Telangana High Court
S. Janachaitanya Housing P Limited vs The Subregistrar on 1 April, 2025
THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.4764 of 2025
ORDER:
This writ petition is filed seeking the following prayer:
"to declare refusal of registration orders passed by the 1st respondent in Refusal Order Nos.1, 2 and 3 of 2025, dated 21.01.2025 relating to the sale deeds bearing pending document Nos.471, 472 and 473 of 2024, dated 23.12.2024 concerning the part of the land in Sy.No.250 of Manikonda Jagir village, Gandipet Mandal, Ranga Reddy District as arbitrary, illegal and contrary to the law laid down by the Supreme Court of India in 2022 SCC ONLINE SC 159 and also for the reason that there is no waqf gazette notification covering the subject land situated in Sy.No.250 of Manikonda Jagir village, Gandipet Mandal, Ranga Reddy District and resultantly set aside the said refusal orders and consequently direct the 1st respondent to forthwith register and release the pending sale deeds referred above to the petitioner after due registration."
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2. Heard Sri Vedula Venkata Ramana, learned senior counsel for Sri Ch. Lakshman Kumar, learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3 and Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent No.4. Perused the record.
3. Facts in brief are as follows:
Petitioner is a private limited company being represented by its authorized officer submits that they are the lawful owners and had executed three (3) sale deeds dated 23.12.2024 in respect of small extents of lands situated in Sy.No.250 of Manikona Jagir village, Gandipet Mandal, Ranga Reddy District in favour of prospective purchasers and presented the said three (3) sale deeds for registration before respondent No.1 after due payment of the stamp duty and registration fee. It is their case that the said three (3) sale deeds were given pending document numbers viz., P-471/2024, P-472/2024 and P-473/2024, NVSK,J W.P.No.4764 of 2025 3 all are dated 23.12.2024 and the registration of the said pending sale deeds were refused by the impugned refusal orders bearing Nos.1, 2 and 3 of 2025, all are dated 21.01.2025 respectively on the following grounds:
"As seen from the prohibited property list of this office, the said Survey Number 250 part of Manikonda Jagir village is prohibited for registration under Section 22A of the Registration Act, 1908 as per Chief Executive Officer, A.P. State Waqf Board Letter No.93/LR/(a)/RR/2007 dated 10.12.2004."
Aggrieved by the said orders, petitioner filed the present writ petition.
4. Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioner submits that the impugned refusal orders rejecting to register the aforesaid three pending sale deeds is contrary to the law laid down by the Hon'ble Apex Court in case of State of Andhra Pradesh (Now State of Telangana) v. A.P. State Waqf Board NVSK,J W.P.No.4764 of 2025 4 and others1, wherein the Hon'ble Apex Court has held that the lands in Manikonda Jagir village are not Waqf lands at all and by virtue of the said order, the impugned refusal orders of respondent No.1 are unsustainable in law.
5. In support of his contention learned senior counsel draws attention of this Court with regard to the three (3) refusal orders bearing Nos.1, 2 and 3 of 2025, all are dated 21.01.2025, wherein the Sub-Registrar, Serilingampally / respondent No.1 refused the said three (3) sale deeds stating that from the prohibited properties list, the said land in Sy.No.250 Part of Manikonda Jagir village is prohibited for registration under Section 22-A of Registration Act, 1908 as per the Chief Executive Officer, A.P. State Wakf Board, Hyderabad letter bearing No.93/L4/(a)/RR/ 2007, dated 10.12.2014. 1 2022 SCC ONLINE SC 159 NVSK,J W.P.No.4764 of 2025 5
6. Learned senior counsel also draws attention to the three proceedings issued by the Zonal Officer, HMDA, Serilingampally vide proceedings bearing Nos.458/LRS/ ZO-SKP/HMDA/2013, 459/LRS/ZO-SKP/HMDA/2013 and 460/LRS/ZO-SKP/HMDA/2013, all are dated 08.01.2013 for regularization of unapproved layouts / Plot Nos.212 and 213 of Sy.Nos.250/Part and 251/Part respectively situated at Manikonda Jagir village, Rajendranagar Mandal, Ranga Reddy District, subject lands in question, wherein regularization orders were issued in respect of the aforesaid un-approved layouts.
7. Learned senior counsel further submits that the State of Andhra Pradesh (Now State of Telangana) had filed appeals against the orders passed by the High Court of Judicature, Hyderabad on 03.04.2012 in W.P.Nos.6148, 17192, 20372, 20614, 23578 and 28112 of 2007 and 4515 of 2008, whereby the writ petitioner challenged the Errata Notification dated 13.03.2006, published in the Official Gazettee of the State of Andhra NVSK,J W.P.No.4764 of 2025 6 Pradesh on 06.04.2006 on behalf of Andhra Pradesh Wakf Board, were dismissed. He would further submit that the subject survey numbers are part of said Errata Notification and the Hon'ble Apex Court has allowed the Civil Appeals and the operative portion of the said order is extracted for the sake of facility:
"194. In view of the above, we pass the following order:
i) The Civil Appeals are allowed. The orders passed by the High Court are set aside.
ii) The Errata notification dated 13.3.2006 is quashed. The Land admeasuring 1654 Acres and 32 guntas vest with the State and/or Corporation free from any encumbrance.
iii) In terms of Section 10(2)(i) of the Commutation Regulation, 90% of the gross basic sum referred to in Section 4 of the Commutation Regulation is payable to the Dargah. The arrears shall be calculated and paid to the Dargah within 6 months."
Learned senior counsel further submits that since the said Errata Notification dated 13.03.2006 is quashed and NVSK,J W.P.No.4764 of 2025 7 the said lands are no more Waqf lands, as such, the reasons stated in the impugned refusal orders in terms of the orders passed by the Chief Executive Officer, A.P. State Waqf Board vide Letter No.93/L4/(a)/RR/2007, dated: 10-12-2014 are ex facie illegal and eventually he would pray to allow the Writ Petition and direct the respondents to register all the documents and confines the prayer only to the extent of registration.
8. The Hon'ble Supreme Court while allowing the Civil Appeal Nos.10771, 10772 and 10774 of 2016 at Paragraph No.195 held as follows:
"195. These appeals are on behalf of alleged tenants or pattadars under the jagirdar. It has been asserted that they started paying rent to the State after abolition of jagirs and claim possession on some part of the land which is now part of the impugned Errata Notification. The arguments raised by the appellants have been incorporated in the main judgment. For the reasons recorded above, the appellants are at liberty to seek remedy for the redressal of their NVSK,J W.P.No.4764 of 2025 8 grievances before an appropriate forum in accordance with law. These appeals are accordingly disposed of.
9. Per contra, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3 supports the refusal orders, dated 21.01.2025. Learned Assistant Government Pleader has placed written instructions, dated 17.02.2025 of the Sub-Registrar, Serilingmpally / respondent No.1, which reads as under:
"I am to submit that the petition herein filed a writ petition through No. 4764 of 2025 in the Hon'ble High Court of Judicature, Telangana at Hyderabad in respect of registration of Sy.No.250 of Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District.
Further I am to submit that the said Sy No 250 of Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District is prohibited for Registration under Section 22-A of Registration Act 1908 as per Chief Executive Officer A.P. State Wakf Board Hyderabad, Letter No. NVSK,J W.P.No.4764 of 2025 9 93/L4/(a)/RR/2007, Dated: 10-12-2014 addressed to the Commissioner and Inspector General, Registration & Stamps, Telangana, Hyderabad."
10. The Hon'ble Supreme Court vide order dated 07.02.2022 allowed the Civil Appeals and quashed the Errata Notification, dated 13.03.2006, and held that land admeasuring 1654 acres 32 gunts vest with the State and/or Corporation free from any encumbrance. By virtue of the said order the A.P. State Waqf Board cannot claim any rights on the subject property in the present writ petition.
11. It is to be noted that in the said order, the Hon'ble Supreme Court clarified that the Government has absolute right on the said property and also granted liberty to the parties therein in Civil Appeal Nos.10771, 10772 and 10774 of 2016 to seek remedy for redressal of their grievance before any appropriate forum, in accordance with law.
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12. Therefore, by virtue of quashing the Errata Notification dated 13.03.2006, in which the petitioner's lands are claimed and by declaration that the subject lands vest with the Government, the submissions of learned senior counsel appears to be misconceived and same cannot be considered in the right perspective. The petitioner being private party has no right or interest over the subject property. It is further to be noted that the petitioner has not filed any document / sale deed in support of their title. However, a reference is taken to the registered sale deeds of their vendors in the recitals made in the sale deed. Having considered the submissions made by the learned senior counsel, this Court deems it appropriate that the petitioner and its vendors claim on the property cannot be sourced in this writ petition. Therefore, in absence of the same and in the light of the Hon'ble Supreme Court order, dated 07.02.2022, the prayer sought in the present Writ Petition is not sustainable and no Mandamus can be issued under NVSK,J W.P.No.4764 of 2025 11 Article 226 of Constitution of India, directing the Sub- Registrar, Serilingampally / respondent No.1 for registering the aforesaid three sale deeds. For the reasons stated above, this writ petition fails and is liable to be dismissed.
13. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________________________ JUSTICE N.V. SHRAVAN KUMAR Date: 01-04-2025 PN