Disposed

M Lalithamma v. the State of Andhra Pradesh

Andhra Pradesh HC14 Sept 2026WP/14113/2026

Case brief

AI extract

What is this about?

The High Court declined to entertain the writ petition challenging the placement of the petitioner's land in a prohibitory list under the Registration Act, holding that the petitioner must first exhaust the alternative statutory remedy by approaching the Revenue Divisional Officer who is empowered under G.O.Ms.No.444 to delete such entries after consulting the Waqf Board. The court disposed of the petition with liberty to approach the competent authority, directing disposal within three months.

What did the court decide?

Liberty granted to petitioner to approach the Revenue Divisional Officer / Sub-Collector for deletion of land from the prohibitory list; authority directed to dispose of such application within three months.

M Lalithamma Vs the State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2026)

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RC,J W.P. N o.14113 of 2026

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APHC010269142026

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

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[3332]

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TUESDAY, T HE 15^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 14113/2026

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Between:

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M LALITHAMMA, W/O M. SATYANARAYANA AGED A BOUT 72 YEARS, OCC HOUSEWIFE R/O.D.NO.28/980, C/O.CHA N D BASHA AGENCIES 0PP. G OVERNMENT HOSPITAL, SAIBAB A NAGAR NANDYAL, NANDYA L DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI. SE C RETARY MINORITIES WEL F ARE DEPARTMENT, A.P. SEC R ETARIAT, VELAGAPUDI AMA R AVATI, GUNTUR DISTRICT - 522238.

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THE COMMISSIONER AND EX OFFICIO, PRINCIPAL SE C RETARY FOR THE MINORI T IES WELFARE DEPT., GOVERN M ENT OF ANDHRA PRADESH, 3RD BLOCK FLOOR. ROOM NO.213, A.P. SECRETARIAT VE L AGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238.

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THE CHIEF EXEC U TIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD 4 TH AND 5TH FLOORS, IMD A D GHAR OPP.KALESWARA R AO MARKET, TARAPET VIJAYAW A DA, NTR DISTRICT, AP - 5222 0 1.

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THE INSPECTOR A N D AUDITOR OF WAQF, NANDYAL DIVISION, NANDYAL TOWN N A NDYAL DISTRICT, AP - 518501.

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THE COMMISSIONER INSPECTOR GENERAL OF REGI S TRATION AND STAMPS, ANDHRA PRADESH V SQUARE BUILDING, KSR

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RC,J W.P.No.14113 of 2026

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PARK ROAD, WARD NO.2, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501.

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THE SUB REGISTRAR, NANDYAL, NANDYAL DISTRICT, AP - 518501.

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL DISTRICT, NANDYAL, AP - 518501.

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THE REVENUE DIVISIONAL OFFICER, NANDYAL REVENUE DIVISION, NANDYAL NANDYAL DISTRICT, ANDHRA PRADESH - 518 501

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THE TAHSILDAR, NANDYAL MANDAL, NANDYAL DISTRICT ANDHRA PRADESH - 518501

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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 topleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in placing the petitioner's land an extent of Ac.3.16 cents which is part of Ac.6.12 cents in Survey No.454 Title deed No 703, situated at Udumalpuram Village of Nandyal Mandal and District, Andhra Pradesh in the Prohibitory List under Sec.22-A (1) (c) of Registration Act, 1908 vide Gazette No.372 dt.0709-2018 published by the Chief Executive Officer, Wakf Board and the consequent prohibition list published by the Respondent No.5 i.e., serial No.2 dated 28-09-2016 relating to an extent of Ac 6.12 Cents in Sy. No 454 situated at Udumalpuram village, as being illegal, arbitrary and against the statutory provisions contained in the Waqf Act 2025 as well as guidelines issued by the Hon'ble Apex Court to include properties in prohibitory list vide orders dt.15-09-2025 passed in W.P. (Civil) No.276/2025 Re Waqf (Amendment Act, 2025) as well as against the Commissioner's Report on the survey of Waqf dt.01-04-1956 as well as 2 Commissioner's report dt.09-052016 and consequently direct the respondents to remove the subject land from the Prohibitory List by setting aside the Gazette Notification No.372 dt.07-09-2018 and restore the name of the petitioner in the Revenue Records in the interest of justice and others reliefs and pass

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IA NO: 1 OF 2026

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RC,J W.P.No.14113 of 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Gazette Notification dated 07-09-2018 vide Notification No. G.372, relating to an extent of Ac 6.12 Cents in Sy. No. 454, T.D. No: 703, Situated at udumalpuram village Nandyal mandal and District as well as Notification issued by the Registration and Stamps Department dated 28-09-2016 relating to serial No. 2, Sy. No. 454 with an extent of Ac 6.12 Cents, situated at Udumalpuram village Nandyal Mandal and District in, AP pending disposal of the Writ Petition and pass

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IA NO: 2 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to interfere with the possession and enjoyment of the petitioner with respect to the subject land i.e., Sy. No. 454 with an extent of Ac 6.12 Cents, situated at Udumalpuram village Nandyal Mandal and District pending disposal of the Writ Petition and pass

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IA NO: 3 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit me to file the following Documents 1. Copy of the Adangal No. 1422,2. Adangal Report Vide. LPM No. 266, 3. Adangal Report Vide. LPM No. 315, 4. Adangal Report Vide. LPM No. 1311, 5. RORIb Report Vide. Khata No. 2000901. as additional material paper in W.P.No.14113 of 2026 and pass

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Counsel for the Petitioner:

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1.SUDHAKARA RAO AMBATI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR SOCIAL WELFARE

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3.GP FOR REGISTRATION AND STAMPS

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4.SHAIK KHAJA BASHA

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RC,J W.P.No.14113 of 2026

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ORDER

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This Writ Petition is filed questioning the action of the respondent authorities in placing the petitioner’s land in an extent of Ac.3-16 cents which is part of Ac.6-12 cents in Survey No.454 of Udumalpuram Village of Nandyal Mandal and District in the prohibitory list under Section 22-A(1)(c) of Registration Act, 1908 vide Gazette No.372, dated 07.09.2018 published by the Chief Executive Officer, Wakf Board and the consequent Prohibion list published by the Respondent No.5 i.e. serial No.2 dated 28.09.2016 relating to an extent of Ac.6-12 cents in Survey No.454.

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Heard Sri Ambati Sudhakara Rao, learned counsel for petitioner, learned Assistant Government Pleader for Social Welfare, Sri Venkata Satyanarayana, learned Assistant government Pleader for Revenue and Sri Shaik Khaja Basha, learned Standing Counsel for Waqf.

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Clause-7 of G.O.Ms.No.444, Revenue (Registration-I) Department, dated 22.07.2026 would indicate that the authority to include or delete any land in or from the list of prohibited properties under clauses (1), (b), (c) and (d) of sub-section (1) of Section 22-A of the Registration Act, 1908, shall vest with the concerned Revenue Divisional Officer (RD0) or Sub-Collector, however, in respect of properties covered under section 22-A(1)(c), such action shall be taken only after prior consultation with the Endowments Department or the Andhra Pradesh State Wakf Board, as applicable.

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RC,J W.P.No.14113 of 2026

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In the instant case, the petitioner did not make any efforts to get his grievance redressed by approaching the administrative authorities, who are empowered to delete the land from the purview of the prohibited properties list.

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It is fairly settled that a writ petition filed under Article 226 of the Constitution is generally not maintainable if the petitioner has bypassed the specific statutory remedies provided under a Government Order, owing to the foundational rule of exhaustion of alternative remedies.

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In view of the above, instead of going into merits of the matter, this writ petition can be disposed of with a direction to the petitioner to exhaust the effective and efficacious alternate remedy.

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Accordingly, the writ petition is disposed of, granting liberty to the petitioner to approach the competent adjudicating authority for redressal of his grievance by moving an appropriate application. On such, the adjudicating authority shall dispose of the same within a period of three (03) months from the date of filing of the application. There shall be no order as to costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE RAVI CHEEMALAPATI 15^TH September, 2026 RR

M Lalithamma v. the State of Andhra Pradesh

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M Lalithamma v. the State of Andhra Pradesh

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