ABUBAKER SAYEED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioner presented the sale deed to the 4th respondent - Sub Registrar, Stamps and Registration Department, Champapet, Rangareddy District, for registration in respect of subject property in an extent of Ac. 1-32 gts. situated in Sy.Nos.302 and 303, Mamidipally village, Balapur mandal, earlier in Saroornagar Mandal, Rangareddy District. Vide the Lr.No.459/2019 dated 30.12.2019, the 4th respondent refused to register the same on the ground that the subject property is in the prohibitory property list under Section 22-A of the Registration Act, 1908 and that the land in Sy.Nos.302 and 303, is a wakf land as per the Andhra Pradesh Gazettee No.6-A dated 09.02.1989. Aggrieved by the said action of the 4th respondent, the present writ petition is filed.

(2.) The case of the petitioner as per the averments made in the affidavit filed in support of the writ petition is that, originally one Mr.Mir Ahasam Ali Khan was the Maqtadar of the land in an extent of Acs.18.00 situated in Sy.Nos.302 and 303, Mamidipally village, Saroornagar mandal, Rangareddy District. Consequent to introduction of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, (for short 'the Inams Abolition Act') the land is notified as Inam Dastagardan. After the demise the Maqtadar i.e., Mr. Mir Ahasam Ali Khan in the year 1982, his legal heirs, executed a registered sale deed vide document No.3548 of 1982 dated 17.05.1982 in favour of Mr. Jaffer Bin Ahmed Barzaqee, for an extent of Acs.18-00, i.e., Acs.11.20mgrts. in Sy.No.302 and Acs.6.20 gts in Sy.No.303. Thereafter, the Revenue Divisional Officer, after issuing notice to the affected parties, and conducting enquiry, issued Occupancy Rights Certificate (ORC), under the provisions of Section 8 read with Section 10 of the Inams Abolition Act to Mr. Jaffer Bin Ahmed Barzaqee vide proceedings No.H/5391/1984 dated 11.05.1984. During the year 1997, the said Mr.Jaffer Bim Ahmed Barzaqee, sold an extent of Acs.11.08 gts. vide registered sale deed dated 17.01.1997 bearing document No.344 of 1997. Out of the remaining extent of Acs.6.32 gts., owned by Mr.Jaffer Bin Ahmed Barzsaqee, an extent of Acs.5.00 is under litigation in the civil court, and the balance extent of Ac.1.32 gts. is free from any litigation and to this extent, the name of Mr. Jaffer Bin Ahmed Barzaqee, is also mutated in the revenue records and he was also issued with pattadar pass book and title deeds. The petitioner purchased the said extent of Ac.1-32 gts. under registered agreement of sale-cum-general power of attorney with possession under document bearing No.861 of 2008 dated 21.02.2008 from the said Mr.Jaffer Bin Ahmed Barzasaee. Now the grievance of the petitioner is that when he intended to sell the subject property, the 4th resident refused to receive the document on the ground that the said land is included in the list of prohibited properties under Section 22-A of the Act, and the land is notified as belonging to wakf institution vide notification dated 09.02.1989. Aggrieved by the same, the present writ petition is filed.

(3.) Counter affidavit is filed on behalf of the 5th respondent - Wakaf Board by its Chief Executive Officer. In the counter affidavit it is stated that the subject land forms part of Dargah in the area of Saif Nawaz Jung situated at Mamidpally village, which is a wakf property and that the lands in Sy.Nos.269 to 277, 281 to 297, 299 to 306, totally admeasuring Acs.228-00 of Mamidipally village, were notified as wakf property vide notification dated 09.02.1989. It is stated that under Section 8 of the Act, ORC will be issued to the occupant of the inam land as non-protected tenant, but whereas the vendor of the petitioner i.e., Mr. Jafer Bin Ahmed Barzeeq, is a purchaser of the subject land and he is not a non-protected tenant over the said land and hence he is not entitled for any ORC, and the ORC obtained by him vide the proceedings No. H/5391/1984 dated 11.05.1984, is by fraudulent means, and hence the same cannot be relied upon. It is further stated that when the Revenue Divisional Officer, Rangareddy District, issued ORCs during the year 2005, in respect of the lands in Sy.Nos. 269 to 277, 281 to 297, 299 to 306, appeals were filed and the Joint Collector passed a common order dated 25.02.2006 setting aside the ORCs, and in one of the writ petitions filed against the orders passed by the Joint Collector in W.P.No.5039 of 2008, this court passed interim order dated 11.03.2008 directing the parties to maintain status quo and the said writ petition is pending as on today. Therefore, it is stated that as the lands belongs to wakf institution and a notification was published on 09.02.1989 and the ORC obtained by the vendor of the petitioner was in a fraudulent manner and this court granted status quo in respect of the survey numbers, where the land of the petitioner is situated, and the said writ petitions are pending, the objection taken by the 4th respondent for not registering the document, is sustainable, and the same may not be interfered with.