THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.204 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Abu Akram, learned Standing Counsel for the
appellant-Telangana State Wakf Board (for short, 'the Wakf
Board' hereinafter) and Mr. Police Venkat Reddy, learned
counsel for respondent Nos.1 to 4/writ petitioners.
2. This appeal is directed against the common judgment and order dated 28.10.2022 passed by the learned Single Judge allowing Writ Petition No.39286 of 2022 & batch including Writ Petition No.39735 of 2022 out of which the present appeal arises.
3. Respondent Nos.1 to 4 had filed the related writ petition with the grievance that respondent Nos.2 & 3, more particularly respondent No.3 was not receiving and processing documents submitted by respondent Nos.1 to 4 for 2 HCJ & NTRJ W.A.No.204 of 2023 registration of various properties situated at Mamidipally Village, Moulali, Medchal-Malkajgiri District.
4. Denial of registration was on the ground that the subject properties are notified as Wakf properties under Gazette Notification No.6-A published in A.P. Gazette, Part-II dated 09.02.1989 as well as in Gazette Notification No.27-A published in A.P. Gazette, Part-II dated 01.07.2004 issued by the Wakf Board in respect of lands situated at Survey Nos.401 and 402 of Hanuman Nagar, Moulali in Medchal-Malkajgiri District.
5. It was contended that Notification dated 09.02.1989 was set aside by this Court in W.P.No.5938 of 2006 & batch vide order dated 11.02.2021, which was confirmed by a Division Bench of this Court in Writ Appeal No.318 of 2021 & batch vide order dated 12.11.2021.
6. Learned Single Judge taking the view that when the principle Notification dated 09.02.1989 was set aside by this Court, there is no need to independently challenge 3 HCJ & NTRJ W.A.No.204 of 2023 subsequent Notification of the Wakf Board dated 01.07.2004. Therefore, learned Single Judge took the view that Sub- Registrar i.e., respondent No.3 was not justified in declining to register the documents presented for registration in respect of the said properties. Accordingly, respondent No.3 has been directed to register the documents after satisfying with the requirements as contemplated under the Registration Act, 1908 and the Indian Stamp Act, 1899.
7. Mr. Abu Akram, learned Standing Counsel for the Wakf Board representing the appellant submits that the Division Bench order of this Court dated 12.11.2021 in W.A.No.318 of 2021 & batch has been stayed by the Supreme Court in S.L.P(C).Nos.4166-4175/2022 (Telangana State Wakf Board v. Perugu Radha Madhavi) vide order dated 12.09.2022.
8. As a matter of fact, Supreme Court has passed an ad-interim order on that day directing the respondents not to create any third party right.
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W.A.No.204 of 2023
9. If this is the position, question of directing the Sub-Registrar for registration of documents does not arise.
10. We accordingly set aside the order dated 28.10.2022 passed by the learned Single Judge in W.P.No.39735 of 2022 and remand the matter back to the learned Single Judge having roster to decide the writ petition afresh in accordance with law.
11. Writ Appeal is accordingly allowed. However, there shall be no order as to costs.
12. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ ______________________ N.TUKARAMJI, J Date: 17.02.2023 KL