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2024 Supreme(AP) 697
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J
Chejarla Lakshmi Narayana, S/o. Venkateswarlu - Appellant
Versus
The State Of Andhra Pradesh - Respondent
Writ Petition Nos.18423, 18424, 18427 and 18428 of 2024
Decided on : 22-08-2024
Advocate Appeared:
For the Appellant : K.P.S. SAILESH REDDY
For the Respondent: GP FOR REGISTRATION AND STAMPS
IMPORTANT POINT
The court established that the inaction of the Wakf Board in updating the Prohibition List adversely affects property owners' rights and must be addressed promptly.
Headnote:
Prohibition - Wakf Property - Section 22-A(1)(c) - The court addressed the inaction of the Wakf Board in failing to remove property from the Prohibition List, emphasizing the need for timely action to protect the rights of property owners and ensure public interest.
Fact of the Case:
The registration authorities declined to register sale deeds for properties included in the Prohibition List under Section 22-A(1)(c). The land was previously sold by the Wakf Board, but the Board failed to remove it from the Prohibition List, causing issues for subsequent owners.
Finding of the Court:
The court found that the Wakf Board had legally sold the land in 1986 and had not taken necessary steps to remove it from the Prohibition List, which led to difficulties for the current owners in registering their properties.
Issues: Whether the Wakf Board's inaction in removing the property from the Prohibition List under Section 22-A(1)(c) affected the rights of the current property owners.
Ratio Decidendi: The court held that the Wakf Board's failure to act for nearly 40 years to delete the property from the Prohibition List was unreasonable and contrary to public interest, necessitating immediate action.
Result: The court directed the Wakf Board to remove the property from the Prohibition List within eight weeks.
ORDER :
Heard Sri K.P.S.Sailesh Reddy, Learned Counsel for the Writ Petitioners and Sri Shaik Khaja Basha, Learned Standing Counsel representing the Wakf Board (Respondent No.5) in W.P.Nos.18423, 18424, 18427 and 18428 of 2024.
2. Learned Counsel for the Writ Petitioners would submit that the registration authorities have declined to register sale deeds bearing P.Nos.101/2024, 99/2024, 97/2024 and 96/2024 dated 23.07.2024 on the ground that the said properties have been included in the Prohibition List under Section 22-A(1)(c) relating to an extent of Ac.20.68 cents in Survey No.141 of Ongole Town, Prakasam District.
3. Learned Counsel for the Petitioners would submit that vide G.O.Ms.No.31, dated 10.01.1986 (Ex.P2), the said extent of Ac.20.68 cents in Survey No.141 was permitted to be sold by the A.P.Wakf Board. It is stated in the said G.O.Ms.No.31 that the extent of Ac.20.68 cents in Survey No.141, which is the Wakf land belonging to the A.P.Wakf Board, would be sold. Accordingly, the sale took place in favour of Muslim Miniorities Sankshema Seva Sangham at the rate of Rs.25,000/- per acre.
4. Learned Counsel would submit that the said land was thereafter alienated by the Muslim Minorities Sankshema Sangham, Ongle to several members of the Sangham by dividing the land into many plots. After change of hands, the said extent of land was purchased by the present Writ Petitioners, and they wanted to get the sale deeds executed and registered. Accordingly, they had submitted the sale deeds before the Respondent No.3 for registration. Whereas, the Registration Authorities have kept the Registrations in abeyance on the ground that the said lands are in the Prohibition List.
5. Learned Standing Counsel for the Wakf Board (Respondent No.5) has affirmed to the position that the Wakf Board has lawfully permitted for sale of the abovementioned extent of land (Ac.20.68 cents in Sy.No.141 of Ongole Town) and that the sale had already taken place in the year 1998. He would submit that if the Writ Petitioners make an application before the Wakf Board seeking deletion of their respective extents from out of the total extent of Ac.20.68 cents in Survey No.141 from the list of Prohibited properties under Section 22-A(1)(c) of the Registration Act, the same would be considered.
6. In the above premise, it becomes necessary for this Court to discuss and deal with the aspect of deleting the entire extent of Ac.20.68 cents in Survey No.141, Ongole Town from the Prohibition List. The facts in the present case would indicate that the land admeasuring an extent of Ac.20.68 cents in Sy.No.141 of Ongle Town, that was originally notified as Wakf property (then under Ashurkhana), as per the Gazette Notification No.26 dated 28.06.1962 was legally brought for sale vide Proceeding of the Wakf Board through G.O.Ms.No.31 dated 10.01.1986 (Ex.P.2). By virtue of the said Proceeding, the land was alienated by way of sale to the Muslim Minorities Sankshema Seva Sangham, Ongole for a consideration on the basis of the market value fixed at Rs.25,000/- per acre. Thereafter, the Wakf Board (Respondent No.5) had issued a Memo dated 18.02.1986 (Ex.P.3).
7. The above mentioned steps/proceedings would make it clear that the above mentioned land became the free-hold property of Muslim Minorities Sankshema Seva Sangham, Ongole by the year 1986 itself. Thereafter, this entire land (Ac.20.68 cents) was divided into several plots and all such plots were sold to the members of the Sangham as a free hold land. Thereafter, during the year 1990 and thereafter, under different registered Sale Deeds, the owners of the plots have re-sold different parcels of land of various extents to several others, wherein the Writ Petitioners were only some of such bonafide purchasers vide registered Sale Deed dated 26.09.1990 (Document No.3744 of 1990) etc.
8. It is not only surprising but also disappointing to note that the Wakf Board which parted with the entire extent of Ac.20.68 cents in Sy.No.141
