Gowra Reddy v. Government of ndhra Pradesh) and the judgment of this Hon'ble Court in W.P. No
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Sri Shazaad Rohinton Chesun, S/o: Sri Rohinton Dorab Chesun, aged about 38 years Occ. Private Employee, R/o Flat No.202, Aakruthi Township, Opp NTR Statue, Boduppal, Hyderabad. 500 092 ...PETITIONER AND 1 The Sate of Telangana, rep by Principal Secretary Revenue (Stamps and Registration department) Secretariat, Hyderabad 2 The District Registrar, N4edchal- It/alkajgiri District, Keesara The Sub Registrar Office, Stamps and Registration Department, Uppal 4 The Telangana State Waqf Board, rep by its Chief Executive Officer, Haj House, Nampally, Hyderabad. I ...RESPONDENTS Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue of writ of [/andamus or any other appropriate wrrt deciaring 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 fiat bearing Flat No.314'Third Floor bearing It4unicipal No.9-221A11511314 (PTl No.1197028383) with built-up area of 450 square feet (including common areas) and car parking area together with share undivided land admeasuring 19 Square yards or '15.88 Square Meters out of total land admeasuring 4869 Square Yards of building complex called SVs PRIDE CHINTALAPALLY NARSINGA RAO RESIDENCY in Sy No. 150 and 151 situated at Boduppal Village under Boduppal tMuniciplal Corporation Medipally, tvlandal, [/ledcha l-[Valkajg iri District on the ground that the said property is part of the waqf gazette notification dated 09.02.1989 at. Sl. No.2746 is arbitrary and illegal since the said gazette notification was set aside by this court in 2002 (3) ALT 439 (8. Gowra Reddy Vs. Government of .\ndhra Pradesh) and the judgment of this Hon'ble Court in W.P. No. 21896 of 2C23 dated 11-12-2023 and also in W.P. No. 16142 of 2023, daled 12.07.2023 and also in l. A No. 1 of 2020 in W.P. No. 11599 of 2020, dated 28.08.2020 and also in l.A. No.1 of 2024 in W.P. No.4903 of 2024 dated 18-03- 2024 and also in I.A No.1/2024 in WP.19600/2O24 defted 31-07-2024. and consequently direct the respondent - registration author ties to entertain and register the sub ject property in Sy. Nos. 150 and 151 of Boduppal Village and lrlunicipality, lVerdipally Mandal lvledchal - IValkajgiri District as and when the petitioners exec rte and present sale deed in respect of the said property in the office of the Respondent No.3, without reference to tl-e said waqf gazette notification and release the registered sale deed to the petitioner. lA NO: 1 OF 2024 Petition u rder Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the Respondent Nos.2 and 3- registration authorities to ent,3rtain and register the sale deed that rray be presented by the petitioners in respect of the flat bearing Flat No.314 lhird Floor bearing [Municipal No.9-!121Al 1511314 (PTl No.1 1 97028383, with built-up area of 450 square feet (includirig common areas) and car parking area together with share undivided land aC measuring 1 9 Square yards or 15.88 Square lvleters out of total land admeasuring 4869 Square Yards of building complox called SVs PRIDE CHINTALAPALLY NARSINGA RAO RESIDENCY in Sy No 150 and 15'1 situated at Boduppal Village under Boduppal lVlunicipal Corpc,ration It/edipally, [\.4andal, t\,4edchal- Malkajgiri District, without reference to the waqf gazette notification dated 09.02.19{19 at S1.No.2745 and release the registered sale deed to the petitioner pending disposal of the writ petition. lA NO: 2 OF 2024 Between: Sri Shazaad Rohinton Chesun, S/o: Sri Rohinton Dorab Chesun, aged about 9.4_1":p. Occ Private. Employee, Ry_o-ftg-t No. 202, Aakruthi towninip, Opp NTR Statue, Boduppal, Hyder'abad. 500 092 ,..PETITIONER AND 1 2 4 5 o The Sate of Telangana, rep by Principal Secretary Revenue (Stamps and Registration department) Secretariat, Hyderabad' The District Registrar, t\,4edchal- A/lalkajgiri District, Keesara The Sub Registrar Office, Stamps and Registration Department, Uppal The Telangana State Waqf Board, rep by its Chief Executive Officer, Haj House. Nampally, Hyderabad. Sri Vemula Srikanth, S/o: Sri Vemula Papi Reddy, aged about 30 years, Occ: Pvt Employee, R:/o.H. No.B-3-3.15/.1 .,l, N/aruihi Nagar, Srinagar Colony Hyderabad-73 Smt. Vemula.fushga, W/o:Sri Vemula Papi Reddy, Aged about 58 years, Occ: Housewife, Rl/o_H.No_3-45, Duggondi Laxmipur, Warangal Dist;ict-T.'S ...RESPONDENTS ...PROPOSED RESPONDENT NOS.5 AND 6 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to lmplead the Proposed Respondents as Respondent Nos.s dnd 6 in the above W.P.No. 27 628 ol 2024 as well as in the miscellaneous petitiSns if any, in the lnterest of Justice on order or orders this Honble court may deem fit and proper in the circumstances of the Case. Counsel for the Petitioner: SRI K. SADANAND Counsel forthe Respondent Nos.1 to 3: GP FOR STAMpS AND REGISTRATION Counsel for the Respondent No.4: SRI FARHAN AZAM KHAN, SC FORWAQF BOARD The Court made the following: ORDER t ,I'HE HON'BLE SRI .JUSTTCE K.SARATH WRIT PETITION No.2762a of 21024 ORDERT Learnecl Counscl appearing lor Lhe petitioner submits tl-rat no lurt.hcr crders are necessarv- in this nlatter irnd the causc in the Writ Petition does not survive and thereby, the Writ Petition has becomc in lructtr rus ?, I?t:cording the aforcmcntioned sut,rnission, the Vy'rit Petition is rtismissed as inlructuous. There shall irc no or lc r as to costs 3 As sequel to it, Nitiscellaneous Pet.ilibns, if any pending in t.his petiLion, shall stancl closed To, SD/. B.REKHA RANI &ssrsrar.rf necisinen //TRUECOPY/I ,\ 'I 1 i sscttoNoFFlcER 'l . One CC tc Sri K. Sadanand, Advocate [OPUC] \"1 2. fwo CCs 1o GP for Stamps And Registration, High Court for the State of 3. One CC tc Sri Farhan Azam Khan, SC for Waqf Board[t3PUC] 4. Two CD Copies Telangan: , at Hyderabad [OUT] - TJ TKS TT HIGH COI'RT DATED:0tt10712025 ORDER WP.No.27628 of 2024 r,- //"":: i,': i' -)i,l 1 \.. .:., \. .\ T I .,j a ':.. ,p \\ 7ii ../ g MPSE .../, I DISMISSING THE WRIT PETITION AS INFRUCTIJOUS WITHOUT COSTS e9 **'