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

ORDER

This writ petition is filed seeking the following prayer:

“to declare refusal of registration orders passed by the 1st respondent in Refusal Order Nos.1, 2 and 3 of 2025, dated 21.01.2025 relating to the sale deeds bearing pending document Nos.471, 472 and 473 of 2024, dated 23.12.2024 concerning the part of the land in Sy.No.250 of Manikonda Jagir village, Gandipet Mandal, Ranga Reddy District as arbitrary, illegal and contrary to the law laid down by the Supreme Court of India in 2022 SCC ONLINE SC 159 and also for the reason that there is no waqf gazette notification covering the subject land situated in Sy.No.250 of Manikonda Jagir village, Gandipet Mandal, Ranga Reddy District and resultantly set aside the said refusal orders and consequently direct the 1^st respondent to forthwith register and release the pending sale deeds referred above to the petitioner after due registration.”

2. Heard Sri Vedula Venkata Ramana, learned senior counsel for Sri Ch. Lakshman Kumar, learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3 and Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent No.4. Perused the record.

3. Facts in brief are as follows:

Petitioner is a private limited company being represented by its authorized officer submits that they are the lawful owners and had executed three (3) sale deeds dated 23.12.2024 in respect of small extents of lands situated in Sy.No.250 of Manikona Jagir village, Gandipet Mandal, Ranga Reddy District in favour of prospective purchasers and presented the said three (3) sale deeds for registration before respondent No.1 after due payment of the stamp duty and registration fee. It is their case that the said three (3) sale deeds were given pending document numbers viz., P-471/2024, P-472/2024 and P-473/2024, all are dated 23.12.2024 and the registration of the said pending sale deeds were refused by the impugned refusal orders bearing Nos.1, 2 and 3 of 2025, all are dated

21.01.2025 respectively on the following grounds: “As seen from the prohibited property list of this office, the said Survey Number 250 part of Manikonda Jagir village is prohibited for registration under Section 22A of the Registration Act, 1908 as per Chief Executive Officer, A.P. State Waqf Board Letter No.93/LR/(a)/RR/2007 dated 10.12.2004.”

Aggrieved by the said orders, petitioner filed the present writ petition.

4. Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioner submits that the impugned refusal orders rejecting to register the aforesaid three pending sale deeds is contrary to the law laid down by the Hon’ble Apex Court in case of State of Andhra Pradesh (Now State of Telangana) v. A.P. State Waqf Board and others¹, wherein the Hon’ble Apex Court has held that the lands in Manikonda Jagir village are not Waqf lands at all and by virtue of the said order, the impugned refusal orders of respondent No.1 are unsustainable in law.

5. In support of his contention learned senior counsel draws attention of this Court with regard to the three (3) refusal orders bearing Nos.1, 2 and 3 of 2025, all are dated 21.01.2025, wherein the Sub-Registrar, Serilingampally / respondent No.1 refused the said three (3) sale deeds stating that from the prohibited properties list, the said land in Sy.No.250 Part of Manikonda Jagir village is prohibited for registration under Section 22-A of Registration Act, 1908 as per the Chief Executive Officer, A.P. State Wakf Board, Hyderabad letter bearing No.93/L4/(a)/RR/ 2007, dated 10.12.2014.

2022 SCC ONLINE SC 159

6. Learned senior counsel also draws attention to the three proceedings issued by the Zonal Officer, HMDA, Serilingampally vide proceedings bearing Nos.458/LRS/ ZO-SKP/HMDA/2013, 459/LRS/ZO-SKP/HMDA/2013 and 460/LRS/ZO-SKP/HMDA/2013, all are dated 08.01.2013 for regularization of unapproved layouts / Plot Nos.212