VALLURU SIVA PRASAD Vs. DISTRICT REGISTRAR, REGISTRATION STAMPS

JUDGEMENT

(1.) Impugning the proceedings issued by respondent No.3 vide proceedings in Rc.No.1104/2005/E4 dtd. 29/10/2007 to respondent No.1, to prohibit the registration of documents relating to transfer of property of an extent of Ac.11-38 cents in survey No.508 and an extent of Ac.4-00 cents in survey No.509, in pursuance of the list published by respondent No.2, under Gazette Serial No.874 dtd. 28/6/1962, the above writ petition is filed.

(2.) The averments, in brief, in the affidavit, are that the petitioner owns the property admeasuring 313.3 square yards in D.No.508 of Vasavi Nagar, Guntur. The land of an extent of Ac. 2-00 cets, in survey No.508 belonged to Sri Ch. Suryanarayana, who purchased the same under a registered document bearing No.2852/1946 dtd. 16/10/1946. After Sri Suryanarayana's lifetime, his wife Manikyamma enjoyed the property and later gifted it to her daughter Ch. Padmavathi vide registered gift deed dtd. 4/6/1964. Smt. Padmavathi, converted Ac.2-00 cts into house plots and sold to different individuals, after obtaining permission from Urban Land Ceiling (ULC) authorities.

(3.) A counter affidavit was filed on behalf of respondent No.2. It was contended, inter alia, that a writ petition, challenging the list of Wakf property published in the notification under Sec. 5(2) of the Wakf Act, 1954, is not maintainable. The registered document of the year, 1946 does not provide details about the vendor of late Ch. Suryanarayana, and said Ch. Suryanarana has no title to the property.