K Krishna Murthy Vs The State of Andhra Pradesh

The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue (Stamps & Registration) Department Secretariat, Velagapudi, Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by its PrI. Secretary, Minority Welfare Department, Secretariat, Velagapudi, Amaravathi Guntur District.

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The Andhra Pradesh State Waqf Department, Rep. by its Chief Executive Officer, Imdadighar, Vijayawada.

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The District Collector, Chittoor Chittoor District.

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The Tahsildar, Punganur Mandal, Chittoor District.

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The Sub-Registrar, Punganur, Chittoor District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of india praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particuiarly one in the nature of WRIT OF MANDAMUS deciaring the action of the respondents, in inciuding the petitioners iand admeasuring Ac.2-20 cents in

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Sy. No. 26/1A of Melumdoddi Revenue Village, (Melumdoddi maintenance, Punganur Survey Group) Punganur Mandal, Chittoor District in list of prohibited properties, under Section 22-A (1)(C) of the RegistrationAct, 1908, as illegal, unjust, arbitrary, voilative of Articles 14, 300-A of the Constitution of India, contrary to law, void, and consequently the respondents be directed to delete the land, admeasuring, Ac.2-20 cents in Sy.^{No.26/1AofMelumdoddi} Revenue Village, (Melumdoddi maintenance Punganur Survey Group) Punganur Mandal, Chittoor District from the prohibited property list, under Section 22-A (1) ( C ) of the Registration Act, 1908, forthwith, by further directing the registering-authority to receive, register and release the documents presented by the petitioner.

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lA No: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to delete the lands, admeasuring,^Ac.2-20cents in Sy.No.26/1A Melumdoddi Revenue Village, (Melumdoddi maintenance, Punganur Survey Group) Punganur Mandal, Chittoor District from the prohibited property list, under Section 22-A (1)(C) of the Registration Act, 1908, forthwith pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI S.V.MUNI REDDY

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Counsel for the Respondent Nos.1, 4to 6: SRI G.DIVYA THEJA, ASST.GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.2: GP FOR MINORITY WELFARE DEPARTMENT

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Counsel for the Respondent No.3: SRI SHAIK KHAJA BASHA,^SCFOR ANDHRA PRADESH STATE WAQF DEPARTMENT

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The Court made the following order:

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APHC010335962025

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[3331]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 16989/2025

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Between:

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1.K KRISHNA MURTHY, S/0. AREPPA, AGED ABOUT 76 YEARS, OCC CULTIVATION R/0. TATIMAKULAPALYAM VILLAGE, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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...PETITIONER

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AND

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1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDLAMARAVATHI, GUNTUR DISTRICT.

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3.THE ANDHRA PRADESH STATE WAQF DEPARTMENT, REP. BY^ITS CHIEF EXECUTIVE OFFICER, IMDADIGHAR, VIJAYAWADA.

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4.THE DISTRICT COLLECTOR, CHITTOOR CHITTOOR DISTRICT. 5.THE TAHSILDAR, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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6.THE SUBREGISTRAR, PUNGANUR, CHITTOOR DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or the nature of Writ of Mandamus declaring direction more particularly one in the action of the respondents, in including the petitioners land admeasuring Ac.2-20 cents in

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Pane ? of 5

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SRS.J W.P.No.16989 of 2025

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Sy. No. 26/1A of Melumdoddi Revenue Village (Melumdoddi maintenance,, Punganur Survey Group) Punganur Mandal, Chilloor District in iist of wna ® PPds'- Section 22-A (1) ( C ) of the Registration^Act 1908, as illegai, unjust, arbitrary, voilative of Articles 14 300-A of the Constitution of India, contrary to law, void, and consequently 'the respondents be directed to delete the land, admeasuring, Ac 2-20 cents ini Sy. No. 26/1A of Melumdoddi Revenue Village, (Melumdoddi maintenance Punganur Survey Group) Punganur Mandal, Chittoor District prohibited property list ur^de Secbon 22-A (1) ( C ) of the Registration Act,^{1908,forthwith,byfurther} directing the registering - authority to receive, register and release the documents presented by the petitioner and to pass such

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\A NO: 1 OF 2025

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in the'^rffiH°" TnZ circumstances stated the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to delete the lands, admeasuring ■ 20 cents in Sy, No. 26/1A Melumdoddi Revenue Village, (Melumdoddi from the""®"h nv"f ™'' CWtoor Distriot from the prohibited property list, under Section 22-A (1) ( C ) of the Registration Act, 1908, forthwith pending disposal of the writ petition and to pass such

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Counsel for the Petitioner:

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1.S V MUNI REDDY

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Counsel for the Respondent{S):

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1.GP FOR REGISTRATION AND STAMPS

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2.SHAIK KHAJA BASRA

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The Court made the following:

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:: ORDER ::

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. Heard Sri S.V, Muni Reddy, learned counsel for the petitioner, and Sri G, Divya Theja, learned Assistant Government Pleader for Revenue appeared for respondents 1, 4 to 6 and Sri Shaik Khaja Basha, learned Standing.Counsel, appeared for respondent No.3.

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SRS,J W.P.No.16989 of 2025

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The petitioner is the absolute owner of Ac.2.20 cents in Sy.No.26/1A of [/lelumcloddi Revenue Village, Punganur Mandal, Chittoor^{District.Originally,} the property belonged to one Mangamma W/o Parthakacheri^{NikaniAchenna,} who in turn alienated the same by registered Document^{No.300/1934,dated} ^5 03.1934, in favour of the petitioner’s ancestor,^{namelyVenkatamuneppa} S/o Hanumappa. Thereafter, the petitioner succeeded^{totheproperty.The} name of the petitioner is updated in the Record of Rights in respect of the aforementioned property. When the petitioner approached the Registering Authority, the petitioner came to know about the inclusion^{ofthepropertyin} the list of prohibited property under Section 22A(1)(c)^{oftheRegistrationAct,} 1908 (hereinafter referred to as ‘the Act’). The petitioner made a representation dated 01.08.2022 (Ex.P1) to respondent^{No.3.However,the} has not been considered so far. same

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Learned counsel for the petitioner would submit that^the Joint Sub3. Registrar, Punganur, addressed a letter to the District^{Registrar,Chittoor,vide} Letter No.SRO-Pngr/23/2020, dated 17.10.2020, recommending^tode-notify the land of an extent of Ac.2.20 cents in Sy.No.26/1 from^{thelistofprohibited} properties. Thereafter, the Joint Sub-Registrar, Punganur,^{addressedaletter} to ^he Chief Executive Officer, Waqf Board, vide Letter^{No.SRO-Png//2022,} dated 04.08.2022, recommending the registration of the property. The Tahsildar, Punganur, addressed a letter to the CEO^{videRoc.A/120/2022,} dated 20.11-2022, recommending the deletion of the^{aforementionedproperty} from the list of prohibited properties. Despite the same, respondent No.3 has not deleted the property so far. Sri Shaik Khaja Basha, learned Standing Counsel, would^submitthat 4. the representation made in the year 2022. He would^{furthersubmitthat} if the petitioner makes a fresh representation to respondent^{No.3byannexingthe} letters addressed by the Joint Sub-Registrar and Tahsildar, Punganur, respondent No.3 will consider the same and pass appropriate^orders

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i SRS,J W.P.No.16989of2025

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A perusal of the letter dated 20.11.2022, it was observed as follows: “On verification of original Waqf Property pertaining^toland in Sy.No.43/1 extent 3.52 cents of Punganur Revenue Village (Punganur Survey Group) classified as Masid Inam and vested with Waqf Board at the time of publication of gazette the concerned authorities by mistake mentioned Pimasi No.26 correlated to above land.

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In the above circumstances explained above I submit^thatthe land in Sy.No.43/1 extent 3.52 acres dry land vested with Waqf Board property, the copy of SLR and enquiry report are herewith submitted^for correction of the list of properties published by the concerned authorities.”

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In the letter, it was further mentioned that the land of the petitioner i.e. Ac.2.20 cents in Sy.No.26/1 was wrongly included in the Waqf Property under Section 22A(1 )(c) of the Act, instead of Ac.3.52 cents in Sy.No.43/1. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to make a fresh representation to respondent No.3 by annexing the aforementioned letters. Upon receipt of the same, respondent No.3 shall pass appropriate orders given the aforementioned letters regarding the registration of property of an extent of Ac.2.20 cents in Sy.No.26/1 of Melumdoddi Village, within six (06) weeks. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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Sd/- K KASIRAO ACHARI ASSISTANT, REGISTRAI^ //TRUE COPY// SECrrtON OFFICER

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