CHEKURI PRAVEENA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed to declare the action of the respondent No.2 in not releasing the said pending documents in respect of lands admeasuring Ac.0-34 gts., in Sy.No.331 and Ac.01-10 gts., in Sy.No.332, total admeasuring Ac.02-04 gts., situated in Khammam Urban Mandal, Khammam village and District and the land admeasuring Ac.0-06 gts., in Sy.No.332, Ac.01-16 gts., in Sy.No.335 and Ac.01-14 gts., in Sy.No.336 total admeasuring Ac.02-36 gts., in Khammam Urban Mandal, Khammam Village and District in the jurisdiction of Joint Sub-Registrar, Khammam on the ground that the said property is part of the Waqf gazette notification bearing No.4-A Supplement to part - II dtd. 25/1/1990 at Page No.143, Sl.No.10714 as arbitrary and illegal and consequently direct respondent no.2 to release the aforementioned pending documents without reference to the said Waqf Gazette notification.

(2.) Learned counsel for the petitioner submits that one M.Vekataiah and M.Jayalaxmi are the absolute owners of the land admeasuring Ac.5-00 gts in Sy.Nos.331, 332, 335 and 336 situated at Khammam Revenue District and Mandal, Khammam Municipal town. Smt.M.Jayalaxmi who is the owner of Ac.02-36 gts., sold the said land to one G.Kishore (vide pending doc No.P.111/2009) and inturn he gave GPA to Chekuri Sridhar i.e., the third petitioner herein (vide pending doc No.P.324/2009). Thereafter, M.Venkataiah who is the owner of remaining Ac.02- 04 gts., sold the said land to N.Mallikarjun and inturn N.Mallikarjun have sold the said land to petitioner Nos.1 and 2 herein (vide pending doc No.P/37/2011 dtd. 15/2/2011).

(3.) It is submitted that by virtue of the said sale petitioner Nos.1 and 2 have become absolute owners of Ac.02-04 gts., whereas petitioner No.3 is GPA holder of G.Kishore and petitioner No.3 purchased Ac.0-06 gts., of land in Sy.no.332, Ac.01-16 gts., of land in Sy.no.335 and Ac.01-14 gts., of land in Sy.No.336 total admeasuring Ac.2-36 gts., through pending Doc.No.P/324/2009 dtd. 2/6/2009. It is further submitted that Joint Sub-Registrar i.e., respondent No.2 herein received the aforementioned documents, collected the requisite fees and kept the documents pending from the year 2009. Thereafter, when the petitioners have approached respondent No.2 to release the above documents, it was informed that the subject lands were part of the waqf Gazette Notification bearing No.4-A part-II dtd. 25/1/1990 at page 143, Sl.No.10714.