Allowed

The Telangana State Wakf Board v. Bandaru Subba Rao and 2 others

Telangana HC13 Feb 2023WA/188/2023

Case brief

AI extract

What is this about?

The High Court allowed a Writ Appeal against a Single Judge's order directing registration of documents for properties that were previously declared as Wakf. Relying on a Supreme Court stay, the Court set aside the registration order and remanded the matter for fresh consideration.

What did the court decide?

Common order dated 28.10.2022 setting aside the previous Gazette notification and directing registration was set aside. The matter is remanded to the Single Judge to decide the writ petition afresh.

The Telangana State Wakf Board Vs Bandaru Subba Rao and… — Property and Title | Telangana HC (2023)

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[³³¹¹ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, 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

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THE HONOURABLE SRI JUSTICE N.TUK.ARAMJI

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WRIT APPEAL NO: 188 OF 2023

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Writ Appeal under clause 15 of the Letters Patent prefered against the order dated 2811012022inw P No 38962 of 2022 on the fite of the High coIrt.

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Between:

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The Telang?n.a State Wakf Board, Rep by its Chief Executive Officer, Huz House, Nampally, Hyderabad

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AND

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...APPELLANT/RESpONDENT No.3

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Bandaru supblRao, s/o. r.B.chinna Nandaiah, Aged about 65 years, occ. Pusiness,^{Ryo. 7-1-2121N31, ptot No. 46,} Shivaba[h Coio;r,a,ie6rpbt, HYderabad

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...REspoNDENTS/wRrr^pETrroNER

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The state of relangana, Rep by its principat secretary, stamps and Begi$ration Depa r{ment, Sdcr6tariat, Hyderabad.

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The sub Registrar, Kapra,Malkajigiri, tvt6ochat Malkajigiri District

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...RESPONDENTS/RESPONDENTS No.1&2 in W.p.

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lA NO: 2 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 :YS!9ld^{the operation of the Common Order dated28-10-2022passed} in w.P.No. 38962 of 2022 (w.p.No.39286 of 2022 and batch) passed by the learned Single Judge of this Hon'bte Court pending disposal o[the Writ Appeal.

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counsel for the Appellant: SRt ABU AKRAM (sc FoR TS WAKF BOARD)

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counsetfor the Respondent No.I: SRI DANTU VENKATA RAMANA SARMA

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counsel for the Respondent No.2 & 3: GP FoR sTAMps AND REGTSTRATTONS

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The Gourt made 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 JUSTICD N. TUKARAMJI

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WRIT APPEAL No.188 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-Telangana State Wakf Board (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.LO.2O22 passed by the learned Single Judge allowing Writ Petition No.39286 of 2022 & batch including Writ Petition No.38962 of 2022 out of which the present appeal arises.

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1"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 l"t respondent for registration of

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1t t

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2 HC] & NTRJ W.A.No.1BB of 2023

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various properties^{situated at MamidipallyVillage, Moulali,} Medchal-Malkaj^giri District.

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Denial of registration^{was on the ground that the} subject properties^{are notified as wakf propertiesunder} Gazette Notilication^{No.6-Apublished in A-P. Gazette, Part-II} dated Og.O2.1989^{as well as in Gazette NotificationNo'27-A} published in A.P. Gazette,^{Part-II dated ol.o7.2oo4 issued by} the Wakf Board in^{respect of lands situatedat Survey Nos'401} xtd, 4o2 of Hanuman^{Nagar,Moulali in Medchal-Malkajgiri} District.

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dated Og.O2.1989^{was set aside by this Court in W.P'No'5938} of 2006 & batch^{uideord,er dated L1.o2.2021, which was} confirmed by a Division^{Bench of this court in writ Appeal} No.318 0f 2021&^{batch uide order dated L2.IL.2021.}

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li; li,,' li r ,:,tillt . .- :

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6 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 HCJ &,MTRJ W.A.No.188 of 2023

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subsequent Notification of the wakf Board dated ol.or.2oo4. Therefore, learned Single Judge took the view that subRegistrar i.e., respondent No.3 was not justified in declining to register the documents presented for registration in respect of the said properties. Accordingry, respondent No.3 has been directed to register the documents after satisfying with the requirements as contemplated under the Registration Act, 1908 and the Indian Stamp Act, 1g99.

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\ \

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Mr. Abu Akram, rearned standing counsel for the wakf Board representing the appeflant submits that the Division Bench order of this court dated L2.rr.2o21 in w.A.No.318 of 2o2r & batch has been stayed by the supreme court in s.L.p(c).Nos.4 r66-4LZs /2022 lrerangana state wakf Board v. perugu Radha Madhavil uide order dated 72.O9.2022.

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8' 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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{- HCJ & NTRJ W.A.No.1BB of 2O23

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If this is the position, question of directing the

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5qf-Registrar for registration of documents does not arise.

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order 10. We accorditrgly set aside the

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dated 28.LO.2022 passed by the learned Single Judge in W.P.No.3B962 of 2022 and remand the matter back to the learned Single Judge having roster to decide the writ petition afresh in accordance with law

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1 1. Writ Appeal is accordingly allowed. However,

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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 ISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary, Stamps and Registration Department, The State of Telangana, Secretariat, Hyderabad.

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The Sub Registrar, Kapra,Malkajigiri, Medchal Malkajigiri District

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

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The Section Officer, Posting Section, High Court of Telangana, Hyderabad.

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One CC to SRI ABU AKRAM (SC FOR TSWB) [OPUC]

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One CC to SRI DANTU VENKATA RAMANA SARMA, Advocate [OPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court forthe State of Telangana at Hyderabad. IOUTI

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