HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.38170 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the
Constitution of India seeking the following relief:-
"to issue a Writ or Order more in the nature of Mandamus or Directions to direct the 3rd Respondent to act in accordance with law and to receive and register any document in respect of Plot No 108 Survey No. 19 of Dinnedevarapadu Village, Kurnool District, without reference to any prohibition list and pass such other order or orders as this Hon‟ble Court may deem fit and proper in the circumstances of the case ...."
When the matter came up for admission, this Court passed an Interim
Order on 25.11.2015 as follows:
„Acquitus Juris Law Firm seeks to appear for respondent No.4 and seeks time for instructions.
It is also noticed that the petitioner has not yet presented any document before the 3rd respondent and whether the 3rd respondent accepts and registers the document or not cannot be said at this stage. Hence, list after four weeks for instructions.
In the meanwhile, the petitioner is at liberty to present the document before the registering authority to enable the registering authority to examine the same and take appropriate decision in the matter‟.
The brief facts which lead to filing of the present Writ Petition are that
the petitioner is the absolute owner of the subject property vide document
No.6459 of 2004 under the registered sale deed dated 07.05.2004
purchased from Sri.Perugu Ramahandra Reddy and since then the
petitioner is in possession and enjoyment of the same. 2
While so, the 4th respondent has issued a Gazette Notification dated
01.09.2005 by way of Addendum to its earlier Notification dated 24.10.1963
in respect of serial No.3035, so as to include the land of an extent of
Ac.59.90 cents in Survey No.19 of Dinnedevarapadu village as part of the
Wakf Lands.
The said Gazette publication dated 01.09.2005 was challenged by the
affected owners of the various extents of land in survey No.19,
Dinnedevarapadu Village before this Court in W.P.No.989/2007 and the
petitioner herein was one among them. The Division Bench of this Court
disposed of the W.P.No.989/2007 vide its order dated 20.06.2011 while
quashing the Gazatee notification dated 01.09.2005, left it open to the Wakf
Board to take a fresh decision after issuing notice to the Writ petitioners and
other persons in occupation of the property in survey No.19 of
Dinnedevarapadu village. It was also further held that in view of Quashing of
the notification dated 01.09.2005, the Wakf Board shall not proceed against
the writ Petitioners on the assumption that the subject property is a Wakf
property unless a lawful declaration to that effect is renotified in accordance
with Law.
After disposal of the W.P.No.989/2007, no steps have been taken by
the Wakf Board by way of issuing notices to the Writ petitioners therein or
by initiating any Civil Suit for the declaration of its title over the said land.
Even after disposal of W.P.No.989/2007 and also after issuing a clarification
dated 20.02.2013 by the 2nd respondent directing the 3rd respondent to 3
implement the instructions given by this Court in W.P.No.33449 of 2012,
the 3rd respondent is refusing to receive and register the documents
presented in survey No.19 of Dinnedevarapdu village, Kurnool District.
Heard Smt.Lakshmi Priyanvitha, learned counsel representing
Sri.Vedula Srinivas, learned counsel for the petitioner, learned Assistant
Government Pleader for Revenue and M/s.Acquitus Juris Law Firm, for the
Respondent No.4.
At the time of hearing, the learned counsel for petitioner reiterated his
contentions in the petition and has drawn the attention of this Court to the
orders of this Court passed in W.P.Nos.29663 of 2012 and 33449 of 2012 in
similar circumstances, basing on the orders passed by the Division Bench of
this Court in W.P.No.989 of 2007 dated 20.06.2011.
In W.P.No.33449 of 2012, this Court passed the following Order:
„As per the orders of this Court in W.P.No.29663 of 2012 dated 10.10.2012, the writ petition is disposed of, directing the respondents to process the document submitted by the petitioner for alienation of Plot Nos.61-A, 210 and 235, covered by survey No.19, situated at Dinnedevarapu Village and Mandal of Kurnool District, without reference to the list of properties prohibited from registration, furnished by respondent No.2 to 4. However, it is made clear that it is open for the registering authority to verify whether the document is in accordance with the provision of Registration act, 1908 and the Indian Stamp Act, 1899.‟
In view of the above and in view of the judgment of Division Bench of
this Court in W.P.No.989 of 2007 dated 20.06.2011 and of this Court in
W.P.No.33449 of 2012 dated 19.10.2012, this Writ Petition is allowed
directing the respondents to receive and process the document/s submitted
by the petitioner as per the provisions of Section 71 of the Act without 4
reference to the list of properties prohibited from registration. In case the
instrument presented cannot be registered, the respondents shall pass
appropriate orders as required under Section 71 of the Registration Act.
There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also
stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 01.12.2022 AVTP 5
271
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.38170 of 2015
Date : 01.12.2022
AVTP
