Telangana High Court
Kamma Prasad vs The State Of Telangana on 26 July, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.19376 of 2023
ORDER:
Heard Sri M.Damodar Reddy, learned counsel for the writ petitioner, Sri B.Dilip Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 4 and Sri Farhan Azam Khan, learned Standing Counsel for Telangana State Waqf Board, who is representing respondent No.5.
2. This Writ Petition is filed questioning the action of respondent No.4 i.e., Sub-Registrar, Serilingampally, Rajendra Nagar, Ranga Reddy District, in declining to receive and register the gift deed presented by the petitioner in respect of Plot No.D-14, admeasuring 266 square yards in Sy.Nos.40/Part, 41, 43, 43/2, 44, 50, 51, 52, 53/1, 54, 55, 56, 57, 102/P, 102, 103/P, 103, 104 and 105, situated at Manikonda Jagir village and Municipality, Gandipet Mandal, Ranga Reddy district.
3. Learned counsel for the petitioner submits that though there are no grounds for rejection, the document was not at all received and therefore, the petitioner filed the present Writ Petition seeking necessary directions to the parties concerned. Learned counsel Dr.CSL,J W.P.No.19376 of 2023 2 further submits that the property located in the same area i.e., Manikonda Jagir Village, Gandipet Mandal, Ranga Reddy District, came up for consideration in W.P.No.9768 of 2023 and in the said Writ Petition, orders, dated 11.04.2023, were issued to the Registering Authority to receive and register the document and therefore, the present Writ Petition may be disposed of on similar lines.
4. Learned Assistant Government Pleader for Stamps and Registration submits that in case, the document is presented for registration and where the document complies with all the formalities, the Sub-Registrar would certainly proceed with registration.
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, 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 Dr.CSL,J W.P.No.19376 of 2023 3 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 theWakf Board. In terms of the interim order Dr.CSL,J W.P.No.19376 of 2023 4 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.
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 - Waqf 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."
6. 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 Dr.CSL,J W.P.No.19376 of 2023 5 register the document, this Writ Petition is disposed of with the following direction:-
The Sub-Registrar, Serilingampally, Ranga Reddy District, is directed to receive and register the document i.e., gift deed presented by the petitioner in respect of Plot No.D-14,admeasuring 266 square yards in Sy.Nos. 40/Part, 41, 43, 43/2, 44, 50, 51, 52, 53/1, 54, 55, 56, 57, 102/P, 102, 103/P, 103, 104 and 105, situated at Manikonda Jagir village and Municipality, Gandipet Mandal, Ranga Reddy district, subject to the compliance of the provisions of Registration Act, 1908 and Indian Stamp Act 1899; however without reference to the letter, dated 10.12.2014 addressed by the respondent - Waqf Board and the Gazette Notifications, vide A.P. Gazette No.6-A, dated 09.02.1989 and Gazette No.14, dated 06.04.2006. No order as to costs.
7. Miscellaneous applications pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 26.07.2023 Kkm Dr.CSL,J W.P.No.19376 of 2023 6 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.19376 of 2023 Date: 26.07.2023 kkm