SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(AP) 453

Andhra Pradesh High Court
Judges : P.S.NARAYANA
K.Sulochana - Appellant
Versus
District Collector and District Magistrate, Kurnool - Respondent
WP.Nos.18827&18828/04
Decided On : 06-06-05
Advocates Appeared :
Mr.P. Vengal Reddy,Mr.S.M. Subhani

Headnote:REGISTRATION ACT, Secs.21, 23,28,32,35,69 & 74 - Sub-Registrar refusing to register documents as per directions of Collector and District Magistrate to put an end to procedure of registering lands/houses/with layout or plots - Evidently Collector issued directions to Sub-Registrar in view of difficulty to identify unauthorised encroachments and also with a view to protect Wakf properties pursuant to representation made by Muslim Service Society.

       Registration Act is a complete Code by itself and powers of Registrars and Sub-Registrars are clearly defined - When authorities are discharging statutory functions as specified by statutory provisions, such powers or functions cannot be curtailed by mere executive fiat unless same can be said to be in accordance with Act - Executive fiat beyond permissible sphere cannot be approved by Courts.

       Registering authorities under Indian Registration Act are bound to act in accordance with provisions of Act - Impugned proceedings issued by Collector are without authority or jurisdiction and hence registering authority not bound to follow such instructions - Writ petitions, allowed.

P. S. NARAYANA, J.

( 1 ) HEARD Sri P. Vengal Reddy, Counsel for writ petitioners in both to the writ petitions, the learned government Pleader for Revenue and the learned Standing Counsel Sri S. M. Subhani representing the A. P. State Wakf board.

( 2 ) THE writ petitioners in these writ petitions K. Sulochana and K. Sai Baba guptha respectively had questioned rc. No. E8/2262/2002 dated 17-8-2002 of the 1st respondent, District Collector and district Magistrate, Kurnool on the ground that the same is illegal, without jurisdiction, arbitrary and unreasonable and prayed for such other suitable reliefs. In view of the fact that common questions are involved both these writ petitions are being disposed of by a common order.

( 3 ) THE proceedings of the Collector and District Magistrate, Kurnool dated 17-8- 2002, the impugned notice in these writ petitions, reads as hereunder : proceedings of the Collector and District magistrate, Kurnool present: Sri G. Sat Prasad, I. A. S. Rc. E 8/2262/2002 Dated 17-8-2002 sub-Registration of wakf properties - certain instructions - Issued. Ref: Representation of the Muslims Service society, dated 22-7-2002. ORDER :during the review meeting held on 20-7-2002, it is brought to notice by the Muslim Service Society that the Sub-Registrars in the district are registering the properties on the basis of layout or plot Nos. without mentioning the survey Numbers. In view of the above situation it has become very difficult to identify the unauthorized encroachments so made by the public over the wakf properties by the Revenue or Municipal authorities in the absence of specific Survey numbers. It is therefore ordered that all registrations should be necessarily made duly mentioning the Survey Numbers irrespective of the property i. e. , land/house/structure/open site by the Sub-Registrar in future. Any deviation in this regard will be reviewed very seriously. All Sub-Registrars in the District are requested to put an end to the procedure of registering the lands/houses/ with lay out or plot Nos. The following Survey Nos. of Kurnool district are the Wakf properties as represented by the Muslim Service Society, kurnool. The order Survey Nos. of all wakf properties in Kurnool District will be furnished soon.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top