YELALA NARASIMHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed to issue a writ of Mandamus declaring the impugned letter/order of the 4th respondent in F.No.01/Prot/AP/Genl/2016, dtd. 16/11/2016 insofar as including the land in Sy.No.320 of Parimala Nagar, Kallur Village and Mandal, Kurnool District (now 76th ward of Kurnool City) in the prohibitory list under Sec. 22-A(1) of the Registration Act, 1908 (for short 'the Act') though the 4th respondent claim was dismissed in O.S.No.27/1969 by the Additional Subordinate Judge, Kurnool by judgment and decree dtd. 26/2/1970 and orders of the erstwhile High Court of Andhra Pradesh in W.P.No.10631/1992 dtd. 28/12/1992 and number of subsequent orders of this Court, Civil Courts and Wakf Tribunal, as being illegal and arbitrary and consequently to set aside the impugned notification insofar as inclusion of the aforesaid land in Sy.No.320.

(2.) The case of the petitioner is that he purchased plot bearing No.89 admeasuring 143.61 Sq. yards in Sy.No.320 of Parimala Nagar, Kallur Village and Mandal, Kurnool District (now 76th ward of Kurnool City) from his vendor by name V.Vishnu Vardhan Reddy for a valuable consideration. Since then, he has been in continuous possession and enjoyment of the subject property without any interruption from anybody. The letter of the 4th respondent dtd. 16/11/2016 restraining the 3rd respondent from registration of the document in respect of the land situated in Sy.No.320 on the ground that the land is a Wakf property, is illegal. The issuance of order by the 4th respondent is contrary to the judgment and decree passed in O.S.No.27 of 1969 dtd. 26/2/1970 by the Additional Subordinate Judge, Kurnool. The suit was filed by the Wakf Board, Andhra Pradesh, Hyderabad, represented by its Regional Officer, Anantapur, for recovery of the plaint schedule property, wherein the Survey No.320 is included and after detailed trial, the suit was dismissed. The Court observed that all the documents filed before the trial Court shows that the lands were sold to the defendants or to their predecessors in 1940, 1943 and the lease deed also goes to show that it was executed in 1915; the plaintiff does not know when the institution lost its possession and who endowed the property; and all the alienations in respect of all the four items were effected prior to 1947, holding that the suit is dismissed on the ground it is barred by limitation. The said judgment and decree have become final. The erstwhile High Court of Andhra Pradesh allowed W.P.No.9228 of 2013 by order dtd. 28/3/2013 holding that the Wakf Board can no longer assert any right over the land in Survey Nos.317 and 320 and the action of the Sub-Registrar, Kallur Village in refusing to register the document presented by the petitioners therein in respect of the subject land cannot be sustained. In view of the decree and judgment in O.S.No.27 of 1969 dtd. 26/2/2017 passed by the Additional Subordinate Judge, Kurnool and orders passed in W.P.No.9228 of 2013 dtd. 28/3/2013, the impugned letter of the 4th respondent dtd. 16/11/2016, is arbitrary and liable to be set aside.

(3.) The 2nd respondent filed counter stating that the