IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 19977 of 2009 Between: P.Yadagiri Reddy S/o.late Mr.Chinna Raji Reddy R/o.H.No.1-35, Upperguda village Ibrahimpatnam Mandal, Ranga Reddy District ..... PETITIONER AND 1 The Sub Registrar , Maheswaram Ranga Reddy District 2 The AP Wakf Board, Reptd by its C.E.O., Nampally, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in issuance of Gazette Notification No,.S-4/RR/2006 dated 8.2.2007 in so far as the land in survey No.82 of Kongara Kurdu-A village, Maheswaram ,R.R.District Notification at Sl.no.46 is illegal, arbitrary, and contrary to law and set aside the same, and the respondent No.1 refusing to handover the registered document sale deed bearing Document No.P-172/2009 dated 7.4.2009 for land in survey No.82 admeasuring 03.00 situated at Kongara Kurdu-A village, Maheswaram Mandal, R.R.District is arbitrary, and contrary to law and also in violation of Article, 14,21 and 300A of the Constitution of India and consequently direct the respondent No.1 to register the sale deed bearing Document No.P-172/2009 dated 7.4.2009 for land in survey No.82 admeasuring Acres 03.00 situated at Kongara Kurdu-A village, Maheswaram Mandla, R.R.District. Counsel for the Petitioner:MR.V.VARA PRASAD REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 19977 of 2009 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of respondent No.2 in issuing Gazette Notification No.S- 4/RR/2006 dated 8.2.2007 in so far as the land in Sy.No. 82 of Kongara Kurdu-A village, Maheswaram, Rangareddy District, which is notified at Sl.No.46, and the action of respondent No.1 in refusing to handover the registered document sale deed bearing Document No.P-172/2009 dated 7.4.2009 for the land in Sy.No. 82 admeasuring Ac.3-00 situated at Kongara Kurdu-A village, as arbitrary, illegal and contrary to law and to set aside the same; consequently, to direct respondent No.1 to register the sale deed bearing Document No. P-172/2009 dated 7.4.2009 for the said land. According to the petitioner, the property in question in Ac.3-00 of land in Sy.No. 82 of Kongara Kurdu-A village of Maheswaram Mandal, Rangareddy District originally belonged to one Chinnaiah Chowdhury and his name appears in the pahanies as pattadar and possessor of the said agricultural land. After the death of Chinnaiah Chowdhury, his wife became the absolute owner and sole successor of the said property. She sold the said agricultural land to one Nimma Mohan Reddy. Subsequently, Nimma Mohan Reddy sold the said land to Akula Shankaraiah in the year 1987. The petitioner’s vendor and his vendors were in possession of the agricultural land and they have cultivated the said land since 1948, uninterruptedly. The vendor of the petitioner, namely, Akula Shankaraiah and three others executed sale deed in favour of the petitioner before respondent No.1 on 12.3.2009. The petitioner paid the entire stamp duty of Rs.3,13,500/- vide Challan No.21524 dated 12.3.2009 and taken receipt after execution of the document. The 1st respondent herein received the document and registered the said property vide Registration No. P-172/2009, but did not release the document. Even after several representations, respondent No.1 refused to release the original document and endorsed on the receipt that the petitioner should obtain ‘No-Objection Certificate’ from respondent No.2. When the petitioner represented the matter before respondent No.1 stating that the land is a patta land since 1948 and his vendor and his vendors were in possession and cultivating the same, respondent No.1 addressed letters to the Revenue Divisional Officer East, Rangareddy District dated 6.7.2009 requesting to issue ‘No-Objection Certificate’ for the land in question. As per the knowledge of the petitioner, the said R.D.O. has not given any reply to the same nor issued any ‘No- Objection Certificate’. Thereafter the petitioner approached respondent No.2 and verified the record and obtained Gazette Notification and found that respondent No.2 published Gazette Notification dated 8.2.2007 for number of survey numbers in Kongara Kurdu village and included the property of the petitioner in the list of wakf properties and published the same without issuing notice either to his vendors or their predecessors in title. According to the petitioner, the action of respondent No.2 in notifying the land in Sy.No. 82 of Kongara Kurdu-A village, Maheswaram Mandal is arbitrary, illegal, violative of the principles of natural justice and offends Articles 14, 21 and 300-A of the Constitution of India. Further, respondent No.2 filed a suit in O.S. No. 16 of 1971 before the Additional Chief Judge- cum-Additional Sessions Judge (II Additional Judge), City Civil Court, Hyderabad and the same was dismissed for default on 10.4.1974 and the same has attained finality. Thus, respondent No.2 has no right whatsoever to claim the subject property and the publication of Gazette is arbitrary and illegal. There is no necessity of going into all the details. Learned counsel for the respondent No.2 is not able to place any record before this Court as to issuing of any notice to the petitioner, as required under the law, before making Gazette publication on 8.2.2007 notifying the subject matter in question. Under those circumstances, I am of the opinion that the publication of Gazette dated 8.2.2007, insofar as the land held by the petitioner to an extent of Ac.3-00 in Sy.No. 82 of Kongara Kurdu-A village, Maheswaram Mandal, Rangareddy District is arbitrary and illegal and liable to be quashed and it is accordingly quashed to the said extent. The writ petition is allowed accordingly. As a natural corollary, 1st respondent is directed to release the document No.P-172/2009 dated 7.4.2009, in favour of the petitioner, forthwith. JUSTICE C.V. RAMULU. Date: 16-11-2009. MVB.