohibition list.

In 2008, a single judge of the High Court set aside the notification and a division bench upheld the order and asked government to approach the civil court to assert its rights on the land.

Without claiming rights or title, government issued another notification in 2013, bringing the land parcels into the prohibition list.

The collector invited objections and suggestions from the affected parties before notifying the lands. When the case came up, the court was not satisfied with the collector’s contention.

It observed that without approaching the civil court to assert their rights on the land, the authorities cannot classify the lands as per their choice.

The court directed the revenue authorities to issue passbooks in the name of the petitioners immediately.

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