2024 Supreme(Online)(Telangana) 45946

[ ³²⁵⁵ ]

HIGH COURT ^{FOR THE STATE OF TELANGANA AT HYDERABAD}

(SPecial Original ^{Jurisdiction)}

TUESDAY, THE ^{TWELFTH DAY OF TUARCH}

TWO THOUSAND ^{AND TWENTY FOUR}

PRESENT

THE HONOURABLE ^{SRI JUSTICE N.V.SHRAVAN KUMAR}

WRIT PETITIO^{N NOs: 3 4486 0F 2023 & 3520 ot 2024}

WRIT PETITI^{ON NO: 3 44860F 2023}

Between:

1. Vakadani Venkataiah,

KhanaPuram Haweli.

District. Occ-Agriculture

S/o. Raghavaiah,

Tekulapalli ^village,

aqed about ⁸⁴

Khlmmam Urban

years,

lVlandal

Rio.

and

2

Vakadani Srinivasa ^{Rao' S/o. Venkataiah, aged about 50}

Kh;;il;;r; Hr*eli, ^{Tekutapatli village, Khammam Urban}

District. Occ-Agriculture

Vakadani Edukondalu' ^{S/o. Venkataiah,} --aged ^{about 49}

Kh;;;il;fi";ir*.ii,-r"iri"palli ^{villase, Khammam Urban}

District. Occ-Agricultu ^re

years,

lvlandal

years,

It/landal

R/o.

and

Rio.

and

...PETITIONERS

AND

1

2

a

The Joint Sub-Registrar ^{- l, Khammam, Khammam District'}

The District Registrar, ^{Khammam Distrrct at Khammam}

The State of Telangana, ^{rep. by its Principal Secretary' Revenue (Stamps and}

Registration) Department, ^{Secretartat, Hy0eraoao}

The Telanqana ^{State Waqf Board, rep' by its Chief Executive Officer' Haj}

House, NairPallY, ^HYderabad.

...RESPONDENTS

Petition under ^{Article 226 of lhe Constitution of lndia praying that in the}

circumstances ^{stated in the affidavit filed therewith' the High Court may be}

pleasedtoissueaWritofMandamusoranyotherappropriatewritdeclaringthat

theactionoftherespondents-registering.authoritiesinnotentertainingand

registering sale ^{deeds executed and presented by the petitioners in respect of}

patta land admeasuring ^{Ac 4-1 1 guntas equivalent to 20691 sq yards forming}

part of Sy.Nos.43'1lAA, ^{431tAt1 and 431lAt2 of Velugumatla village' Khammam}

UrbanlVlandalandDistrictonthegroundthatthereiswakflandadmeasuring

Ac,9-,llguntasinSy.No.43laspertheWakfGazetteNotificationNo.4-A,Part-

ll, dated 25.01.1990 ^{with s1.No.0696, is arbitrary and illegal and restrict the non-}

registerability of sale ^{transactions in respect of the wakf land of Ac.9-1 1 guntas}

only while entertaining ^{and registering sale deeds in respect of the patta land}

admeasuring Ac.4-11guntas ^{equivalent to 20691 sq. yards in terms of the letter}

of the lnspector Auditor of ^{wakf daled 22t12t2022 addressed to the chief}

Executive officer of the ^{4th respondent - wakf Board and release the sale deeds}

so registered to the Petitioner.

lA NO: 1 OF 2023

Petition under section ^{151 CPC praying that in the circumstances stated}

in the affidavit filed in support ^{of the petition, the High court may be pleased to}

direct the respondents ^{1 and 2 to entertain and register sale deeds which may be}

executed and ^presented by the ^{petitioners in respect of land admeasuring}

Ac.4-11gUntasequivalentto2069,lsq.yardsinSy.No.431/AA,431lAl1and

431tAl2 of Velugumatla ^{village, Khammam Urban Mandal and District and}

release the sale deeds so ^{regtstered to the petitioners. pending disposal of the}

writ petition and ^grant such ^{other relief as it deems fit in the circumstances of the}

Between:

1. Vakadani Venkataiah, S/o. ^{Raghavaiah, aged about 84}

Khanapuram Haweli, ^{Tekulapalli- village, Khammam Urban}

District. Occ-Agriculture

2. Vakadani Srinivasa Rao, ^{S/o. Venkataiah, aged about 50}

Khanapuram Haweli, Tekulapalli ^{village, Khammam Urban}

District. Occ-Agriculture

3. Vakadani Edukondalu, S/o. ^{Venkataiah, aged about 49}

Khanapuram Haweli, Tekulapalli ^{village, Khammam Urban}

District. Occ-Agricu ltu re

CASC

lA NO: 2 OF 2023

The Joint Sub-Registrar ^{- l, Khammam, Khammam District}

The District Registrar, Khammam ^{District at Khammam}

years,

lVlandal

Rio.

and

v

M

ears,

andal

R/o.

and

years,

Ma ndal

Rio.

and

...PETITIONERS

(Same in l.A.No.3/2023)

AND

3. The State of Telangana, rep. by its ^{Principal Secretary, Revenue (Stamps and}

Registration) Department, Secretariat, Hyderabad.

4. The Telangana State Waqf Board, rep. by its Chief ^{Executive Officer, Haj}

House, Nampally, Hyderabad.

...RESPONDENTS

(Same in l.A.No.3/2023)

5. The Tahsildar and Joint Sub-Registrar, Khammam Urban ^{Mandal, Khammam}

District.

6. The District Collector, Khammam District at Khammam.

...PROPOSED RESPONDENT No.S ^{& 6}

(Same in l.A.No.3/2023)

Petition under Rule 16-A of Writ Rule, R/w ^{order I Rule-10 of CPC praying}

that in the circumstances stated in the affidavit ^{filed in support of the petition, the}

High Court may be ^pleased to implead the 5th ^{and 6th respondents herein as}

party respondents in the main writ petition and interlocutory applications ⁱⁿ

W P.No.34486 of 2023, in the interest of ^{justice and grant such other relief as it}

deems fit in the circumstances of the case.

lA NO: 3 OF 2023

Petition under order Vl Rule ^'17 of CPC, R/w ^{Sec 151 of CPC} lrraying ^that

in the circumstances stated in the affidavit ^{filed in support of the petition, the}

High Court may be pleased to ^permit the ^{petitioner to amend the prayer in the}

writ petition by inclusion of an alternate ^prayer to the ^{following effect: -}

"to declare that the action of the 5th respondent Tahsildar in not

entertaining and registering the sale deeds executed ^{and presented by the}

petitioners in respect of the land admeasuring Ac.4-11 ^{guntas without insisting}

upon the requirement that the ^petitioners must ^{get the said land covered by the}

dharani webportal with new ^pass book number ^{and without reference to the Waqf}

gazette notification No.44, Part-ll, dated 25.01.1990 at SI.No.0696 ^{and release}

the sale deeds so registered to the ^{petitioners, in the interest of justice, and grant}

such other relief as it deems fit in the circumstances ^{of the case.}

Counsel for the Petitioners: M/s. BHARADWAJ ASSOCIATES

Counsel for the Respondent No.1 to 3: GP FOR ^{STAMPS AND REGISTRATION}

Counsel for the Respondent No.4: SRI ABU AKRAM, SC ^{FOR TSWB}

Counsel for the Proposed ^{Respondent: GP FOR REVENUE}

WRIT PETITION NO: 3520 OF ²⁰²⁴

Between:

1. Vakadani Venkataiah, S/o. ^{Raghavaiah, aged about 84}

Khanapuram Haweli, Tekulapalli ^{village, Khammam Urban}

District. Occ.Agriculture.

2. Vakadani Srinivasa Rao, ^{S/o. Venkataiah, aged about 50}

Khanapuram Haweli, Tekulapalli ^{village, Khammam Urban}

District. Occ.Agricu ltu ^re.

3- Vakadani Edukondalu, S/o. ^{Venkataiah, aged about 49}

Khanapuram Haweli, Tekulapalli ^{village, Khammam Urban}

District. Occ.Agriculture.

AND

1

years,

Mandal

R/o.

and

years,

Mandal

R/o.

and

years,

Mandal

R/o.

and

...PETITIONERS

The Tahsildar cum - Joint Sub-Registrar, ^{Khammam Urban Mandal,}

Khammam District.

The State of Telangana, rep. by its Principal ^{Secretary, Revenue (Stamps and}

Registration) Department, Secretariat, Hyderabad.

The Telangana State Waqf Board, ^{rep. by its Chief Executive Officer, Hai}

House, Nampally, Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution ^{of lndia praying that in the}

circumstances stated in the affidavit ^{filed therewith, the High Court may be}

pleased to issue a writ of Mandamus or any other appropriate ^{writ declaring that}

the action of the respondent No. 1 ^- registering ^{authority in not entertaining and}

registering sale deeds executed and ^{presented by the petitioners in respect of}

patta land admeasuring Ac 4-11 guntas forming ^part of Sy.Nos.431lAA, ^431|N1

and 431lAl2 of Velugumatla village, ^{Khammam Urban Mandal and District on the}

ground that there is wakf land admeasuring Ac.9-1 1 ^{guntas in Sy No.431 as per}

the Wakf Gazette Notification ^{No.4-A, Part - ll, dated 25.01.1990 with}

s1.No.10696, is arbitrary and ^{illegal and restrict the non-reg isterability of sale}

transactions in respect of the wakf ^{land of Ac.9-1 1 guntas only while entertaining}

and registering sale deeds in respect of ^{the patta land admeasuring Ac.4-'1 1}

guntas in terms of the letter of the lnspector Auditor of wakf ^{dated 2211212022}

addressed to the Chief Executive Officer of the 3rd ^{respondent - Wakf Board and}

also dectare the action of the respondent No.'1 in ^{not entertaining and registering}

.,

the sale deeds executed and presented by the ^{petitioners in respect of the said}

land insisting upon the requirement that the ^{petitioners must get the said land}

covered by the dharani webportal with new ^pass book ^{number as arbitrary and}

illegal and consequently direct the respondent No.1 - registering authority ^to

entertain and register the sale deeds executed and ^presented by the ^{petitioners in}

respect of the said land without insisting upon the requirement that the ^petitioners

must get the said land covered by the dharani webportal with new ^{pass book}

number and also without reference to the said wakf ^gazelte notification ^No.4A-

Part -ll, dated 25.01.1990 at S1.No.10696 and release the sale ^{deeds so registered}

to the petitioners.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances ^{stated in}

the affidavit filed in support of the ^petition, the High Court may ^{be pleased to direct}

the respondent No. ^'1 to entertain and register sale deeds which may ^{be executed}

and presented by the petitioners in respect of land admeasuring ^{Ac.4-11 guntas in}

Sy.No.431/AA, 431lAt1 and 431lAl2 of Velugumatla village, ^{Khammam Urban}

IVtandal and District and release the sale deeds so registered to ^{the petitioners,}

pending disposal of the writ petition.

Counsel for the Petitioners: M/s. BHARADWAJ ASSOCIATES

Counsel for the Respondent No.1 & 2: GP FOR STAMPS AND REGISTRATION

Counsel for the Respondent No.3: SRI ABU AKRAM, SC ^{FOR TSWB}

The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION Nos.34486 of 2023 & 3520 of 2024