Disposed

Syed Nusrath ali v. the State of Telangna

Telangana HC26 Apr 2022WP/756/2020

Case brief

AI extract

What is this about?

Petitioners filed a writ petition challenging a notification declaring their land as Wakf land and sought mandamus for the Sub-Registrar to register their sale documents. The High Court disposed of the writ, directing the Sub-Registrar to accept documents for registration if they comply with the Act.

What did the court decide?

Directing the 4th respondent to receive and process documents for registration if in order, or record reasons for refusal under Section 71 of the Registration Act, 1908.

Syed Nusrath ali Vs the State of Telangna — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I (Special Original Jurisdiction)

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TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 756 OF 2020

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Between:

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Syed Nusrath ali, S/o. Syed Osman Ali, Aged about 45 Years, Occ Business, Rl o.3-1-4012, Arabgally, IVledak Town, Mandal and District l,4edak, T.S.

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It/ohd. Fared Ahmed Khan, S/One Spare Copy. Akbar Khan, Aged about 42Yeais, Occ: Business, R/o. Azampura Locality, [VedaTown, Ivlandal and District, T.S.

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...PETTTTONER(S)

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AND

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t. T H E STATE OF TELANGNA, Rep. by its Principal Secretary, Revenue Dd partment At Secretariat, Hyderabad.

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The Telangana State Wakf Board, Rep. by its CEO, Razzack l\rlanzil, Opp Public Garden, Nampally, Hyderabad, T.S.

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The District Registrar,, Medak District, At lr/edak Sangareddy,.T.S.

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The Sub Registrar,, Medak District at Medak, Ranga Reddy, 19._^ __.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders one in the nature of Writ of Mandamus under Arlicle 226 of Constitution of lndia, declaring A.P. Gazette Notification No. 49-A dated 06.12.2001 published by the 2nd respondent with regard to the land of the petitioner in SY.No.394,396,397,398 and 399 total ad measuring Ac.S.32. gts. situated at lVledak [Vlandal and Medak District as the Wakf Land under Section 5 (2) of the Wakf Act, 1956 as illegal, arbitrary and u nconstitutiona I fraud and violation 1 of principles of natural justice and violation of constitutional and fundamehtal rights guaranteed to the petitioner under Article 19,21 ,46 and 300-4 of the Constitution of lndia and without^jurisdiction and set aside the same and pass l

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidlvit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 to entertain to sale transaction done by the petitioners with regard to the land in Sy. No. 394, 396, 397, 398 and 399 total admeasuring Ac. 5.32 Gts. Situated at Medak Village, [v]edak lt/andal, Ir/edak District and in pursuance of the orders passed in WP.No. 8504 of 2019 dated 14-08-2019 by this Hon'ble Court and pending disposal of the Writ Petition.

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,'tn Ho:-agf-20-zlt ,er section 1 5.1 Cpc praying that in the circumstances stated in the affidavit^{filed in trppo'toi tf," p"iition,ihe nigf' Court may be pleasedto} suspend'the^{n.p. cazJtie NotificationNo'49-A dated 06-'12-2001publishedby} the 2nd respondent^{*it-n"LgaiJto the land_ofthe petitioner if sy: l\q 394, 396,} 397, 398^{and 399 tot;l a;;;;suring Ac 5 32 Gts Situated at Medak Village'} IVledak l\4andal,^{Medar<oisirici as the"waxf Land Under Section 5 (2) of wakf Act,} t^gSO and^{pending disposal of the WritPetition'}

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I Counsellfor^{the Petitioner:SRl'SURESH SHIVSAGAR} 6.rii""ili.i^{ine nesponaentsl,3 & 4: GP FoRREYENUE} ;;;;;;i iot^{itt" n""bona"nt"z' MIR SATAHULLAH BAIG' Sc FoR WAKF} BOARD The Cou[, rro"^{the following: ORDER}

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.756 of2O2O

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ORDER:

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Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. With their consent, this writ petition is disposed of at the threshold.

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2 This writ petition is filed seeking the following relief: o....to pass an order or orders one in the nature of Writ of Mandamus under Article 226 of Constitution of India, declaring A.P.Gazette Notification No.49-A dated 06. 12.2001 published by the 2,a respondent with regard to the land of the petitioner in Sy.Nos.394, 396, 397, 398 and 399 total admeasuring Ac.5.32 guntas situated at Medak Village, Medak Mandal, Medak District as the Wakf Land under Section S (2) of Wakf Act, 1956 as illegal, arbitrary, unconstitutional, fraud and violation of principles of natural justice and violation of Constitution and fundamental rights guaranteed to the petitioner under Articles 19, 21, 46 and 300-4 of the Constitution of India and without jurisdiction and set aside the same and pass such order or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. "

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Learned counsel for the petitioners submits that the petitioners are the owners of the above said land and the Tahsildar had also issued pattadar pass books and pahanies in their favour. Therefore,

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NVSI(.J W,P. No.756 of 202

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the 4fr respondent is bound to receive the documents as per Section 7 1 of the Registration Act, 19O8 (for short 'the Act')

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Learned Government Pleader for Revenue submits that the issue raised in this writ petition is squarely covered by the order of this Court in W.P.No.38491 of 2018, dated 25.10.2018

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However, for better appreciation, Section 71 of the Act is extracted as under:

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" Reasons for refusal to register to be recorded.-

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(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, sha1l make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment alrd unnecessary de1ay, give him a copy of the reasons so recorded.

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(2) No registering officer shall atitspt-for registration a document so endorsed unless and unh,- under the provisions hereinafter contained, the document is directed to be registered."

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The above said provision makes it clear that the 4tt respondent is bound to receive the document and register, if the same is in order, as per the Indian Stamp Act, 1899 and the Registration Act and the Rules made thereunder. In case of refusal, he shall record the reasons therefor.

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t I I

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I l

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-) NVSX,J W.P. No.7S6 of 2o2o

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In view of the above, the Writ petition is disposed of directing the 4th respondent to receive and process the documents presented by the petitioners in respect of the subject property, for registration, if the same is in order and is not in the list of prohibited properties as per Section 22-A of the Registration Act and there is no injunction operating against the properties regarding alienation of the properties. If the 4s respondent does not wish to register the documents, he shall record the reasons therefor in accordance with Sectio n Zl ofthe Act and communicate the same to the petitioners. No costs.

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Miscellaneous apprications, if any pending, shall stand crosed.

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Ass,srAN??fJi{i ",' SECTION OFFICER

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//TRUE COPYII

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'1. THE princi pal Secreta

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Secretariat Hyderaba d^{ry,Revenue Department, State Of Telangna,}

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32 Public The Telangana State Wakf Ga rden, Nam pall y, HyderabadBoard, Re p,T.by its CEO, Razzack Manzil opp 6.4, Two The Sub One The DistriCCs CC toRtoct egSReGP FORistrar,, RI. SURESH SHIV SAGgistrar,,[,4eREVENUElVedak Districtdak District at , AR Medak, At Advocatl\4edak RanSangareddy, T.Se [OPUCga Redd v, T.S. tourl High Court for the State of Telangana.

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