High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, Direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.7 in issuing letter No.811227312023, Dated 22-9-2023 including the house plot in survey No 33/5 of chengicherla village of [\/edchal Malkajgiri District in the prohibitory list U/s 22 (A) (t ) (c) of Registration Act is arbitrary, illegal and consequently declare the action of the respondent No 5 in not registering the sale deed by passing refusal order vide. No B of 2024 in respect of open plot No.16O in Sy.No.33/5, admeasuring 150 Sq.Yards ot 125.4 square meters situated at Sree Kanka Durga Nagar, Chengicherla Village, Boduppal Municipal (lorporation, Medipally Mandal, Ivledchar-Markajgiri District, Terangana state ars,: arbitrary iilegar and further direct the respondent No 5 to register and rerease the sare deed vide p- 86 of 2024 lA NO: 1 OF 2024 Petition under section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.5 to register and rerease the sare Deed vide pending document No, P-86 of 2024 in respect of open ptot Nc.160 in Sy.No.33/5, admeasuring 150 Sq.Yards or 12s.4 square meters sitr-ated at Sree Kanka Durga Nagar, Chengicherla Village, Boduppal I\,4unicipal Corporation, Medipally lrilandal, IVedchar-Markajgiri District, Terangana state pendrng disposar of the Writ Petition Counsel for the Petitioner: SRl. R. VENKATESHAM counsel for the Respondent Nos. 1to5: Gp FoR srAMps AND REGlsrRATloN Counsel for the Respondent Nos.6&7: Gp FOR ENDOWMENTS The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.7 448 of 2O24 ORDER: This writ petition has been filed seeking. a writ of mandamus to declare the action of the respondent No.7, Assistant Commissioner, Endowments Department, in issuing letter No.Bl/2273/2023 dated

22.09.2023 including the house plot No.160, admeasuring 15O square yards, situated at Sree Kanaka Durga Nagar, Chengicherla viilage, Boduppal Municipal Corporation, Medipally Mandal, Medchal_ Malkajgiri District, (hereinafter referred to as .the subject property,) in the prohibitory list under Section 22(A) (t) (c) of the Registration Act as illegal and arbitrary and consequently while declaring the action of the respondent No.5, Sub,Registrar, Narapally, Medchat-Malkajgiri District, in not registering the sale deed by passing refusal order vide No.8 of 2024 rn respect of the subject property as illegal direct the respondent No.5 to register and release thc sale deed vide p-g6 of

2. It is the case of the petitioner that she is the absolute owner and possessor of the subject property having purchased the same vide registered Document bearing No-1423 of 2016 dated 10.O3.2016. Whiie so, with an intention to sell the subject property, petitioner executed the sale deed dated 15.12.2023 in favour of the prospective buyer and presented the same before the respondent No.5 for registration. However, she was informed that the subject property 2 w.P. No.?44a of 2()24 cannot be registered as it is included in the prohibitory list as per the letter No.B1/2273/2023 dated 22.09.2023 issued bv the respondent No.7 stating that the subject property comprised in survey number is an Endowment property and therefore the same is included in the prohibitory list under Section 22lA) lt) (c) of the Regislration Act, 1908 and requested not to entertain any registrations in respect of the said survey number. Placing reliance on the aforesaid letter the respondent No.5 kept the sale deed pending vide pe:-rding document No.P 86 of 2023 and thereafter passed refusal order vrde No.g ol 2024 dated 28.02.2024. Questioning the same, the petrtioncr htcd the prcscnt writ petition.

3. On behalf of the respondent No.7, while dc nyir.rg the writ averments, counter affidavit has been filed, inter alia, stating that the petitioner has filed the present writ petition without exhausting alternativc remedy of appeal as available under Section 72(ll of thc Rcgistration Act, 1908. It is further submitted that the instant litigation pertains to TLP Charities No.lO, Uppal ltoacl, Tarnaka, Secunderabad was founded on 07.09.1966 for chantable purposes and the subject Trust was registered under the pr,:visions of the Section 38 of the Endowments Act, lZ of 1966 (Repealed) vide Registration Certificate No.68, dated 04.06.Ig76. It is further submitted that the petitioner is trying to claim the enrlowecl property as private property without any coherent or cogent eviclence. It is further submitted that the petitioner ought to have sought J w-P No_2448 ot ZO24 declaration of her title at the Iirst instance before the Telangana Endowments Tribunal under Section gT(11(c) of the Endowments Act 30 of 1987. Instead of rloing so, the petitioner filed the present writ petition 4 It is further submitted that no orders have been passed by any of the authority deciaring the petitioner,s plot as private land and there is no evidence to suggest the same. Once the property is entered in Section 3g Register of the subjcct Instltution, thc same cannot be alienated without the consent of the Commissioner of Endowments

5. It is further submitted that the Hyderabad District Collector has issued proceedings, assigning of District Gazette number and date for L.R. No.REV/D2 /Dt /GAZE/OOt /2O2t for Endowments Department lands Secunderabad detailing landed properties relating to the temples/institutions and covering properties of rl-p charitable Trust is 6(c) Institution to an extent of Trust Sy.No.33, Acs.3.4 guntas at Tarnaka and Sy.No.33/5 and 33/10 Acs.30.23 guntas at Chengicherla and that the subject properties have been endowed in the year 197O itsetf.

6. It is further submitted that a letter has been addressecl by the respondent No.7 vide letter No.Bl/2273/2023 dated 22.09.2O23 to the registering authority not to entertain any registrations in respect o[ the aforesaid lands including the subject property. Based on the 4 w P. No.'r44A ol 2024 said letter, the registering authority has rightly refused to register the subject property.

7. Today, when the matter has been taken up for hearing the learned counsel for the petitioner is not present in the morning as well in the afternoon session.

8. It is averred in the writ affidavit that prior to including the subject property in the prohibitory list, neither the petitioner was put on notice nor any opportunity was granted to the petitioner to offer explanatron.

9. In the aftcrnoon session, the learned Assistant Government Pleadcrs appearing for the respondents No.5 as well respondent No.7 have brought to the notice of this Court that the subj,:ct matter of this writ petition is squarely covered by the order passed by this Court in W.A. No.500 of 2012 dated O9.10.2012 and sougl-rt to dismiss the present writ petition.

10. The main grievance of the petitioner is that though the subject property is private property, respondent No.7, Endowment Department, is claiming rights on the subject property. Respondent No.5 passed impugned refusal order to register the subject property based on the letter dated 22.09.2O23 addressed by the respondent No.7 requesting the registering authority not to entertain the subject property for registration, 5 w P_ No.744A ot 2024 1 1. It is significant to note here that a similar issue was fell for consideration before the Hon'bre Division Bench of this court in W.A. No.500 of 2072, which was disposed of on 09. tO.2Ot2. The said appeal was preferred by the writ petitioner in W.p. No.27552 of 2OlO wherein challenged the refusal endorsement dated,22.o9.2o1o issued by the Joint Sub Registrar, Kadapa, refusing to reglster the subject document therein. It was stated that the subject property therein is owned by the Endowments Department and since there is a prohibition under Section 22-AlL)(c) of the Registration Act, 190g, the land in question cannot be registered. The learned Single Judge, after hearing the learned counsel appearing for the parties, dismissed the writ petition taking into account that the petitioners might have purchased the property in question and continued enjoyment thereof, but, if the purchase of the land is owned by an Endowment Institution, then automatically Section 22 A of the Registration Act will apply and it was held that once the claim is made by the religious institution, the only Forum, which can adjudicate upon the disputes, is the Endowments Tribunal and accordingiy gave liberty to the petitioners to avail the said remedy under Section g7 of the Andhra Pradesh charitable and Hindu Religious Institutions and Endowments Act, 1987. Being dissatisfred with the order passed in W.p. No.27522 of 2O10 dated 17.O2.2O12, petitioners therein preferrecl an appeal in w A No.5o0 of 2ol2 and the Division Bench of this court dismissecl the appeal vide order datedo9.1O.2O12. The relevant portion of thc order of the appeal reads as under: 6 NVSK, J w P. rlo.744a of 2024 "Learned counsel appearing in support of the appellants tried to impress upon us stating that the property belongs to them anrl the Endowment religious institution cannot clairn that it is the owner of the saicl property. Accorclingly, he tried to sllbmit before us that the Re5listrar should have registered the document in qu,tstion and the communication, which has been made by the Contmissioner on 5.5.2009, also cannot be sustainable in the eye of law in these facts and circurlstances oI tl-re case. However, we have considered the lact: and circumstances of tl-re case and also examined the material placed before us. After consic ering Section 87 of the Act, in our opinion, the remedy is before tl'rc said authority as specifically stated by LIis Lordship. Accordingly, we do not intend to interlere with the said order, since the said crder does not suffer from any illegality or irregularity ancl, on the contrary, we afhrm the said trder passed by His Lordship, since we do not fincl any merit in this rvrit appeal_ Accordingly, the writ appeal is dismissed. Hor,vever, liberty rs granted to the petitione fs to apply before tl.re said authorify and substarrtiate therr case in the matter in question. No ordr:r as to cos ls. "

12. Coming to the case on hand, the petitioner tried to impress upon this court that she is the absolute owner and rlossessor of the subject property and the Bndowments Department cannot claim that it is the owner of the said property. Accordingly, the registering l authority should have registered the slrbject document and the communication of impugned intimation of refusal No.99 of 20)4 dated 28.02.2024 cannot be sustainable in the eye 01 law. Since the respondent No.7, Endowments Department, claiming rights over the subject property and based on its letter dated, 22.O9.2023, the subject property has been included under Section 22_A( l)(c) of the Registration Act, 19O8, and having affirmed the observation made by the learned Single Judge that once the claim made by the religious institution, the only Forum, which can adjudicate upon the disputes is the Endowments Tribunal, as held by the Hon,ble Division Bench of this Court in W.A. No.5O0 of 2012. For the aforesaid reasons and legal position, this Court is of the considered opinion that this writ petition is liable to be dismissed.

13. Accordingly, this writ petition is dismissed with a liberty to the petitioncr to avail the remedy as available under Section g7 of the Telangana Charitable and Hindu Religious Institutions and Endowmcnts Act, 1987 before the Endowments Tribunal. Thcrc shall be no ordcr as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.N. SRIHARI STANT REGISTRAR AS SECTION OFFICER To, 1 2 J 4 One CC to SRl. R. VENKATESHAM, Advocate [OP cl Two CCs to GP FOR STAMPS AND REGISTRATTON ,High Court for the State of Telangana at Hyderabad [OU! Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies BM Yu GJP \' HIGH COURT DATED:0610212025 I ) -4---: (ire s rare 3 0 t{AY 20[ o .A+ I €SpA rc\1tO \ ,, i ) I I ORDER WP.No.7448 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS 6*s'' YKp ";tc)\-