N BIKSHAPATHI Vs. JOINT SUB REGISTRAR HANAMAKONDA

JUDGEMENT

(1.) The petitioner is pujari and heriditary trustee of Sri Bhogeswaraswamy temple, situate at Matwada of Hanmakonda mandal, Warangal district. The lands in an extent of Ac. 1.33 guntas in survey No. 421 and Ac. 2.30 guntas in survey No. 6 of Matwada village are service Inam lands coming within the purview of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act'). As pujari of the said temple, the petitioner and his predecessors have been in possession and enjoyment of the said inam lands. The District Collector, Warangal issued directions to the Revenue Officers to hold an enquiry and pass orders under S. 10 of the Act determining the extent of inam land as an occupant and issue the certificate in favour of the occupant as per rules. The R.D.O., Warangal conducted an enquiry and issued a certificate on 3-2-1988, declaring the petitioner as an occupant of the land above staled and determined the premium at Rs.651.00 payable in ten instalments commencing from 1-1-1989. The petitioner paid the said premium in lumpsum and thus became the absolute owner of the said lands. The land in Sy. No. 421 was divided into plots. In April, 1989 the petitioner sold one plot in favour of two individuals and executed two sale deeds and the same were registered on 4-4-1989. Again in July 1989, the petitioner sold one plot and executed a registered sale deed on 21-7-1989. It appears that the Assistant Commissioner, Endowments, Warangal sent a letter to the District Collector Warangal requesting him to cancel the certificate issued to the petitioner by the R.D.O., Warangal under the provisions of the Act. The District Collector treated the said letter as an appeal, condoned the delay in filing the same without notice to petitioner and suspended the order passed by the R.D.O., Warangal pending disposal of the appeal on 31-7-1989. The petitioner, aggrieved by the order of the District Collector, filed a suit in O.S. 677/89 on the file of Principal District Munsif, Warangal to declare that the order of the District Collector is null and void and not enforceable and also for a permanent injunction, restraining the defendants therein from enforcing the said order. Along with the suit, the petitioner filed LA. 1377/89 for temporary injunction, and temporary injunction was granted on 21-2-90, After the grant of temporary injunction, the petitioner executed thirteen sale deeds on 17-5-1990 and presented the sale deeds for registration before the Joint Sub-Registrar, Warangal. The Joint Sub-Registrar, Warangal has not registered the said documents and kept them pending. When the petitioner requested the Joint Sub-Registrar to state the reasons to keep the documents pending, he issued a speaking order, in which it is staled that the Assistant Commissioner of Endowments, in his letter dt. 17-4-1990 has informed that O.S. 677/89 is pending and requested not to entertain any registration in respect of Sy. No. 421 and Sy. No. 6 of Matwada village until the suit is settled and hence the documents are kept pending. Therefore, the petitioner filed this writ petition, seeking a direction to the 1st respondent to register the sale deeds in respect of the land in Sy. Nos. 421 and 6 of Matwada village of Hanumakonda Mandal, Warangal district uninfluenced by the letter dt. 17-4-90 of the Assistant Commissioner of Endowments, Warangal.

(2.) It is appropriate to quote the speaking order dt. 17-5-90 passed by the Joint Sub-Registrar, Warangal, which runs thus: "DOCUMENT NO. P. 71 to P. 83/90: The documents are sale deeds, executed by Sri Nagavarapu Bikshapathi in respect of S. No. 421 situated at Matwada village, Warangal town relating to Sri Bhogeswara Swamy Temple. The Assistant Commissioner, Endowments Department, Warangal in his letter No. A/32/90, dt/ 17-4-90 has informed that the case in O.S. No. 677/ 89 on the file of the Principal District Munsif Court, Warangal is pending in the Hon'ble Court and requested not to entertain any registration in respect of Sy. Nos.421 and6of Matwada village of Sri Bhogeswara Swamy Temple until the O.S. 677/89 is settled. Hence, the documents are kept pending".

(3.) It is clear from the above speaking order that the Joint Sub-Registrar kept the documents pending with him basing on the information furnished by the Asst. Commissioner of Endowments, Warangal that a civil suit is pending in respect of the land in question and requested him not to entertain registration of any documents in respect of the land in question.