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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
A. Anantha Lakshmi W/o Shri M. Nageswara Rao – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. writ petitions are allowed. (Para 1 , 17) |
| 2. writ petition claims registration of land title. (Para 2 , 3 , 5 , 6 , 11 , 12) |
| 3. court discusses past decisions and waqf implications. (Para 4 , 13 , 15 , 16) |
| 4. previous court judgments support registrability. (Para 7 , 8 , 9 , 10 , 14) |
ORDER :
2. For reference, the facts in W.P.No.21767 of 2021 are being taken up.
“… to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Intimation of Refusal through Memo No.60/2021 issued by the 3rd respondent refusing to register document No.P-11/2021 i.e., sale deed presented by the petitioner in respect of land bearing plot No.95/P & 96/P admeasuring 254 sq. yards under sy.Nos.299/P, 300/P & 301/P part and parcel of Vision Valley, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, on the basis of the AP Gazette Notification No.6-A dated 09.02.1989 is illegal, arbitrary, unjust, unconstitutional and contrary to provisions of Registration Act, 1908, and set aside the same, and consequently direct the respondents to register and release the document No.P-11/2021 i.e. sale deed presented by the petitioner in
Court reinforced the principle that administrative refusals to register property must align with current legal standings, emphasizing adherence to principles of natural justice.
The Gazette Notification No.6-A dated 09.02.1989 was declared invalid for non-compliance with the Wakf Act, 1954, allowing petitioners to register their properties.
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
Notifications claiming property as Waqf land are invalid without proper survey and notice to concerned parties, emphasizing due process under the Waqf Act.
The court ruled that the inclusion of petitioners' land in the prohibition register was erroneous and directed rectification based on prior judicial decisions.
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