Telangana High Court

Golla Kanaka Raju vs The State Of Telangana on 3 February, 2025

 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
                   WRIT PETITION No.2843 of 2025

ORDER:

Heard learned counsel appearing for the petitioners and learned

Assistant Government Pleader for Stamps and Registration appearing for

respondent Nos.1 to 3. With their consent this writ petition is taken up for

disposal at the admission stage itself.

2. This Writ petition is filed seeking the following prayer:-

"to declare the action of the Respondent registration authorities in not entertaining and registering the sale deed which may be presented by the petitioners in respect of the total property House Bearing No.29-1429/107, consisting of Ground and First Floors, on Plot No.107, in survey Nos.289 to 294, 306 part and 309 part, admeasuring 100 Square yards or Equivalent to 83.6 Square Meters, Situated at J.K Colony, Neredmet, Medchal-Malkajgiri District, Telangana on the ground that the said property is part of the waqf gazette notification dated 09.02.1989 at SI No.2746 is arbitrary and illegal since the said gazette notification was set aside by this court in 2002 3 ALT 439 B Gowra Reddy Vs Government of Andhra Pradesh and the judgment of this Honble Court in W P No 21896 of 2023 dated 11122023 and also in W.P No.16142 of 2023 dated 12.07.2023 and also in I A No.1 of 2020 in W P No.11599 of 2020 dated 28.08.2020 and also in I A No.1 of 2024 in W P No.4903 of 2024 dated 18/03/2024 and consequently direct the respondent registration authorities to entertain and register Plot No.38 in Sy No.92 of Boduppal Village and Municipality Medipally Mandal Medchal Malkajgiri District as and when the petitioners execute and present sale deed in respect of the said property in the office of the Respondent No.3 without reference to the said waqf gazette notification and release the registered sale deed to the petitioner."

3. Brief facts of this writ petition are that the petitioner No.1 claims to

be the owner and possessor of House Bearing No.29-1429/107, consisting of

Ground and First Floors, on Plot No.107, in survey Nos.289 to 294, 306 part

and 309 part, admeasuring 100 Square yards or Equivalent to 83.6 Square

Meters, Situated at J.K Colony, Neredmet, Medchal-Malkajgiri District,

Telangana, having acquired the same through registered sale deed bearing

Doc.No.2797 of 2012 dated 31.07.2012. Thereafter, petitioner No.1 with an

intention to sell the subject property to petitioner No.2 executed the sale

deed and approached the respondent No.3 for registration of the subject

document. However, respondent No.3 refused to register the same on the

ground that the subject property is in prohibitory property list. Aggrieved

by such rejection, this writ petition is filed.

4. Learned counsel appearing for the petitioners would submit that in

similar circumstance this Court in W.P.No.10351 of 2024 vide interim order

dated 22.04.2024, passed the following order:-

"In view of the above and for the reasons alike in the order, dated 11.12.2023 and 28.08.2022, there shall be interim direction to respondent-authority to receive, register and release the subject documents presented by the petitioners, without reference to the Waqf Gazette notification, dated 09.02.1989 at Sl.No.2746, on compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. The registration be carried out after ascertaining the status of land as reflected in the revenue record. The parties are prohibited from proceeding with further conveyance of the property except on obtaining required permission from this Court. Further, the registration shall be subject to the final result of the Writ Petition. Registry to make an endorsement to the effect that the Writ Petition shall not be permitted to be withdrawn."

Learned counsel would further pray this Court to direct the registering

authority to register and release the subject document.

5. Learned Assistant Government Pleader for Stamps and Registration

has placed on record instructions issued by respondent No.3, relevant

portion is extracted here under:-

"1.As per the Telangana State Waqf Board, Hyderabad, has furnished a list as Notified No.35, published in AP Gazzeette, Part- II dated :27.08.1987 issued by State Wakf Board in respect of 289 to 294, 306 part situated at J.K colony, Malkajgiri village, Malkajgiri Mandal falls under Wakf Board Property list and not to functions any transactions on above said Survey No.289 and 294, 306 part and 309 part.

2.As per this office Prohibited watch Registrar, furnished by C/o.Thasildar, Malkajgiri Mandal, MM dist vide Lr.No.B/SPl/2015, dt:02.09.2015 has stated that Survey No.289 to 294, 306 part and 309 part is in prohibitory is a (WAKF Board) land."

6. Learned Assistant Government Pleader further submits that the

subject survey numbers are classified as 'Wakf land' and has been notified

as prohibited for alienation under Section 22-A of the Registration Act, 1908

and further submits that until the entry in the prohibited list is removed,

the Sub-Registrar is not empowered to register the subject document.

7. In the case on hand, it is relevant to refer to the Common Judgment

dated 19.10.2023 passed by the Hon'ble Division Bench of this Court in Writ

Petition Nos.28300 of 2007 and batch, the relevant paragraphs are extracted

hereunder:-

29. It was further held that sub-section (4) of Section 22A of the Act provides a remedy to an aggrieved party to approach the State Government for deletion of his property from the notification. It has further been held that if any such application is made, the competent authority has to afford an opportunity of hearing and an opportunity to produce materials/documents in support of such a claim. The claim made by an aggrieved person has to be dealt with by a speaking order. It has further been held

that in case such an application is made under Section 22A(4) of the Act, the same has to be decided within a period of three months. It has also been held that the mechanism provided under Section 22A(4) of the Act shall not preclude the parties to file any other appropriate proceeding, including civil suit, for similar or appropriate relief.

8. Learned Assistant Government Pleader for Stamps and Registration

submits that the petitioners has not made any representation before the

competent authority to remove the subject property from the prohibited list.

It is further submitted that if the petitioners makes

representation/application and submit his grievance, the respondent

authorities would consider the same and pass appropriate orders in

accordance with law.

9. At this stage, learned counsel for petitioners submits that the

petitioners may be permitted to make representation/application for

deletion of the subject property from the prohibitory properties list and

further pray this Court to direct the respondent authorities to consider and

dispose the same within a time bond period.