Telangana High Court
Mohd. Yousuf Anwar vs The State Of Telangana on 9 November, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.40064 OF 2022
ORDER:
Heard Mr. M.Damodar Reddy, learned counsel for the petitioners and learned Government Pleader for Stamps and Registration and Mr. Abu Akram, learned Standing Counsel for the respondents.
2. The issue involved in this Writ Petition is considered by this Court in W.P.No.21952 of 2021 and the same was disposed of by an order dated 09.11.2022. The relevant portion from the said order reads as under:-
"A perusal of the said refusal order shows that basing upon a letter said to have addressed by the Telangana Wakf Board bearing letter No.93/14(a)RR/2007 dated 10.12.2014, the subject land situated in Survey Nos.185, 186, 195, 196 and 194 of Manikonda Jagair Village were included in the prohibitory properties' list. A perusal of the said letter dated 10.12.2014 shows that the subject survey numbers along with several other survey numbers of Manikonda Jagir Village were declared as Wakf properties and notified as such in A.P. Gazette No.6-A dated 09.02.1989 and Gazette No.14 dated 06.04.2006. It is further evident from the said letter that the validity of the said Gazette notifications is the subject matter before the Hon'ble Apex Court in the pending S.L.P.No.13954 of 2012 and the Hon'ble Apex Court passed an interim order dated 26.07.2013, which reads as under:-
"Henceforth any transaction entered into by the petitioner shall be subject to the final adjudication in the present Special Leave Petition. It is also clarified that for any transaction that the petitioner may henceforth enter, the pendency of the above matter and the interim order that was passed by this Court on 08.05.2012 shall be intimated to the concerned party."
2 MSK,J W.P.NO.40064 OF 2022 In the light of the said interim order passed by the Hon'ble Apex Court, the Telangana Wakf Board requested the registering authorities to comply with the said order and to communicate the copies of sale deed that are executed in respect of the subject survey numbers to the Wakf Board. In terms of the interim order passed by the Hon'ble Apex Court, any alienations that took place during the pendency of the S.L.P. were directed to be subject to the result of the said S.L.P. Now, it is brought to the notice of this Court by Mr.M.Damodar Reddy, learned counsel for the petitioner, that the Hon'ble Apex Court granted leave in the said S.L.P. and consequently, the same was numbered as Civil Appeal No.10770 of 2016. The said S.L.P. came to be disposed of by the Hon'ble Apex Court by an order dated 07.02.2022 setting aside the above referred Gazette notifications wherein the subject survey numbers were declared as Wakf properties."
3. In the light of the above, the action of the respondent- Sub Registrar in refusing to receive and process the documents presented by the petitioners for registration in respect of the subject property is not sustainable.
4. Accordingly, the Writ Petition is allowed directing the fourth respondent to receive, process and release the document presented by the petitioners in respect of the subject property without reference to the letter addressed by the respondent-Wakf Board and the Gazette notification namely A.P. Gazette No.6-A dated 09.02.1989 and Gazette No.14 dated 06.04.2006 and complete the same within a period of three (3) weeks from the date of presentation of the document by the petitioners.
3 MSK,J W.P.NO.40064 OF 2022 There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
_____________________________________ (MUMMINENI SUDHEER KUMAR, J) 9th November 2022 RRB