P. Srinivasa Reddy v. The State Of Telangana And 2 Others
[ 32s6 j HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRIJUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 2101 OF 2023 Between:
P. Srinivasa Reddy, S/o P. Bal Reddy, Occ. Software Engineer, R/o H.No.5-243, S.R. Naik Nagar, lDA, Jeedimetla, Hyderabad - 500055. ,..PETITIONER AND
1. The.State of Telangana, Egp.by its Principal SecretaryrStamps and Registration Depertment, Secretariat, Hyderabad.
2. The Sub Registrar, Serilingampally, Rajendranagar, Ranga Reddy District.
3. Telangana State Wakf Board, Rep. by its Chief Executive Officer, Haj House, Razzak Manzil, Nampally, Hyderabad.
,..RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order, direction especially one in the nature of Writ of Mandamus declaring the action of the 2nd respondent No.3 in refusing to receive. register and release the sale deed presented by the petitioner in respect of Flat No.G-1 in Ground Floor, on SAI BABA RESIDENCY-. admeasuring 1108 square feet plinth area (inclusive of common area and car parking) together with 30.00 sq. yards out of 542 sq. yards on the plot Nos.1 and 8, Sy.No.
165, 16612 and 19712, situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District as illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and consequently direct the 2nd respondent to receive, register and release the sale deed presented by the petitioner in respect of Flat No.G-1 in Ground Floor, on SAI BABA RESIDENCY, admeasuring 1108 square feet plinth area (inclusive of common area and car parking) together with 30.00 sq. yards out of 542 sq. yards on the plot Nos.1 and 8, Sy.No.'
165, 16612 and 197/2, situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District; lA NO: 1 OF 2023 Petltion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to receive, register and release the sale deed presented by the petitioner in respect of Flat No.
area and car parking) together with 30.00 sq. yards out of 542 sq. yards on the plot Nos.1 and 8, Sy.No.165, '166/2 and 19712, situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: SRl. ALAPATI LATHA Counsel for the Respondent Nos 1 & 2: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No 3: SRI ABU AKRAM The Court made the following: ORDER
Ll-Y THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.2tOL of 2o23 ORDER:
Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.l and 2 and Sri Abu Akram, learned Standing Counsel for respondent No.3-Waqf Board.
2.
This Writ Petition is filed seeking to declare the action of respondent No.2 in not accepting the document presented by the petitioner for registration in respect of Flat No.G- I in Ground Floor on 'SAI BABA RESIDENCY' admeasuring 1108 sq. feet plinth area (inclusive of common area and car parking) together with 30.00 sq. yards out of 542 sq. yards on the Plot Nos. 1 and 8, Survey Nos. 165, 16612 and 197 12 situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, as arbitrary and illegal.
3.
The issue of non-registration of the documents by the respondent/Sub-Registrar, in respect of the lands situated in various survey numbers of Manikonda Jagir Village, is considered by this Court in W.P.No.2l952 ot 2O2l by taking
\ note of the order passed by the Hon'ble Apex Court in Civil Appeal No.10770 of 2016, dated 07.O2.2Q22, and allowed the said writ petition directing the respondents therein to receive the returned document and to process the same for registration, without reference to the letter addressed by respondent - Waqf Board and the Gazette Notifications referred to therein. The relevant portion from the said order reads as follows: "3.
A perusal of the said refusal order shows that basing upon a letter said to have addressed by the Telangana Wakf Board bearing letter No.93/ 1a(a)RR/2007 dated l0.l2.20l4, the subject land situated in .Survey Nos.185, 186, 195, 196 and 194 of Manikonda Jagair Village were included in the prohibitory properties' list. A perusal of the said letter dated 10.12.2014 shows that the subject survey numbers along with several other survey numbers of Manikonda Jagir Village were declared as Wakf properties and notilted as such in A.P. Gazette No.6-A dated 09.02.1989 and Gazette No.14 dated 06.04.2006. lt is further evident from the said letter that the validity of the said Gazette notifications is the subject matter before the Hon'Lrle Apex Court in the pending S.L.P.No.13954 of 2Ol2 and the Hon'ble Apex Court passed an interim order dated 26.07.
2013, which reads as under:- "Henceforth any transaction entered into by the petitioner shall be subject to the final adjudication in the present Special Leave Petition. It is also clarified that for any bansaction that the petitioner may henceforth enter, the pendenry of the above matter and the interim order that was passed by this Court on O8.O5.2O12 shall be intimated to the concerned party.'
4.
In the light of the said interim order passed by the Honble Apex Court, the Telangana Wakf Board reqdested the registering authorities to comply with the said order and to communicate the copies of sale deed that are executed in
,,/ respect of the subject survey numbers to the Wakf Board. In terms of the interim order passed by the Honble Apex Court, any alienations that took place during the pendency of the S.L.P. were directed to be subject to the result of the said S.L.P.
5.
Now, it is brought to the notice of this Court by Mr.M.Damodar Reddy, learned counsel for the petitioner, that the Honble Apex Court granted leave in the said S.L.P. and t ( consequently, the same was numbered as Civil Appeal No.10770 of 2016. The said S.L.P. came to be disposed of by the Hon'ble Apex Court by an order dated Q7.O2.2O22 setting aside the above referred Gazette notifications wherein the subject survey numbers were declared as Wakf properties. 6.
In view of the disposal of the above referred S.L.P. i.e. Civil Appeal No.10770 of 2016 by an order dated O7.O2.2O22, the respondent-Wakf Board cannot be said to have any further claim in respect of the subject properties. In the circumstances, there cannot be any impediment for the registering authorities to register in respect of the subject properties on the ground that the subject properties are Wakf properties."
I 4.
In the light of the above, this Writ Petition is also allowed directing the respondents - registering authorities to receive, register and release the document sought to be presented by the petitioner in respect the subject property, without reference to the letter, dated 10.12.2014 addressed by the respondent - Waqf Board and the Gaz,ette Notifications vide A.P. Gazelte No.6-A, dated 09.02.1989 and the Gazette No.14, dated 06.04.2006, and complete the same, within a period of three
)
(3) weeks from the date of presentation of the document by the petitioner. There shali be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/.C.PRAVEEN KUMAR ASSISTANT R GISTRAR i ,!
//TRUE COPY// SECTIO FFICER To,
1. The Principal Secretary Stamps and Registration Deportment, Secretariat, State of Telangana, Hyderabad.
2. The Sub Registrar, Serilingampally, Rajendranagar, Ranga Reddy District.
3. The Chief Executive Officer, Telangana State Wakf Board, Haj House, Razzak Manzil, Nampally, Hyderabad.
4. One CC to SRl. ALAPATI LATHA, Advocate IOPUC]
5. One CC to SRl. ABU AKRAM, Advocate [OPUC]
6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, Hyderabad. [OUT]
7. Two CD Copies
{ I HIGH COURT MSK, J DATED: 2710'112023 t{E slArF
ORDER
q + 1 0 FtB 2il23 v !:, WP.No.2101 of 2023 '.#5.:
WP IS DISPOSED OF WITHOUT COSTS