Telangana High Court
M/S. Sterlite Technologies Limited vs The State Of Telangana, And 4 Others on 23 June, 2022
HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO. 26619 OF 2022
Order:
The main grievance of the petitioner in this writ petition is
continuing the subject land admeasuring 12 Acres in Sy Nos.617/11
& 12 equivalent to 58080 Square Yards situated at Malakajgiri Village
& Mandal, Medchal-Malkajgiri District in prohibitory property list
maintained under Section 22-A of the Registration Act, 1908, even
after repeal of Urban Land (Ceiling & Regulation) Act, 1976 (for short
'ULC Act').
2. According to learned counsel for the petitioner the subject land
was initially notified for industrial purpose under G.O.Ms.1061,
dated 27.11.1991 and thereafter permission was accorded for transfer
of the subject property to the erstwhile entity of the petitioner herein
through G.O.Ms.No.7, dated 05.01.2006 The said transfer had taken
place by virtue of Registered sale deed, dated 07.07.2021, vide
document No.4893 of 2021, while the 'ULC Act' was in force a
declaration came to be filed under the provision of the said 'ULC Act'
and during the pendency of the said proceedings 'ULC Act' was
repealed with effect from 27.03.2008.
WP NO.26619 of 2022
::2::
3. According to learned counsel for the petitioner the subject land
was included in the prohibitory property list under Section 22-A of
the Registration Act, 1908. However, the proceeding under 'ULC Act'
in respect of the subject land have abated by virtue of the repeal Act
with effect from 27.03.2008 and thereafter there is no prohibition in
transfer of the subject land and there is no Government interest
involved in the said land. However, the said land continued to be in
the prohibitory property list under Section 22-A of the Registration
Act, 1908.
4. Though petitioner has made several representations for
deletion of the same from the prohibitory property list the same is not
being considered, though reports have been called from respondent
Nos.4 and 5 long back, and respondent No.5 submitted his report to the respondent No.4 through his letter No.B/596/2021, dated 04.05.2021 and the relevant portion from the said report reads as under:
"Further submitted that on personal inspection the land is in the possession of M/s.Sterlite Technoogies Ltd, land admeasuring Ac.12-00 falling in Sy No.617/11 & 617/12. As per the G.O.Ms.No.7, the scheduled land extent Ac.12-00 gts may be requested to delete in Prohibitory list and also no interest is WP NO.26619 of 2022 ::3::
involved in above said Sy No.617/11 & 617/12, situated at Malkajgiri Village and Mandal.
5. Thereafter, having considered the report of the respondent No.5, the respondent No.4 herein also submitted a recommendation to respondent No.3 herein through his letter No.B/207/2021, dated 26.05.2021, duly clarifying that Government has no interest in respect of the subject land and the relevant portion from the said report reads as under:
"....
as there is no Government interest is involved in respect of the land in Sy No.617/11 & 617/12, admeasuring an extent Ac.12-00 gts situated at Malkajgiri Village and the report of the Tahsildar, sketch map prepared by the Mandal Surveyor along with other documents are submitted herewith for necessary action on the request of the applicant.
6. On the perusal of the record shows that the above reports are submitted by the respondent Nos.4 & 5 pursuant to petitioner representation dated 15.04.2021, wherein the petitioner made a request for issuing necessary modification orders to delist the subject property from prohibitory property list notified under Section 22-A of the Registration Act, 1908.
WP NO.26619 of 2022 ::4::
7. The grievance of the petitioner in the present writ petition is inspite of receipt of reports from respondent No.4 & 5 clarifying that the Government have no interest in the subject property, the respondent No.3 failed to take any action even after lapse of more than a year. Hence the learned counsel for the petitioner prays for passing appropriate orders directing the respondent No.3 to consider the representation dated 15.04.2021 submitted by the petitioner for deleting the subject property from the prohibitory property list.
8. Taking into consideration the fact that, pursuant to the representation submitted by the petitioner, the respondent Nos.4 & 5 submitted their reports as early as in the month of May, 2021 clarifying that the Government has no interest in the subject land and the representation of the petitioner is still pending before respondent No.3, this Court is not inclined to go into the merits of the case at this stage and deems it appropriate to disposed of writ petition at the admission stage.
9. Accordingly for the reasons recorded herein above, the Writ Petition is disposed of directing respondent No.3 to consider the application dated 15.04.2021 submitted by the petitioner by duly taking into consideration the reports submitted by the respondent WP NO.26619 of 2022 ::5::
Nos.4 & 5 in their letter Nos. B/207/2021, dated 26.05.2021 and B/596/2021, dated 04.05.2021 for deleting an extent of Ac.12-00 Gts of land situated in Sy Nos.617/11 & 12 of Malakajgiri Village & Mandal, Medchal-Malkajgiri District from prohibitory property list maintained under Section 22-A of the Registration Act, 1908 and pass necessary orders, in accordance with law, within a period of six (6) weeks from the date of receipt of copy of the order and communicate the same to the petitioner.
Miscellaneous petitions pending, if any, shall stand closed. No order as to cost.
______________________________ MUMMINENI SUDHEER KUMAR,J Date: 23-06-2022 SHA-bd*