THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The petitioner is aggrieved by the action of the Respondent registration authorities in not entertaining and registering the sale deed which may be presented by the petitioner in respect of the flat bearing of Plot No.22 Eastern Part in survey Nos.47Part and 48 admeasuring 100 Sq Yards or 83.6 Sq Mtrs Situated at Boduppal Village under Boduppal Municipal Corporation, Medipally Mandal, Medchal-Malkajgiri District, SRO Uppal on the ground that the said property is part of the waqf gazette notification dated 09.02.1989 at Sl.No.2746 filed the present Writ Petition.

2. Heard Sri K. Sadanand, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. Perused the record.

3. Facts in brief as stated in the Writ Petition are as follows:

Petitioner claims to be the purchaser of Plot No.22 Eastern Part in survey Nos.47Part and 48 admeasuring 100 Sq Yards or 83.6 Sq Mtrs Situated at Boduppal Village under Boduppal Municipal Corporation, Medipally Mandal, Medchal-Malkajgiri District, SRO Uppal (herein after referred as ‘subject property’) from its vendor who earlier purchased the subject property by a sale deed bearing No.11760 of 2017 registered at S.R.O., Uppal, Medchal-Malkajgiri district.

4. Thereafter on 26.11.2024, the petitioner enquired with respondent No.3 for registration and was informed that on the instructions of respondent No.4, respondent No.3 was requested not to entertain and register the sale deed in respect of the subject property on the ground that the said land is part of Waqf Gazettee notification bearing No.6A dated 09.02.1989 at Sl.No.2746. It is further submitted that on verification of copy of the said notification, it is observed that Sl.No.2746 does not refer to the land in Sy.Nos.47 Part and 48 of Boduppal village at all and the said Gazettee notification was set aside by this Court in batch of Writ Petitions in a W.P.Nos.12275 of 1993, 25392 of 1996 and 681 of 1997 in B. Gowra Reddy v. Government of Andhra Pradesh, 2002 (3) ALT 439 confirmed by the Hon’ble Supreme Court. It is further submitted that when once the said notification itself is set aside, respondent No.4 is required to register any sale deed in respect of the subject land.

5. Referring to the orders passed by this Court in W.P.No.21896 of 2023 dated 11.12.2023 and W.P.No.16142 of 2023 dated 12.07.2023, it is further submitted that the action of the registration authorities in not entertaining and registering the sale deed which may be presented by the petitioner in respect of the subject property is patently illegal and impermissible.

Questioning the same, petitioner filed the present Writ Petition.

6. Respondent No.3 filed counter and submitted that the Petitioner has not presented any document for registration and further submits that petitioner orally enquired in the office and had not given chance to the Respondent No.3 either to receive, process, register or refuse the document on the grounds mentioned in Rule 161 r/w. Section 71 of the Registration Act, 1908 by presenting the duly executed Sale deed with challan evidencing remittance of the duties.

7. It is further submitted that the Telangana State Wakf Board has issued a letter in F.No.PROT/MDCL/2010 dated 09-02-2022 informing that the property in Sy.No.47 Part and 48 situated in Boduppal village is notified as Wakf property, among other survey numbers and the subject property is listed in the Gazette No.6-A dated 09-02-1989 and included in the prohibitory list under the provisions of Section 22- A(1)(C) of the Registration Act. Thereafter respondent No.3 requested the State Wakf Board, vide letter dated 23.08.2024 to take necessary action in view of the orders of the High Court in W.A.Nos.745 and 868 of 2002, 778 and 885 of 2002 and 729 and 878 of 2002 dated 21.03.2011 dismissing the Writ Appeals filed by the State Wakf Board. The said appeals were challen