THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15100 of 2014 Dated : 11.06.2014 Between:
Pidatala Devaraju, S/o P.Yakob, 51 yrs., Business, R/o 76-96-149, Vishnu Township, P.Y.B.Building, Kurnool and another .. Petitioners And The State of Andhra Pradesh, Rep. by its Secretary, Stamps & Registration Department, Secretariat Buildings, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15100 of 2014 ORDER :
Aggrieved by the letter dated 26.07.2011 of the Superintendent/Inspector Auditor, Kurnool, in which, he has shown the properties to an extent of Acs.4.07 and Acs.4.57 cents in Survey Nos.1318 and 1322 respectively of Nannoor Village, Orvakal Mandal, Kurnool District as wakf property, the petitioners filed W.P.No.31847 of 2011. On a detail consideration of the matter, this Court allowed the writ petition setting aside the letter of Superintendent/Inspector Auditor, Kurnool. This order has become final as no appeal is preferred. Based on the judgment of this Court, when the petitioner presented the deed of conveyance, the Sub-Registrar informed him that the document cannot be processed as the land belongs to wakf and in support of the decision, the Sub-Registrar placed reliance on the letter addressed by the Inspector Auditor, Auqaf, Kurnool dated 17.05.2014 to the Sub-Registrar, Orvakal informing him that the land in Survey Nos.1318 and 1322 is wakf land and cannot be processed for registration. Compelled by the order of refusal of the Sub-Registrar dated 19.05.2014, petitioners instituted this writ petition.
2. It is surprising to notice that while issuing the said letter, the Inspector refers to the judgment rendered by this Court in W.P.No.31847 of 2011. There is no whisper in the letter as to whether he is authorized to address such a letter and the letter also does not disclose to have understood the judgment of this Court in the above writ petition.
3. Having noticed the action of the Inspector-Auditor, the Court was constrained to direct the appearance of Chief Executive Officer, as said orders of subordinate officer were contravention of the directions issued by this Court. The Chief Executive Officer appears today. The Chief Executive Officer submitted that as per his directions, the Inspector-Auditor withdrew his letter dated 17.05.2014. The Inspector has addressed a letter dated 10.06.2014 to the Sub-Registrar, Orvakal informing him that the earlier letter dated 17.05.2014 is withdrawn and that the objection regarding the status of the lands in Survey Nos.1318 and 1322 of Nannoor Village, Orvakal Mandal, Kurnool District no more stands.
4. Learned Standing Counsel, on instructions, submitted that the land in question is not included in the gazette and having examined the issue, no appeal was preferred against the decision of this Court in W.P.No.31847 of 2011.
5. The orders passed by the Sub-Registrar on 19.05.2014 refusing to register the deed of conveyance is set aside and the Sub-Registrar is directed to process the deed of conveyance in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and if the same is otherwise in order, release the document within a period of two weeks from the date of receipt of a copy of this order.
6. It is appropriate to notice that in several cases, the complaint is that the wakf properties are not properly protected and several illegal transactions are taking place. In several matters which are coming up before this Court there have been number of adjournments since Wakf Board is not taking prompt steps to file counter-affidavit and place the relevant and appropriate record before the Court regarding the status of Wakf lands. It is hoped and expected that prompt steps would be taken to regulate the filing of counter-affidavits.
7. Subject to the above observation and directions, this Writ Petition is disposed of.
There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 11.06.2014 ssp