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2024 DIGILAW 1172 (AP)

Chejarla Lakshmi Narayana, S/o. Venkateswarlu v. State Of Andhra Pradesh

2024-08-22

GANNAMANENI RAMAKRISHNA PRASAD

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ORDER : Heard Sri K.P.S.Sailesh Reddy, Learned Counsel for the Writ Petitioners and Sri Shaik Khaja Basha, Learned Standing Counsel representing the Wakf Board (Respondent No.5) in W.P.Nos.18423, 18424, 18427 and 18428 of 2024. 2. Learned Counsel for the Writ Petitioners would submit that the registration authorities have declined to register sale deeds bearing P.Nos.101/2024, 99/2024, 97/2024 and 96/2024 dated 23.07.2024 on the ground that the said properties have been included in the Prohibition List under Section 22-A(1)(c) relating to an extent of Ac.20.68 cents in Survey No.141 of Ongole Town, Prakasam District. 3. Learned Counsel for the Petitioners would submit that vide G.O.Ms.No.31, dated 10.01.1986 (Ex.P2), the said extent of Ac.20.68 cents in Survey No.141 was permitted to be sold by the A.P.Wakf Board. It is stated in the said G.O.Ms.No.31 that the extent of Ac.20.68 cents in Survey No.141, which is the Wakf land belonging to the A.P.Wakf Board, would be sold. Accordingly, the sale took place in favour of Muslim Miniorities Sankshema Seva Sangham at the rate of Rs.25,000/- per acre. 4. Learned Counsel would submit that the said land was thereafter alienated by the Muslim Minorities Sankshema Sangham, Ongle to several members of the Sangham by dividing the land into many plots. After change of hands, the said extent of land was purchased by the present Writ Petitioners, and they wanted to get the sale deeds executed and registered. Accordingly, they had submitted the sale deeds before the Respondent No.3 for registration. Whereas, the Registration Authorities have kept the Registrations in abeyance on the ground that the said lands are in the Prohibition List. 5. Learned Standing Counsel for the Wakf Board (Respondent No.5) has affirmed to the position that the Wakf Board has lawfully permitted for sale of the abovementioned extent of land (Ac.20.68 cents in Sy.No.141 of Ongole Town) and that the sale had already taken place in the year 1998. He would submit that if the Writ Petitioners make an application before the Wakf Board seeking deletion of their respective extents from out of the total extent of Ac.20.68 cents in Survey No.141 from the list of Prohibited properties under Section 22-A(1)(c) of the Registration Act, the same would be considered. 6. He would submit that if the Writ Petitioners make an application before the Wakf Board seeking deletion of their respective extents from out of the total extent of Ac.20.68 cents in Survey No.141 from the list of Prohibited properties under Section 22-A(1)(c) of the Registration Act, the same would be considered. 6. In the above premise, it becomes necessary for this Court to discuss and deal with the aspect of deleting the entire extent of Ac.20.68 cents in Survey No.141, Ongole Town from the Prohibition List. The facts in the present case would indicate that the land admeasuring an extent of Ac.20.68 cents in Sy.No.141 of Ongle Town, that was originally notified as Wakf property (then under Ashurkhana), as per the Gazette Notification No.26 dated 28.06.1962 was legally brought for sale vide Proceeding of the Wakf Board through G.O.Ms.No.31 dated 10.01.1986 (Ex.P.2). By virtue of the said Proceeding, the land was alienated by way of sale to the Muslim Minorities Sankshema Seva Sangham, Ongole for a consideration on the basis of the market value fixed at Rs.25,000/- per acre. Thereafter, the Wakf Board (Respondent No.5) had issued a Memo dated 18.02.1986 (Ex.P.3). 7. The above mentioned steps/proceedings would make it clear that the above mentioned land became the free-hold property of Muslim Minorities Sankshema Seva Sangham, Ongole by the year 1986 itself. Thereafter, this entire land (Ac.20.68 cents) was divided into several plots and all such plots were sold to the members of the Sangham as a free hold land. Thereafter, during the year 1990 and thereafter, under different registered Sale Deeds, the owners of the plots have re-sold different parcels of land of various extents to several others, wherein the Writ Petitioners were only some of such bonafide purchasers vide registered Sale Deed dated 26.09.1990 (Document No.3744 of 1990) etc. 8. It is not only surprising but also disappointing to note that the Wakf Board which parted with the entire extent of Ac.20.68 cents in Sy.No.141 of Ongole Town way-back in the year 1986 itself did not take the logical and consequential steps to address any correspondence to the competent authorities for deletion of this parcel of land from the Prohibition List under Section 22-A of the Registration Act. On account of this inaction, the plot owners of small extents individually were made to run from pillar to post to get their fragmented plots deleted from the Prohibition List before the Registrar each and every time a sale of plot takes place. This inaction on the part of the Wakf Board (Respondent No.5) runs counter to the Public Interest. When once the Wakf Board had parted with its property, as in this case in January, 1986, the Wakf Board would have no domain over such land and therefore, it is not entitled to make a submission that the said Board would consider the cases of individual plot owners and grant permission for Registration. 9. In this view of the matter, this Court is constrained to make observations against the Wakf Board to the effect that the situation as in the present case in respect of individual plots had grossly arisen only on account of the lethargy and inaction on the part of the Wakf Board of not taking steps for almost 40 years for deleting the extent of Ac.20.68 cents in Sy.No.141 of Ongle Town from the Prohibition List. Having taken the conduct of the Wakf Board into consideration as narrated herein above, this Court is rather dismayed and shocked as regards the conduct of the Wakf Board in not taking consequential and logical steps in getting the above mentioned property deleted from the Prohibition List. This Court is seriously concerned with the plight of several plot owners who would have suffered the ordeal of approaching the Wakf Board for obtaining permission for getting their fragmented piece of plot registered. 10. Having so observed, there shall be a direction to the C.E.O of the Wakf Board (Respondent No.5) to address a communication to the Competent Authority and get the land of an extent of Ac.20.68 cents in Sy.No.141 of Ongole Town be permanently deleted from the Prohibition List under Section 22-A of the Registration Act. There shall be a further direction to all the Respondents to complete the deletion process within eight (8) weeks from the date of uploading of this order on the website of this Court in such manner that no plot owner whose plot is situated in Ac.20.68 cents in Sy.No.141 of Ongole Town shall be required to approach either the Wakf Board (R-6) or the Official Respondents for clearance under Section 22(1)(c) of Registration Act. This Court is of the firm view that, it is only by implementation of the above directions that the future misery of the plot owners could be avoided whenever the plots which were part of extent of Ac.20.68 cents in Sy.No.141 of Ongole Town are sought to be sold/purchased. 11. These Writ Petitions stand allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order.