Telangana High Court
Smt. Pushpasree Sajja vs The State Of Telangana on 11 July, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.18095 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 Waqf Board appearing for respondent No.5.
2. Learned counsel appearing for the petitioners 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:
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:-
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:
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 06.04.2006.2
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."
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.
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."
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."
3. Learned counsel for the petitioner further prayed this Court to pass similar order as passed in W.P.No.26943 of 2023 and batch, dated 27.09.2023.3
4. 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.
5. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject documents, 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 Gazette No.14, dated 06.04.2006, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse to register the documents, by specifically assign other reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.
6. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title. If any proceedings/suit/appeal are pending between the executants of the document/government or any other interested party, the registration of the document will be subject to the result of that proceedings/suit/ appeal.4
7. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 11.07.2024 SHA