K SULOCHANA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard Sri P. Vengal Reddy, Counsel for writ petitioners in both to the writ petitions, the learned Government Pleader for Revenue and the learned Standing Counsel Sri S.M. Subhani representing the A.P. State Wakf Board.

(2.) The writ petitioners in these writ petitions K.Sulochana and K. Sai Baba Guptha respectively had questioned Rc.No.E8/2262/2002 dated 17-8-2002 of the 1st respondent, District Collector and District Magistrate, Kurnool on the ground that the same is illegal, without jurisdiction, arbitrary and unreasonable and prayed for such other suitable reliefs. In view of the fact that common questions are involved both these writ petitions are being disposed of by a common order.

(3.) The proceedings of the Collector and District Magistrate, Kurnool dated 17-8- 2002, the impugned notice in these writ petitions, reads as hereunder : Proceedings of the Collector and District Magistrate, Kurnool Present: Sri G. Sat Prasad, I.A.S. Rc.E 8/2262/2002 Dated 17-8-2002 Sub-Registration of wakf properties - Certain instructions - Issued. Ref: Representation of the Muslims Service Society, dated 22-7-2002. ORDER :During the review meeting held on 20-7-2002, it is brought to notice by the Muslim Service Society that the Sub-Registrars in the district are registering the properties on the basis of layout or plot Nos. without mentioning the Survey Numbers. In view of the above situation it has become very difficult to identify the unauthorized encroachments so made by the public over the wakf properties by the Revenue or Municipal Authorities in the absence of specific Survey Numbers. It is therefore ordered that all registrations should be necessarily made duly mentioning the Survey Numbers irrespective of the property i.e., land/house/structure/open site by the Sub-Registrar in future. Any deviation in this regard will be reviewed very seriously. All Sub-Registrars in the District are requested to put an end to the procedure of registering the lands/houses/ with lay out or plot Nos. The following Survey Nos. of Kurnool District are the Wakf properties as represented by the Muslim Service Society, Kurnool. The order Survey Nos. of all Wakf properties in Kurnool District will be furnished soon. <FRM>JUDGEMENT_539_ALD4_2005Html1.htm</FRM> The Sub-Registrar, Kurnool is directed not to allow registrations pertaining to the above survey numbers hereafter. The receipt of this order should be acknowledged by return of post. Sd/- G.Sai Prasad, Collector, Kurnool On a careful reading of the impugned proceedings issued by the 1st respondent it is clear that the 1st respondent issued certain directions in view of the difficulty to identify the unauthorized encroachments and most probably the same had been issued with a view to protect the wakf properties in pursuance of the representations made by the Muslim Service Society. There cannot be any doubt or controversy that the object with which the impugned proceedings had been issued cannot be found fault. It may be in the interest of the institution or to protect the wakf properties. But the question is whether the 1st respondent is having authority or jurisdiction to issue the same and whether the impugned proceedings can be sustained or to be set aside.