The court disposed of the writ petition by applying the directions laid down in a 2009 common order concerning Wakf Act notifications under the Indian Registration Act.
The writ petition was disposed of by applying the directions of the order dated 19.02.2009; no costs awarded.
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THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17600 of 2014
Dated : 27.06.2014
Between: M.Jameela Begum, W/o Md.RAfeek, 35 yrs., R/o H.No.20/12, Alampur Village and Mandal, Mahaboobnagar District. .. Petitioner And State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and others .. Respondents
This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17600 of 2014
ORDER :
This writ petition is filed with the following prayer:
“….. to issue a writ of Mandamus or any other appropriate writ order or orders, direction or directions declaring the action of the respondents in not entertaining and registering the sale deeds of the petitioner in favour of third parties concerning the lands of the petitioner situated in Sy.Nos.19/3 and 19/4 of Roja Village, Kurnool Mandal and District by placing reliance on Section 22-A of A.P. Amendment Act 19 of 2007 to the provisions of Indian Registration Act, 1908 as illegal, arbitrary and issue a consequential direction to the respondents to entertain and register the documents in respect of the above said lands and grant such other relief as it deem fit and proper in the circumstances of the case.”
At the outset, learned counsel for the petitioner has brought to my notice that in identical circumstances, W.P.No.22684 of 2007 and etc., were disposed of by this Court by a common order dated 19.02.2009 with directions as under:
(a) In case the properties that are subject matter of the documents presented for registration before the Sub-registrar are notified specifically under the Gazette, together with survey numbers and extent under the Wakf Act, 1995, the registering authority shall be entitled to refuse the registration by issuing endorsement or communication to that effect.
(b) If the properties are not covered by such notification, the registering authority shall be under obligation to process the documents and admit the same for registration, if they are otherwise in order.
Learned Government Pleader for Revenue appearing for the
respondents has not disputed the fact that the petitioner herein is also similarly situated.
Accordingly, following the order dated 19.02.2009 this writ petition is disposed of in terms of the above directions. No costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
__________________________ JUSTICE P.NAVEEN RAO
Date : 27.06.2014 ssp
1 provisions across 1 enactments
M. Jameela Begum
State of Andhra Pradesh
P. Naveen Rao
As recorded by the court registry
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