In a crucial decision, Justice K. Sarath of the Telangana High Court has invalidated the cancellation of 17 sale deeds pertaining to the registration of approximately 38 acres of land in Bahadurguda village, located within the Shamshabad mandal of Ranga Reddy district.
However, the High Court clarified that its ruling does not prevent the State government from pursuing legitimate claims of title, if any, over the aforementioned lands. Any existing legal proceedings, suits, or appeals between the original sellers, the purchasers, and the government concerning these 17 sale deeds will proceed, with their outcomes being influenced by this verdict.
The case stemmed from separate writ petitions filed by three private individuals. They challenged the actions of the Stamps and Registration and Revenue officials, who had cancelled the sale deeds initially executed between the vendors and the petitioners. These land parcels, purchased at various times, are all situated in Bahadurguda.
The Shamshabad Tahsildar had unilaterally cancelled the sale deeds in 2017, acting on instructions from the Collector. The petitioners contested this administrative move in the High Court. Citing a precedent set by the Supreme Court in the case of Yerikala Sunkalamma and another vs. State of Andhra Pradesh, Justice Sarath emphasized that government officials lack the authority to seize or deprive an individual of their property without explicit legal backing. The Tahsildar had based the cancellation on Rule-243 of the Telangana Rules under the Registration Act-1908.
Crucially, the court noted that Rule-243 specifically addresses a list of prohibited properties. The lands involved in these 17 annulled sale deeds were not officially designated or notified as prohibited properties under Section 22-A of the Act, rendering the Tahsildar’s cancellation legally unsound.