IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25835 of 2014 Between:
C. Munikrishna, S/o. C. Doraswamy, Aged about 43 years, Occ: Employee, R/o. 6-67, Janda Matam, Palamaner, Chittoor District & 2 others .. Petitioners AND The Government of A.P., Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad – 500 022 & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25835 of 2014 ORDER:
The Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking a writ of Mandamus to declare the proceedings in Endt. No.34 of 2014, dated 05.08.2014, Endt.No.41 of 2014, dated 12.08.2014, Endt. No.45 of 2014, dated 19.08.2014, issued to the petitioners by the Sub-Registrar, the 5th respondent herein, basing upon the proceedings viz., (i) F.No.4/PROTECTION/GENERAL/2012, dated 12.10.2012, issued by the 6th respondent – A.P. State Wakf Board (ii) F.No.IAW/35/CTR/2012, dated 23.11.2012, issued by the District Collector, Chittoor (iii) Memo No.G1/853/2012, dated 24.11.2012, issued by the District Registrar, Chittoor, as being illegal and arbitrary and set aside the same by directing the respondents 4 and 5 to register the documents of the petitioners in respect of their property in Survey No.963/5 of the 1st petitioner bearing Plot No.47, Survey No.963/1B of the 2nd petitioner bearing Plot Nos.41 and 42, Survey No.963/1B bearing Plot Nos.22, 23 and Survey No.963/1B bearing Plot Nos.1, 2, 3, 62, 63 and 64 of the 3rd petitioner of Palamaner Village and Mandal, Chittoor District, without insisting the No Objection Certificate from the A.P. State Wakf Board.
2. Learned counsel for the petitioners and the learned Standing Counsel for the 6th respondent - Wakf Board represented that the subject matter of this writ petition is covered by a decision rendered by this Court in W.P.Nos.12412 and 12875 of 2013.
3. Learned counsel for the petitioners submits that same proceedings which are assailed in this writ petition were challenged in the said writ petition and this Court held that all the proceedings are not valid in law.
4. For the reasons alike and recording the submissions of both the learned counsel, this Writ Petition is disposed of. The registration authorities are directed to entertain and process the documents presented by the petitioners vide Endorsement Nos.34 of 2014, dated 05.08.2014, 41 of 2014, dated 12.08.2014, and 45 of 2014, dated 19.08.2014, in respect of the property of the first petitioner bearing Plot No.47 in Survey No.963/5, 2nd petitioner bearing Plot Nos.41 and 42 in Survey No.963/1B, 3rd petitioner bearing Plot Nos.22, 23 in Survey No.963/1B and Plot Nos.1, 2, 3, 62, 63 and 64 in Survey No.963/1B, situated at Palamaner Village and Mandal, Chittoor District, without insisting for No Objection from the Andhra Pradesh State Wakf Board to the effect that the said land is not a Wakf property. In the event the documents are found to fulfill the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, the registration authorities shall complete the registration formalities and release the documents in accordance with the due procedure. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO, J Date: 4th September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25835 of 2014 Date: 4th September, 2014 KL