Telangana High Court
Sri Mannem Chaitanya Kumar vs The State Of Telangana on 10 January, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.790 of 2024
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4 and Mr. Farhan Azam Khan, learned Standing Counsel appearing for respondent No.5.
2. This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondent-Registering authorities in orally declining to receive and register the sale deed in respect of Flat No.304 on third floor in 'Kuchipudi Residency' having super built up area admeasuring 1972 Sq. Ft. (including common areas and car parking) together with proportionate undivided share of land admeasuring 53 Sq. Yards out of total admeasuring 1284 Sq. Yards on Plot Nos.56/A, 57/A, 73/A, 72/A, 58/A and 71/A in Survey Nos.185, 186, 194, 195 and 196 of HUDA tentative approved layout named as Sri Lakshmi Nagar colony situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, as illegal, arbitrary and unjust violative of the Indian Stamp Act and the Registration Act and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent-Registering authorities to receive and register the sale deed presented by the writ petitioner.
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3. Learned counsel for the petitioner submit that the petitioner is the absolute owner and possessor of Flat No.304 on third floor in 'Kuchipudi Residency' having super built up area admeasuring 1972 Sq. Ft. with an undivided share of land admeasuring 53 Sq. Yds. out of total admeasuring 1284 Sq. Yds. on Plot Nos.56/A, 57/A, 73/A, 72/A, 58/A and 71/A in Sy.Nos.185, 186, 194, 195 and 196 of HUDA tentative approved layout named as Sri Lakshmi Nagar Colony situated at Manikonda Jagir Village, Rajendra Nagar Mandal, Ranga Reddy District. He would submit that the petitioner has owned his property by virtue of Registered Sale Deed bearing document No.1058 of 2014, dated 18.03.2014. He would further submit that the petitioner now wants to alienate the above stated house flat in favour of a third party purchaser, who is willing to purchase the same. Accordingly, the petitioner has approached respondent No.4 for ascertaining the stamp duty and registration charges for registration. He further submit that respondent No.4 has orally informed that he is not entertaining registration of any documents in respect of the subject residential flat.
4. Learned counsel appearing for the petitioner would submit that the issue involved in this writ petition is squarely covered by the common order passed by this Court in W.P.No.26943 of 2023, dated 27.09.2023, which reads as under:
"5. Learned Standing Counsel for Telangana State Waqf Board submits that the Waqf Board received adverse orders in the Special Leave Petition that was filed before the Hon'ble Supreme Court and Review Petition is pending. In the orders that were referred by the learned counsel for the petitioner i.e. in W.P.No.9768 of 2023, dated 11.04.2023, 3 the learned Judge referring to the earlier order that was rendered by this Court in W.P.No.21952 of 2021, dated 09.11.2022, observed as follows:-
"3. The issue of non-registration of the documents by the respondent/Sub-Registrar, in respect of the lands situated in various survey numbers of Manikonda Jagir Village, is considered by this Court in W.P.No.21952 of 2021, dated 09.11.2022, by taking note of the order passed by the Hon'ble Apex Court in Civil Appeal No.10770 of 2016, dated 07.02.2022, and allowed the said writ petition directing the respondents therein to receive the returned document and to process the same for registration, without reference to the letter addressed by respondent - Waqf Board and the Gazette Notifications referred to therein. The relevant portion from the said order reads as follows:
"3. 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."
4. 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.
5. 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.
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6. In view of the disposal of the above referred S.L.P. i.e. Civil Appeal No.10770 of 2016 by an order dated 07.02.2022, the respondent-Wakf Board cannot be said to have any further claim in respect of the subject properties. In the circumstances, there cannot be any impediment for the registering authorities to register in respect of the subject properties on the ground that the subject properties are Wakf properties."
4. In the light of the above, this Writ Petition is also disposed of directing respondent No.4 - Sub-Registrar to receive, register and release the document sought to be presented by the petitioner in respect the subject property, without reference to the letter, dated 10.12.2014 addressed by the respondent - Wakf Board and the Gazette Notifications vide A.P. Gazette No.6-A, dated 09.02.1989 and the 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 petitioner. There shall be no order as to costs."
5. Learned counsel for the petitioner would further submit that similar order may be passed in this Writ Petition.
6. Learned Assistant Government Pleader for Stamps and Registration and learned Standing Counsel for Waqf Board have not disputed the same and submits that similar order may be passed in this writ petition.
7. Having considered the submissions thus made and as no grounds are shown for dishonouring the request of the petitioner and further, as the Registering Authority has no power to orally refuse to register the document, this Writ Petition is disposed of with the following direction:-
"The Registering Authorities is directed to receive and register the document sought to be presented by the petitioner in respect of subject property i.e., Flat No.304, situated in 3rd floor in 'Kuchipudi Residency', having super built up area admeasuring 1972 Sq. Ft., with an undivided share of land admeasuring 53 Sq. yards out of 1284 Sq. yards, on plot Nos.56/A, 57/A, 73/A, 72/A, 58/A and 71/A in Sy.Nos.185, 186, 194, 195 and 196 of HUDA tentative approved layout named as 5 Sri Lakshmi Nagar Colony situated at Manikonda Jagir Village, Rajendra Nagar Mandal, Ranga Reddy District, subject to the compliance of the provisions of the Registration Act, 1908 and the Indian Stamp Act 1899, within a period of three (03) weeks from the date of receipt of a copy of this order. No order as to costs.
Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 10.01.2024 NDS 6 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.790 of 2024 Date: 10.01.2024 NDS