B Gowra Reddy v. Government of .Andhra Pradesh and the judgment of this Honble Court in W P

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue of Writ of Mandamus or any other appropriate Writ declaring that 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-29-142911O7, 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 'l 989 at Sl No 2746 is arbitrary and illegal since the said gazette notification was set aside by this court in 2OO2 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 ta'l 11122023 and also in W P No 16142 of 2023 daled 12 07 2023 and also in I A No 1 of 2020 inW P No 115s9 ;ii0;0 aateo za oa 2O2o andalso in I A No'1 of 2024 in W P No qeoz ot'i6ii'ouiJ ieloalz024.and consequentlv direct the and reoister Plot No 38in Sy No respondent registration u'tiliititl-tJ rvr"oip'rrv M--anJal Medchal Malkajsiri -"*"J't" 92 of Boduppal Villase ';'J'il;;"i;''iiv ani piesent sale deed in respect of District as and when tn" p"iiti"n"it the said property in tn" otii"""oiin" i"+"^o"ni No a rarithout reference to the said waqf gazette notiticat]Jn- anJ release the registe'red sale deed to the "ntertain petitioner. IA NO:1 oF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiteo in supJort "it" p"iiti""' i19 ni,on Court mav be pleased to oass an interim directi".'"th";;;tL Jli"it the.iescondent Nos 2 and 3' and register the sale deed that may be reoistration authorities t" 'pi:rlH;;ih;;;titi";"'; i" t"tpt"i qt't total propertv House Bearing No- ""1";;i; CiounJrnO First Floors. on Plot No-107, in survey 2g-142gt1t)7, consrsung "i Nos: 289 to 294, aoo part-aio .os part, aclmeasurino 100 square yards or Equivalent to 83.6 sqr","''rt/lliJ'=l s-it'i"t"i at J'K Coloiiv Neredmet' Medchal- wiqf gazette notification Malkaigiri District' rerangana-;iiio't i"f"'"n"". to .the dated 09 02 198s rna ,"r""J"ih"i&iti"'"d sale deed 1o the petitioner pending disposal of the writ Petition' .Counsel for the Petitioners: M/s' JMS LAW FIRM ADVOCATES & ASSOCIATES Counsel for the Respondent No'1 to 3: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No'4: SRI FARHAN AZAM KHAN' SC FOR TS WAQF BOARD The Court made the following: ORDER HONOURABLE SRT JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.2843 of 2025 ORDBR: Heard learned counsel appearing for the petitioners and learned Assistant Governrnent 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 filcd seeking the following prayer:- "to declnre tlrc nction of tle Respondent registration nuthorities in not entertnining nnd registering the saLc deed ruhich nLay be presenLed by the petitioners in respect of the total property House Bearing No.29-1429/107, consisting of Ground snd First Floors, on Plot No.107, in sunley Nos.289 to 294, 306 part nnd 309 part, ndmensuring 100 Sqttnre yards or DE.tit,nlent to 83.6 Square Meters, Situated at l.K Colony, Neredmet, Medchnl-Malkajgiri District, Telnngnna on the ground that the said property is part of the ruaqf gnzetta notifcntion dnted 09.02.1989 at Sl No.2746 is nrbitrary nnd iLlegnl since the said gazette notifcntion ruas set aside by this court in 2002 3 ALT 439 B Goruru Reddy Vs Gooernment of Andhra Pradesh nnd tlrc judgment ol tlis Honble Court in W P No 21896 of 2023 daterl -1'1122023 nnd nlso in W.P No.16142 of 2023 dated -12.07.2023 nnd nlso in I A No.1 of 2020 in W P No.1.1.599 of 2020 dated 28.08.2020 and nlso in I A No.1 of 2024 in W P No.4903 of 2024 dated 18/03/2024 and consequently direct the responfunt registration authortties to entertain and register PLot No.38 in Sy N0.92 of Boduppal Villnge arul Municipality Medipally Mandal Medchnl Mnlkajgiri District ns nnd ruhen the petitioners execute nnd present sale rleed in rcspect of llu said property in the office of the Respondent No.3 toithouL reference to the said ruaqf gazette notification tnd release tht registered snLe 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.29-1,429 / 707, consisting of Ground and First Floors, on Plot No.107, in survey Nos.289 to 294,306 part ancl 309 part, admeasuring 100 Square yards or Equivalent to 83.6 Square a I I I I i I I , i i I i I i I 2 Meters, Situatcd at J.K Colony, Neredmet, Medchiil-Malkaigiri District, Telangana, having acquired the same through registeretl sale ,.leed bearing Doc.No.2797 o1 2012 dated 37.07 .2072. Thereafter, petitioner illo.1 with an intention to sell the subiect property to petitioner N-o.2 exccLtted the sale deed and approached the respondent No.3 for registration of the subject document. Horvever, respondent No.3 refused to register the same on the ground that thr: subject property is in prohibitorv property list. Aggrieved by such rejection, this writ petition is filed 4 Learned counsel appearing for the petitioners nould sLrbmit that in similar circun-rstancc this Court in W.P.No.10351 of 2t)24 aidc :ntcrim order dated 22.04.2024, passed the following order:- "ln viev,oJ the above and for the reasons alike in the onler, dctled 11.12.)()23 and 28.08.2022. there shall be interim ditection to respondcnt-authority to receive, regisler and relcase the subjecl documenls presented by the petitioners, without re-ference to the L a(L[ Gazette notiJication, dated 09.02.1989 at 51.No.2746, on compliancc ryf lhe provisions' of the Registtolion Act, 1908 and th,:: Indian Stump Act, 1899. The regi,ttration be carried out a,fter ascerlining lh( status of Iand as reflected in the revenue record. The parlies ure prohibited from Ttrogsscling with further conveyance of the property ,?rcept otl obtainin.q required permission .from this Court. Furlher, the regi-,;trotion shall be subject to the final result o,t tfis Wri! Petition. --,Registry to make an endorsement,to the elJect,thtll the Wrtt Petition shall not be permitted to be tuithdrawn. " Learned counsel would further pray this Court to direct the registering authority to register and release the subject document 3 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 tlrc Telangana Stnte Wad Board, Hyderabad, has furnished a list ns Notified No.35, published in AP Gazzeette, Patt' 1l dnted:27.08.1987 issued by Stnte Wakf Board in respect of 289 to 294, 306 part situated at l K colony, MaLkajgiri ttillnge, Malkaigiri MandaL falls unrler Wakf Board Property list and not to functions any transactions on abot e said Suraey No.289 and 294, 306 part and 309 part. 2.As per this offce Prohibited uatch Registrar, furnished by C/o.Thnsildnr, Malknjgiri Mandal, MM dist aide Lr.No.B/SPI/2015, dt:02.09.2015 has stated tltnt Suntey No.289 to 294, 306 part and 309 pnrt is in prohibitory is n IVAKF Board) land.."

6. Learned Assistant Government Pleadcr 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 Bcnch 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 Acl provides a remedy lo an aggrieved porly to approach the Slate Government for deletion of his property from the notificalion. It has further been held that if any such application is made, lhe competent authority has to afford an opportunity of hearing and an opportunily to produce malerials/documents in supporl of such a claim. The claim made by an aggrieved person has to be deall with by a speaking order. It has further been held I . :;. 4 thdt in cu.te :juch an applicalion is made under Se,:tion 22Ai4) of the Att, the .same has to be decided within a period oJ' three months. lt has also been held that the mechanism providcd tmtler Section ,)2A(1) o/ lhe Act shall not preclude the pa;ties to Jili: any olher uppropriate proceeding, including tivil .suit, .fitr similar or approl-triate relief.

8. Learneci Assistant Government preader for St.,ps a.cr Registration submits that thc petitioners has not made any rep resen tation before the competent authority to remove the subject property from the prohibited list. It further submitted that if the petitioners makes rcpresentation// applica tion and submit his grievance, the rcspondent authoritics v,,<,uld consider the same and pass appropria le orclers i, accordance r.r,ith Iart,.

9. At this stage, learned counsel for petitionerrs subn.Lits that the petitioncrs may be pennitted to make representation/ application for cleletion of the subject property from the prohibitorv proper.ties list and further pral- this Court to direct the respon<.lent authc,rities to i:onsider and dispose the same u.ithin a time bond period.

10. In vieu, of the submission made by tl-re learnecl counscl on either side and without cxpressing any opinion on merits of the case, this writ petition is disposed of, granting liberty to petitioners to make rcpresen ta tion/ application for deletion of the subjcc: pr.opert_V from the prohilritory properties list, within a period of one (01) week from the datc of rcceipt of copy of this order ancj on such representation, the rcsponrlent \ 5 authorities are directed to dispose the same and pass appropriate orders stlictly in accordance with law, as expeditiously as possible, preferably, / within a period of three (03) weeks from the date of receipt of a copy of petitioners' repr esentation/ application. \ To,

11. Accordingly, this writ petition is disposed of . Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// sD/- N. SRIHARI AssrsrANr REGTnAR SECTION OFFICER -Telanoana' District, Telangana. Nampally, HYderabad. Telanoand. Secratrariat, Hyderabad

1. The Principle Secretary, Stamps dnd Registration Department' The State of Z. ftre oisirict Registrar, Med-chal- Malkajgiri Districl, 5. iil; il-6 ii;giiirai, r'/ir6i-fi3rri- C"6i.i.1ion omc", M"edcrrar- Malkajsiri a. iht Ctiidt exe"cutive omcer, The Telangana State Waqf Board, Haj House' 5. G; bdib t\iIi. .rrrIS LAW FIRM ADVOCATES & ASSOCIATES, AdVOCAIC o. 5ne-ct to sRl FARHAN AZAM KHAN, SC t91lQ v-vnoF BoARD toiycl i: i;; cc.i" cP ron srArvps AND REGlsrRATloN, High court for the 8. Two CD CoPies I State of Telangana. [OUTI toPUcl BN/BN I I HIGH COURT DATED:0310212025 / , ORDER WP.No.2843 of 2025 S.AI€ a) $'e / l$ '\1 t'.8 ?t?r a t-,, t"t ,':'. lr' 'j g +" DISPOSING OF THE WRIT PETITION WITHOUT COSTS