Telangana High Court
Mn Silliveru Jangaiah, Nalgonda Dt. vs Prl. Secretary, Revenue Dept., Hyd And 3 ... on 10 June, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT APPEAL No.497 OF 2013
JUDGMENT:(per the Hon'ble Shri Justice Anil Kumar Jukanti) Mr. Kuriti Bhaskara Rao, learned counsel for the appellants.
Learned Government Pleader for Revenue for respondent Nos.1 and 2 and learned Government Pleader for Stamps and Registration for respondent Nos.3 and 4.
2. This intra court appeal is filed challenging the order dated 05.03.2013 passed in W.P.No.34927 of 2012 by the learned Single Judge.
3. Writ Petition No.34927 of 2012 is filed with the following prayer:
"...to issue a writ of mandamus declaring the action of the 4th Respondent in not entertaining the petitioners agricultural dry land vide Patta No 775 in Survey No.282/E3 to an extent of Ac.1.36 Gts. each petitioner possessed Ac.0.38 Gts. situated at Choutuppal Village and Mandal, Nalgonda District, for sale in favour of the third parties is arbitrary bad 2 CJ & JAK,J W.A.No.497 of 2013 and illegal and violation of Article 14 and 300A of the Constitution of India consequently direct the 4th Respondent to entertain the petitioners above property and release the same by following the procedure under Stamps and Registration Act in the interest of justice."
3.1. Learned Single Judge disposed of the writ petition with a direction to respondent No.2 to receive the documents that may be presented by the writ petitioners and process the same in terms of the order passed in Raavi Satish v. State of A.P., represented by Principal Secretary, Revenue (Registration & Stamps) Department 1. The following is the relevant portion of the order:
"In cases of alienation of properties which are claimed to belong to Religious and Charitable Endowments falling under the A.P. Hindu Religious Institutions and Endowments Act, 1987, or Wakfs falling under the Wakfs Act, 1995, unless relevant material is available before the Registering officers to show that they are owned by such Institutions, registration of the documents shall not be refused. Even if evidence is available to show that the properties sought to be alienated belong to the Institutions referred to above, the Registering officers shall receive the documents, pass orders assigning reasons for rejection and communicate the same to the parties concerned, who shall be free to assail such orders by availing the remedy of appeal under Section 72 of the Act."1
2013(2) ALD 1 3 CJ & JAK,J W.A.No.497 of 2013
4. As the learned Single Judge disposed of the writ petition with a direction to respondent No.2 to receive the documents that may be presented by the writ petitioners and process the same as prayed for, the grievance of the petitioner's stands redressed, they cannot be construed to be aggrieved parties. No further orders need to be passed.
5. Accordingly, the Writ Appeal is closed. No order as to costs.
Miscellaneous applications, pending, if any, shall stand closed.
__________________________ ALOK ARADHE, CJ ___________________________ ANIL KUMAR JUKANTI, J Date: 10.06.2024 PLP