The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.39002 of 2014 Dated 19.12.2014 Between:
V.Vijayakumari and 2 others …Petitioners And The State of Andhra Pradesh rep. by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad and 5 others.
…Respondents Counsel for the petitioners: Mr.MD.Saleem Counsel for respondent Nos.1 to 5: AGP for Revenue Counsel for respondent No.6: Mr.Habeeb-ur-Rahman, SC for Wakf Board The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the proceedings in endorsement Nos.90 and 91/2014, dated 05.12.2014 and 92/2014, dated 06-12-2014, of respondent No.5, whereby he has informed the petitioners that the land admeasuring Acs.19-02 cents in Survey No.963 of Palamaner Village is prohibited from registration as per Section 22 A (1) (c) of the Registration Act, 1908.
Mr.Md.Saleem, learned Counsel for the petitioner, submitted that a similar endorsement issued in respect of another property situated in the survey number referred to above, was questioned in W.P.No.9938 of 2014; that the said Writ Petition was allowed; and that following the said judgment, this Court has allowed WP.Nos.28680 of 2014 and 34985 of 2014. Copies of the orders passed in the said Writ Petitions have been filed by the petitioners.
Mr.Habeeb-ur-Rahman, learned Standing Counsel for respondent No.6- Wakf Board, has admitted to this position.
In the light of the above facts, the impugned proceedings in endorsement Nos.90 and 91/2014, dated 05.12.2014, and 92/2014, dated 06-12-2014, of respondent No.5, are set aside and respondent No.5 is directed to entertain the sale deeds sought to be presented by the petitioners and register the same subject to the petitioners complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, WPMP.No.48880 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th December, 2014
LUR