THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9378 o”
06. 02-2012 M/s Bhagyanagar Investments & Trading Private Ltd.and others The Sub-Registrar, Champapet,R.R District & another Counsel for the petitioners: Sri K.
Rama Krishna Reddy Counsel for respondents: G.P.
for Revenue Sri M.A Mukheed, for R-2 Gist: Head Note: Citations:
1. AIR 200.A.P 31.2) (1979) 2 SCC 46.JUDGMENT
: The petitioners purchased different extents of land totalling to Ac.26.25 guntas in Sy.Nos.302 and part of 303 of Mamidipally to one of non-agricultural purposes.
They paid a sum of Rs.1,06,50,000/- towards the stipulated fee.
Permission was accorde The land was divided into plots and necessary deeds of transfer, in respect of places covered by roads and common areas in th April and November 2008.
A sale deed dated 06-04-2009 executed in favour of one of the prospective purchasers of the petitio was presented for registration before the 1st respondent.
The document was kept pending, by assigning not P-137/2009.
Two da on 08-04-2009 to the effect that the document cannot be registered, in view of the information received from the A.P.
Wakf Bo The petitioners contend that the claim of the 2nd respondent that the land in Sy.Nos.302 and part of 303 of Mamidipally Villa in relation to the lands in Sy.Nos.302 and 303 of Mamidipally Village is contrary to the provisions of that Act.
According t The principal contest to the writ petition is by the 2nd respondent.
A detailed counter-affidavit is filed, stating that the land in Sy.Nos.299 to 306 of Mamidipally Village was Sri K.
Rama Krishna Reddy, learned Senior Counsel appearing on behalf of the petitioners submits that the predecessors in tit on behalf of the 2nd respondent, almost a decade thereafter does not have any bearing upon the rights, that are derived from Learned Senior Counsel submits that the Wakf Act prescribed a detailed procedure to be followed, whenever a notification unde Learned Government Pleader for Revenue and Sri M.A.
Mukheed, learned Standing Counsel for the 2nd respondent, on the other ha The A.P.
State Legislature intended to prohibit registration of documents owned by the Government and accordingly introduced "Sec.22-A: Prohibition of Registration of certain documents:- (1) The following classes of documents shall be prohibited from registration, namely:-- (a) documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute (b) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immov (c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 (d) Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) (e) Any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the r (2) For the purpose of clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reaso (3) xxx (4) xxx" A perusal of this discloses that the prohibition would apply not only in respect of the documents pertaining to the lands owned by the State or Central Governments, but also those, held In the instant case, the registration of document, submitted by the petitioners, is refused on the ground that it is in relat 09-02-1989, under the Wakf Act 1954, as regards the said property.
If the matter were to have been as simple as that, no exc The land in Sy.Nos.302 and part of 303 of Mamidipally Village was covered by the provisions of the Inams Act.
By operation o With the publication of a notification under Section 4 of the Wakf Act, 1954, which is similar to the provisions under the Wa viz., a) whether a notification under the Wakf Act, 1954, shall have the effect of extinguishing the rights determined under anothe b) whether the notification dated 09-02-1989 under the Wakf Act issued in respect of the land in Mamidipally Village can be t c) whether the starting point for computation of limitation for institution of proceedings to challenge the notification unde It has already been mentioned that the predecessors in title of the petitioners were granted ORCs in the year 1980 by the con vest, as a first step, in the Government.
Certain rights are conferred upon the persons, who are in enjoyment of the propert Further, the publication of a notification under the Wakf Act is only a step to add statutory flavour to the rights, which a The petitioners submit that the notification dated 09-02-1989, published in respect of Sy.Nos.302 and part of 303 is untenabl "Sec.4: Preliminary survey of wakfs:-- (1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of Wakfs a (2) All Additional and Assistant Survey Commissioners of Wakfs shall perform their functions under this Act under the general (3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of w (a) the number of wakfs in the State showing the Shia Wakfs and Suni wakfs separately; (b) the nature and objects of each wakf; (c) the gross income of the property comprised in each wakf; (d) the amount of land revenue, cesses, rates and taxes payable in respect of each wakf; (e) the expenses incurred int eh realisation of the income and the pay or other remuneration of the mutawalli of each wakf; a (f) such other particulars relating to each wakf as may be prescribed.
(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Co (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any court or office; (d) issuing commissions for the examination of any witness or accounts; (e) making any local inspection or local investigation; (f) such other matters as may be prescribed.
(5) If, during any such inquiry, any dispute arises as to whether a particular wakf is a Shia wakf or Suni wakf and there are (6) The State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second or sub Provided that no such second or subsequent survey shall be made until the expiry of a period of twenty years from the date on From this, it is clear that a detailed survey is required to be conducted.
The publication of the notification must be soon, It was way back in the year 1960, that the survey in respect of the land in Sy.Nos.299 to 306 of Mamidipally Village was cond This Court, in B.Gowra Reddy's case (supra) dealt with the manner in which the notification under challenge herein was issued The third contention arises on account of the objection raised by the 2nd respondent, to the effect that the petitioners cann The question as to whether the limitation and other aspects covered by Sections 4 to 6 of the Wakf Act would apply in relatio on the one hand, and the persons interested in the wakf, on the other, but not against the persons, who are not interested in For the foregoing reasons, the writ petition is allowed, as prayed for.
The miscellaneous petition filed in this Writ Petition also shall stand disposed of.
There shall be no order as to costs.
_______________________ L.NARASIMHA REDDY, J Dt:
06. 02-2012