S. Nafisa Bee Vs The State of Andhra Pradesh

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, direction or order, more particularly one in the nature of Writ of Mandamus declaring as illegal, arbitrary and violating Article 300A of the Constitution of India, the inaction of the Respondents, more particularly the Respondent No. 2 and 3 in considering the Representation dated 15-02-2024 to delete the land of the Petitioner admeasuring Ac.28.00 Cents in R.S.No.151 situate at Munagalapadu Village, Kurnool Rural Mandal from the Prohibitory Land List under Section 22A of the Registration Act, 1908

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and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondents No.1 to 3 to consider the Representations dated 15.02.2024 and forthwith delete the said land from the Prohibitory Land List under Section 22A of the Registration Act, 1908.

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Counsel for the Petitioner:

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1.P M MITHILESHWARA REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.SHAIK KHAJA BASHA

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“… to issue an appropriate writ, direction or order, more particularly one in the nature of Writ of Mandamus declaring as illegal, arbitrary and violating Article 300A of the Constitution of India, the inaction of the Respondents, more particularly the Respondent Nos.2 and 3 in considering the Representation dated 15.02.2024 to delete the land of the Petitioner admeasuring Ac.28.00 Cents in R.S.No.151 situate at Munagalapadu Village, Kurnool Rural Mandal from the Prohibitory Land List under Section 22A of the Registration Act, 1908, and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondents No. 1 to 3 to consider the Representations dated 15.02.2024 and forthwith delete the said land from the Prohibitory Land List under Section 22A of the Registration Act, 1908, and pass such other orders…”

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The Writ Petition is filed to issue appropriate writ, direction or order, more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent Nos.2 and 3 in considering the representation dated 15.02.2024, which is made to delete the land of the petitioner herein admeasuring Ac.28.00 cents in R.S.No.151, situated at Munagalapadu village, Kurnool Rural Mandal, from the Prohibitory Land List under Section 22A of the Registration Act, 1908.

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Learned Assistant Government Pleader placed written instructions addressed by the Tahsildar, Kurnool Rural to the Office of the learned Government Pleader for Revenue, High Court of Andhra Pradesh, Amaravati, it suggest that as per the judgment in W.A.No.343

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of 2015 and batch of cases dated 23.12.2015 ( Vinjamuri Raja Gopala Chary Vs. State of A.P. ), held that in respect of the lands belonging to Wakf Board, an application has to be made to the competent authority, namely, the Chief Executive Officer of the Wakf Board for deletion of the entries from the prohibited list.

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Sri Mulla Sohail Shareef, learned Standing Counsel for the 4^th respondent appeared through online and stated that if a representation/ application is filed by the petitioner, the same will be considered in accordance with law.

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Therefore, the present Writ Petition is disposed of, directing the petitioner herein to file an application before the 4^th respondent – Wakf Board for the relief prayed in the present Writ Petition and, on filing such application, the 4^th respondent is directed to examine the same and pass appropriate orders in accordance with law and communicate the decision to the petitioner within a period of six (6) weeks from the date of receipt of application from the petitioner. There shall be no order as to costs.

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As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 13.10.2025

siva

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO