HC Guidelines For Listing Properties As Prohibited

Hyderabad: The Telangana High Court, in an important judgment, made it clear that inclusion of any property in the prohibited list must be in accordance with Rules 238 to 241 under the Telangana Registration Rules, 2016 and stated under which clause of Chapter 22A such properties fall or are covered.

Justice K. Lakshman of the Telangana High Court also made it clear that the day on which the property in question was included in the prohibited list and the procedure followed to do so should be specifically shown in the trial.

The judge was deciding on a petition challenging the Karimnagar district collector’s orders canceling the registration of 453 registered documents belonging to private individuals whose lands were included in survey numbers 197 and 198 of Kothapalli mandal head town.

The judge clarified the legal position governing inclusion of properties in the category commonly called “prohibited list” under Section 22A of the Registration Act, 1908 and the procedure prescribed under the Telangana Registration Rules, 2016.

The court noted that Article 22A of Law No. 1908 was first added in 1999 and therefore the authorities could not claim that any land parcel was on the prohibited list before that year.

The collector canceled the registration on May 12, 2025, on the grounds that the lands were excessive land and were on the banned list in 1997.

The court noted that many of the correspondence relied on by the authorities did not clearly indicate the date on which the prohibited lists were drawn up or at what stage the lands were included in them.

Justice Lakshman placed the blame on the collector for unilaterally canceling the sale deeds issued in favor of the petitioners, relying on Rule 243. The court stated that the power under the rule can be exercised only if the properties are included in the prohibited list prepared under Section 22A. The power under Rule 243 cannot be exercised if the inclusion of assets on the prohibited list is questionable or if the prohibited list in question has been prepared contrary to the relevant Rules.

The court emphasized that inclusion of properties in the prohibited list must strictly adhere to the legal scheme under Section 22A of the Registration Act, 1908 and the Telangana Registration Rules, 2016. Land whose ownership is in dispute or pending decision cannot be mechanically included under Clauses (a) through (d). Such land holdings can only be brought under Clause (e) and even then registration can only be prohibited by publication of a newspaper advertisement.

HC Summons Officials Over Unpaid Dues

Hyderabad: Principal secretaries Sundeep Kumar Sultania (finance) and N. Sridhar (panchayat raj) have been directed to appear before the Telangana High Court on January 9 over non-implementation of orders. The Supreme Court also issued contempt notices to four other officials of the Karimnagar panchayat raj department and the payroll and accounts department in the case.

Justice EV Venugopal directed the Registrar of the Supreme Court to issue Form-1 notice to the officials stating that it is mandatory for them to appear in person. The judge summoned the officials to court for not complying with court orders and receiving previously issued defamation notices.

The Supreme Court, while hearing K. Anand and Company’s petition, had earlier directed the government to clear the arrears for work done in 2023-24. A defamation lawsuit was filed because the decision was not complied with.

DL Pandu, counsel for the contempt petitioners, informed the court that the government lawyer had sought time in more than eight hearings, but the government had neither filed a counter-affidavit nor compiled the court orders. Thereupon, the judge called the authorities.