HYDERABAD: The Telangana High Court has allowed a batch of writ petitions and set aside proceedings dated May 12, 2025, issued by the Karimnagar collector, cancelling 453 registered sale deeds.
Justice K Lakshman held that the collector’s action, taken on the ground that the lands formed part of the prohibited list under Section 22A of the Telangana Registration Act, 1908, was not sustainable in law.
The case relates to lands in Survey Nos. 197 and 198 of Kothapalli village and mandal in the district. The court noted that earlier proceedings arising out of ceiling cases against Shaik Saleh and his family primarily concerned lands in Rekurthi village, and not the Kothapalli survey numbers involved in the present matter.
The impugned order was issued under Rule 243 of the Telangana Registration Rules, 2016, following a Lokayukta complaint alleging illegal alienation of state land.
Acting on the order, the collector cancelled hundreds of registered documents, including sale deeds executed in favour of the petitioners, without issuing any notice to them.
Allowing the petitions, Justice Lakshman held that there was no material to show that the lands in Survey Nos. 197 and 198 were validly included in the prohibited list by following the procedure prescribed under Rules 238 to 240 of the 2016 Rules.
Rules silent, but principles of natural justice apply: HC
The court pointed to inconsistencies in official correspondence and observed that even the authorities were unclear about when and how the lands were added to the prohibited list.
The court further held that the inquiry report relied upon by the state merely raised doubts about declarations made by the petitioners’ predecessor-in-title, Habeeb Ali, and did not declare the lands as surplus.
On the issue of unilateral cancellation, the court ruled that although Rule 243 is silent on issuing notice, principles of natural justice must be read into it. Cancelling registered sale deeds without issuing a show cause notice was held to be illegal.