INAMPUDI HARI BABU Vs. GOVERNMENT OF ANDHRAPRADESH REP BY ITS SECRETARY REVENUE REGISTRATION SECRETARIAT HYDERABAD

JUDGEMENT

(1.) The land in Survey No.228 of Chandole Revenue Village, Pittalavanipalem Mandal, Guntur District was held by one Sri Mohammed Ghalib. He sold that land in favour of the first petitioner in the year 1991. The first petitioner executed sale deed in favour of the third petitioner through sale deed dated 16.10.2010 in relation to that land. It is stated that the second petitioner was owner of 50 cents of land in Survey No.226 in the said village having inherited the same from his father, who is said to have purchased in the year 1968. The second petitioner sold that to the fourth petitioner on 16.10.2010.

(2.) Both the documents dated 16.10.2010 were presented for registration before the Sub Registrar, Pittalavanipalem, the third respondent herein. He refused to register the documents on the ground that he received information from the Inspector of Wakfs, Guntur, the fifth respondent herein, to the effect that the said lands are owned by a Wakf Institution.

(3.) The petitioners state that the Andhra Pradesh Wakf Board, the fourth respondent herein filed O.S.No.382 of 1973 before the Court of Additional District Munsiff, Tenali in respect of the said lands for recovery of possession and that the suit, along with other similar matters were decreed on 22.04.1978 and that A.S.No.69 of 1978 and batch filed against the decrees were allowed on 16.01.1981 by the Court of Subordinate Judge, Tenali upholding the title of private individuals. Second Appeal No.580 of 1981 filed by the Wakf Board is said to have been dismissed by this Court. The petitioners further contend that in recognition of their rights, ryotwari pattas under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, were issued and Pattadar Pass Books were also issued in their favour. The petitioners, finally plead that there is no basis for the fifth respondent to claim right or title as regards the said land; much less for the third respondent to refuse registration of the documents.