B.RUPALATHA Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellants had purchased various plots in Sy.No.327 of Palamaner Village of Chittoor District and are said to have constructed their houses in the said land. Some of the appellants sought to dispose of their property and approached the Sub-Registrar, Palamaner for ascertaining market value, of the plots, for calculation of stamp duty and registration charges. The 5th respondent, by way of endorsements, refused to furnish this information on the ground that he had received a letter of the Wakf Board, dtd. 12/10/2012, stating that the land is Wakf Land and no registration can take place in relation to that land. The appellants challenged the endorsements given by the 5threspondent, as well as the letter of the Wakf Board, dtd. 12/10/2012, by way of W.P.No.30916 of 2014.

(2.) The appellants had taken the stand that the land in question is private land on which various houses have been constructed after obtaining due permission from the Municipality and that the title to the land could be traced back to a sale deed, dtd. 10/10/1946, which was prior to the Wakf Act of 1954 coming into force. The appellants further contended that the possession and enjoyment over this land, by private individuals, had never been challenged for more than 68 years and as such title to the land is perfected. The appellants also contended the very same proceedings, relating to another piece of land situated in Sy.No.963/3 had been challenged in W.P.No.12412 and 12875 of 2017 and the same was allowed by the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by an order, dtd. 18/7/2013.

(3.) The Wakf Board, took the stand that the land to an extent of Ac.2.04 cents in Sy.No.327 of Palamaner Town was Inam Land granted under title No.1979 under Towliath of Syed Hyder Saheb for service for an Ashurkhana, maintenance of tombs and Peerla Makhan. Sri Syed Hyder Saheb, was only a Manager of the property and had no right to alienate the property. However, the family members of Sri Syed Hyder Saheb appear to have sold away the land and such deeds of sale would not, in any manner, give title to the purchasers. The Wakf Board also took the stand that even if there is a dispute as to whether the land is Wakf land, alternative remedies are available and a petition under Article 226 would not be maintainable.