Allowed

The Telangana State Wakf Board v. G. Madhavi ,Geedi Madhavi Goud

Telangana HC13 Feb 2023WA/186/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ appeal filed by the Telangana State Wakf Board, setting aside an order directing a Sub-Registrar to register documents regarding properties claimed as Wakf properties. The court remanded the matter to the Single Judge due to a Supreme Court stay on the relevant Division Bench judgment.

What did the court decide?

The order dated 28.10.2022 passed by the learned Single Judge in W.P.No.38726 of 2022 was set aside and the matter remanded to the Single Judge to decide the writ petition afresh.

The Telangana State Wakf Board Vs G. Madhavi ,Geedi… — Property and Title | Telangana HC (2023)

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[³³¹¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVIONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT APPEAL NO: 186 OF 2023

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Writ Appeal under Clause 15 of the letters patent prefened against the order dated 2B-10-2022inthe W.P.No.38726 of 2022 on the file of the High Court. Between:

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The Telangana State Wakf Board, Rep by its Chief Executive Officer, Huz House, Nampally, Hyderabad

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,.AppellanURespondent No.3

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AND

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G. Madhavi @ Geedi Madhavi Goud, Wo. G. D. Prabhakar Goud, Aged about 54 years, Occ: Housewife, R/o. 6- 69, Old Malkajgiri, Near Ramalayam, Hyderabad - 500 04T

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...Respondentsrurit^petitioner

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The State of Telangana, Rep by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

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The Sub Registrar, Malkajigiri, Medchal Markajigiri Distriitentsnespondents

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lA NO:3 OF 2023

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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 suspend the operation of the Common Order dated 2811012022^passed in W.P.No.38726 of 2022 (W.P.No.39286 ot 2022 and batch) passed by the learned Single Judge of this Hon'77774444b1e Court^pending disposal of the Writ Appeal.

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Counsel for the Appellant: SRl. ABU AKRAM (SC FOR TSWB)

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Counsel for the Respondent No.1 : SRI DANTU VENKATA RAMANA SARMA

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Counsel for the Respondent Nos.2 & 3: GP FOR STAMPS & REGISTRATIONS The Court delivered the following: JUDGMENT

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

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AND

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THE HON'BLE SRI JUSTICE N. TUKARAMJI

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WRIT APPEAL No. L86 of 2o23

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JUDGMENT:^(Per the Hon'ble the Chief Justice Ujjal Bhugan)

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Heard Mr. Abu Akram, learned Standing Counsel for the appellant-Telalgana State Wakf Bo4rd (for short, 'the Wakf Board' hereinafter) and Mr. Dantu Venkata Ramana Sarma, learned counsel for the 1"t respondent/writ petitioner.

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This appeal is directed against the common judgment and order dated 28.1O.2O22 passed by the learned Single Judge allowing Writ Petition No.39286 of 2022 & batch including Writ Petition No.38726 of 2022 out of which the present appeal ar-ises.

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l"t respondent had filed^-the related writ petition with the grievance that respondent Nos.2 & 3, more particularly respondent No.3 was not receiving and processing documents submitted by the 1"t respondent for registration of

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2 HCJ & NTRJ W.A.No.186 of 2023

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various properties situated at Mamidipally Village, Moulali, Medchal-Malkaj giri District.

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Denial of registration was on the ground that the subject properties are notified as Wakf properties under Gazette Notification No.6-A published in A.P. Gazette, Part-II dated 09.02.1989 as well as in Gazette Notification No.27-A published in A.P. Gazette, Part-II dated 01.07.2004 issued by the Wakf Board in respect of lands situated at Survey Nos.401 and 4O2 of Hanuman Nagar, Moulali in Medchal-Malkajgiri District.

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It was contended that Notification dated 09.02.1989 was set aside by this Court in W.P.No.5938 of 2006 & batch uide order dated 17.02.2021, which was confirmed by a Division Bench of this Court in Writ Appeal No.31B of 2021 & batch uide order dated 12.11.2021.

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Learned Single Judge taking the view that when the principle Notification dated 09.02.1989 was set aside by this Court, there is no need to independently challenge

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3 HC] & NTRJ W.A.No.186 of 2023

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I I

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subsequent Notilication of the Wakf Board dated O1.O7.2OO4. Therefore, learned Single Judge took the view that SubRegistrar i.e., respondent No.3 was not justifred in declining to register the clocuments presented for registration in respect of the said properties. Accordingly, respondent No.3 has been directed to register the documents after satisfying with the requirements als contemplated under the Registration Act, 1908 and the Indian Stamp Act, 1899.

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Mr. Abu Akram, learned Standing Counsel for the Wakf Board representing the appellant submits that the Division Bench order of this Court dated 12.11.2021 in W.A.No.3i8 of 2()21 & batch has been stayed by the Supreme Court in S.L.P(C).Nos.4166-417512022 (Telangana State Wakf Board v. Perugu Radha Madhavi) uide order dated 12.o9.2022.

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As a matter of fact, Supreme Court has passed an ad-interim order on that day directing the respondents not to create any third party right.

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4 HC] & NTRJ W.A.No. t86 of 2023

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9 If this is the position, question of directing the Sub-Registrar for registration of documents does not arise.

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We accordingly set aside the order

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dated 28. lO.2O22 passed by the learned Single Judge in W.P.No.38726 of 2022 and remand the matter back to the Iearned Single Judge having roster to decide the writ petition afresh in accordaace with law.

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ll. Writ Appea1 is accordingly allowed. However, there shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if

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any, in this Writ Appeal, shall stand closed.

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SD/- B.S.CHIRANJEEVI JOINT REGISTRAR

//TRUE COPYII

SECTIO OFFICER

To,

1 The Chief Executive Officer, Telangana State Wakf Board, Huz House, Nampally, Hyderabad

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2 The Principal Secretary, Stamps and Registration Department, State of Telangana, Secretariat, Hyderabad. The Sub Registrar, Malkajigiri, Medchal Malkajigiri District.

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4 The Section Officer, Writ Non-Service Section,High Court of Telangana, Hyderabad

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5 The Section Officer, Posting Section,High Court of Telangana, Hyderabad 6 One CC to Sri Abu Akram, SC for Wakf Board [OPUC]

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7 Two CCs to GP for Stamps and Registrations, High Court for the State of Telangana at Hyderabad. [OUT]

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o One CC to Sri Dantu Venkata Ramana Sarma, Advocate [OPUC]

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o Two CD Copies

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CHR GJP

I I

HIGH COURT

DATED:1 310212023

JUDGMENT

W.A.No.186 of 2023

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ALLOWING THE WRIT APPEAL WITHOUT COSTS

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The Telangana State Wakf Board v. G. Madhavi ,Geedi Madhavi Goud

Case brief

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The Telangana State Wakf Board v. G. Madhavi ,Geedi Madhavi Goud

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