Md. D. lqbal Hussain, Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, KURNOOL DIST. KURNOOL.

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THE JOINT SUB REGISTRAR1, R.O.(O.B), KURNOOL.

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A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, VIJAYAWADA, (TRANSIT OFFICE @ RAZZAQ MANZIL, HAJ HOUSE, NAMPALLY, HYDERABAD).

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent whereby declaring the petitioners land as Wakf Property, which is situated in Sy. No. 549,

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admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, as illegal, unjust, arbitrary and in violation of Arts. 14,16 and 300-A of the Constitution of India and contrary to Wakf Act, 1995 and consequently to set aside the same and direct the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon representation and to pass

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IA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent by directing the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon re-presenting the same with respect to the land in Sy. No. 549, admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, wothout treating the land as Wakf Property and to pass

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Counsel for the Petitioner:

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1.Y RATNA PRABHA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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2.SHAIK KHAJA BASHA

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The Court made the following:

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ORDER:

This Writ Petition came to be filed under Article 226 of the

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Constitution of India, seeking the following prayer:

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“…to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent whereby declaring the petitioners land as Wakf Property, which is situated in Sy. No. 549, admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, as illegal, unjust, arbitrary and in violation of Arts. 14,16 and 300-A of the Constitution of India and contrary to Wakf Act, 1995 and consequently to set aside the same and direct the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon representation and to pass…”

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2. The petitioner’s case is that the land admeasuring Acs.1.40

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cents out of Acs.6.06 cents in Sy.No.549 situated in Gargeyapuram village of Kurnool mandal and district was alienated in favour of the petitioner by his vendors and he paid stamp duty in relation to the same on 22.12.2010. When the document was presented before the 3^rd respondent on 22.12.2010, the same was kept pending vide P.No.165 of 2010; as the said document was not being registered, the petitioner filed W.P.No.29280 of 2010 before this Court which was disposed of on 24.11.2010 directing the 1^st respondent therein to act in accordance with Section 71 of the Registration Act, 1908. Pursuant to the same, the 3^rd respondent passed a

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refusal order vide No.2 of 2011, dated 13.01.2011 stating that land in Sy.No.549 of Gargeyapuram village is notified as Wakf property as per gazette bearing Serial No.3049, T.D.No.1203 and that the same is prohibited for registration as it is a notified Wakf property. Challenging the refusal order dated 13.01.2011, the present writ petition is filed.

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The 4^th respondent filed a detailed counter affidavit stating that the 3^rd respondent has not committed any error in passing the impugned refusal order as the subject land is a notified waqf property, published in A.P. Gazette No.43A, dated 24.10.1963. The lands covered in T.D.No.1400 in Sy.No.516 and 549 admeasuring Acs.3.33 cents and Acs.6.06 cents belongs to Mosque and at the time of survey, one S. Sirajuddin and 13 other Muthawalis were looking after the Inam lands and maintaining the said mosque. As the subject lands are notified as waqf, the 4^th respondent sent a communication to the Commissioner and Inspector General of Registration and Stamps to include the waqf properties in the prohibitory properties list and not to entertain the documents in view of prohibition under Section 22A of the Indian Registration Act. Hence, requested to dismiss the writ petition.

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Heard Mrs. Y. Ratna Prabha, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

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Perused the entire material available on record. Admittedly, the 3^rd respondent has passed the impugned refusal order dated 13.01.2011 on the ground that the land in question is notified as waqf property and that the same is incorporated in the list of prohibited properties maintained under Section 22-A of the Registration Act, 1908. If the petitioner seeks deletion of the subject property from the prohibited list, the petitioner is required to approach the Grievance Redressal Committee headed by the District Collector by way of an application as required under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Without availing the said remedy, the petitioner has directly approached this Court.

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In view of the same, without going into the merits of the case, this Court feels it appropriate to direct the petitioner to submit an application before the Grievance Redressal Committee seeking deletion of the subject property from the prohibited properties list, as contemplated under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Upon submission of the said application, the 2^nd respondent/District Collector shall consider the same and pass appropriate orders, in accordance with law.

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