Andhra Pradesh High Court - Amravati
K. Jayamma, vs State Of Andhra Pradesh on 1 December, 2022
Bench: V.Sujatha
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.38193 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 3.03 acres in Survey No.19 of
Dinnedevarapudu Village, Kurnool District, without reference to any prohibition
list...."
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 represented by General Power of Attorney Holder and
petitioner claims that she is the absolute owner of the subject property vide
document No.4324 of 2005 under the registered sale deed dated 29.03.2005
purchased from Smt.Lalitha and since then the petitioner is in possession
and enjoyment of the same.
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
effected 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
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 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, 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 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
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.38193 of 2015
Date : 01.12.2022
AVTP
