HUSSAIN ALI KHAN, Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition is filed for a Mandamus to declare the action of respondent No. 5 in not receiving and registering the documents in respect of Acs. 5 -13 guntas of land in Survey No. 373/1 and Acs. 1 -05 guntas of land in Survey No. 373/3 total admeasuring Acs. 6 -18 guntas situated at Moula Ali Village, Malkajgiri Mandal, Ranga Reddy District (hereinafter referred to as "the subject property"), as illegal and arbitrary. The petitioner sought for declaration that notification issued under Section 22 -A of the Registration Act, 1908 (for short 'the Act'), in so far as it relates to the abovementioned property is concerned, as illegal and arbitrary. I have heard Mr. K. Raghuveer Reddy, learned Counsel for the petitioner, and Mr. Mir Masood Khan, learned Standing Counsel for A.P. State Wakf Board, appearing for respondent No. 6, besides the learned Assistant Government Pleader for Revenue representing respondent Nos. 1 to 5, at length.

(2.) THE petitioner claims to be one of the descendants of late Nawab Najmud Dowla Bhadur and his son Nawab Hussain Nawaz Jung. It is the pleaded case of the petitioner that the aforesaid property was declared as a private property and the matruka property of the said Nawab Najmud Dowla Bhadur and not a wakf property by the competent civil Court vide Judgment and Decree, dated 12 -01 -1979, in OS. No. 11 of 1971 and that the said judgment was affirmed by a Division Bench of this Court vide Common Judgment, dated 29 -08 -1983, in CCCA. Nos. 115 of 1976, 129 of 1997 and 38 of 1980. When the petitioner approached respondent No. 5 for registration of sale deed executed in respect of the said property, respondent No. 5 refused to receive the same by informing the petitioner that the same is included in the list furnished by the Deputy Inspector General -II of Registration & Stamps, Hyderabad, and communicated to the District Registrar on 11 -11 -2009, showing the said property as belonging to Respondent No. 6. When the petitioner approached respondent No. 2 for issuance of No Objection Certificate (NOC), the latter has called for a report from the Revenue Divisional Officer, Chevella, who submitted his report on 07 -03 -2011, stating that the petitioner is entitled for NOC for 10,000 square yards and recommended for NOC in respect of the land in Survey Nos. 373/1 and 373/3 of Moula Ali Village, Malkajgiri Mandal, Ranga Reddy District. Upon receipt of the said report, respondent No. 2 has issued letter No. E1/5897/2009, dated 02 -04 -2011, to respondent No. 6 with a request to verify the connected wakf records and offer specific remarks as to the interests of the Wakf Board over the subject property. The grievance of the petitioner is that respondent No. 2 has not proceeded further with the issue of NOC evidently on the ground that respondent No. 6 has not submitted any remarks. Since the stalemate regarding the registration of the subject property continued, the petitioner filed this Writ Petition.

(3.) TODAY at the hearing, the learned Standing Counsel for the A.P. State Wakf Board submitted that respondent No. 6 has paid the costs and advanced his contentions.