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2025 DAILYLAW 16192 (AP)

KATASANI PADMAVATHAMMA @ SADHU PADMAVATHI v. THE STATE OF ANDHRA PRADESH

WP/11009/2025 · 2025-05-06

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'1^ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI ^ (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MA TWO THOUSAND AND TWENTY FIVE ' v_^ PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11009 OF 2025 V/" ■ Between: 1. Katasani Padmavathamma @ Sadhu Padmavathi, W/o Late Sadhu Sivakumar Reddy, aged 58, H.No. 39-7-C1, K.V.R.Garden, Near Osmania College, Kurnool Town'and District. Sadhu Renuka, W/o Ravi Kishore Reddy D/o Late Sadhu Sivakumar Reddy, aged 33, H.No. 39-7-C1, K.V.R.Garden, Near Osmania College, Kurnool Town and District. " 2. ...PETITIONERS AND The State of Andhra Pradesh, by its Principal Secretary, Re\^nue Department, Secretariat, Velgapudi Post, Guntur District, A.P. The Secretary to Government of A.P, Minorities Welfare Department, A.P. Secretariat, Velgapudi, Guntur District. The Commissioner and Inspector General, Department of Registration and Stamps, Tadepalli, Guntur District. The District Collector, Nandyal, NandyaTDistrict., A.P. The Chief Executive Officer, A.P. State Wakf Board, Vijayawada, A.P. The Revenue Divisional Officer, Dhone, Nandyal District. ’ ' The Tahsildar, Banaganapalle Mandal, Nandyal District. The Joint Sub-Registrar, Banaganapalle, Nandyal District. 1. 2. 3. 4. 5. 6. 7. 8. ...RESPONDENTS 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 a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring non-considering the report of Respondent No.5 in RC.B./72/2024 dated 02-02-2024 and report of Respondent No.6 in Rc.B.62/2024 dated 31-01-2024 and non deleting the petitioners land in Survey Number 192-2A1 an extent of Ac.s'^O cents and ah extent of Ac 1-00 in Survey Number 192^2A2 situated in the limits of Banaganapalli Village of Banaganapalli Mandal, Nandyal District., from the prohibition property list under Section 22(A)(C) of The Registration Act, 1908 as per records maintained by Respondent No.7 and non intimating by the Respondents 2 to 4 to the Respondent No.7 as the property of the petitioners is not waqf property and refusing registration by the Respondent No.7 to give challan for stamp duty for registration of the document and complete the registration after presentation of document is illegal, arbitrary and voilative of Article 14, 21 and 300-A of Constitution of India, and consequently direct the respondents 2 to 4 to delete petitioners land in Survey Number 192-2A an extent of Ac. 3-80 cents and an extent of Ac. 3-80 cents and an extent of Ac. 1-00 in Survey Number 192-2A2 situated in Banaganapalli Village of Banaganapalli Mandal, Nandyal District from the prohibition property list under Section 22(A)(C) of The Registration Act, 1908 and intimate the same to the 7th Respondent, and give challan to the petitioners for stamp duty for registration of the sale document and complete the registration after presentation of document. lA NO: 1 OF 2025 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 to direct the respondents 2 to 5 to delete the petitioners land extent of Ac. 3-80 cents in Survey Number 192/2A1 and an extent of Ac 1-00 in Survey Number 292-2A2 situated in Banaganapalli Village of an it. Banaganapalli Mandal, Nandyal District., from the prohibition property list under Section 22(A)(C) of The Registration Act, 1908, and intimate the same to the 7th Respondent, and give challan to the petitioners for stamp duty for registration of the sale document and complete the registration after presentation of document pending disposal of the main writ petition Counsel for the Petitioner: SRI BUDIGE BHOJA RAAM Counsel for the Respondent Nos. 1,3 to 4, 6 to 8: GP FOR REVENUE Counsel for the Respondent No.2: GP FOR SOCIAL WELFARE '' " Counsel for the Respondent No.5: SRI SHAIK KHAJA BASRA (SC FOR AP WAQF BOARD) The Court made the following: ORDER APHC010212582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fM [3331] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11009/2025 Between: Katasani Padmavathamma @ Sadhu Padmavathi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.BUDIGE BHOJA RAAM Counsel for the Respondent(S): 1.GP FOR REVENUE ...RESPONDENT(S) 2.SHAIK KHAJA BASHA The Court made the following: :: ORDER :: The petitioners, two in number, filed the deleting their land to the extent of Ac.4.80 above writ petition in not cents in Sy.No.192-2 of Banaganapalli Village and Mandal, Nandyal District, from the list of prohibited properties under Section 22A(1)(c) of the Registration Act, 1908 (hereinafter reforracj to as ‘the Act’), is illegal and arbitrary. f?age 2 of 4 SRS,J W.P.No.11009 of 2025 Heard Sri B. Bhoja Raam, learned counsel for the petitioners and Sri Bhagat Singh, learned Assistant Government Pleader for Revenue appeared for respondents 1 to 3, 4, 6, 7 & 8 and Sri Shaik Khaja Basha, learned Standing Counsel appeared for respondent No.5. 2. Learned counsel for the petitioners would submit that the petitioner 3. purchased an extent of Ac.4.80 cents in Sy.No. 192/2 under the registered sale deed dated 19.04.1985. Later, the 1 cents to the 2"^ petitioner on 13.02.2024. An application was made to the Joint delete the aforementioned land from the list of petitioner sold an extent of Ac. 1.00 St Collector, Nandyal, to prohibited properties under Section 22A(1)(c) of the Act, The Joint Collector No.MWD-GVS/2/2023-SA(A)-DMWOKRNI, dated File vide Nandyal Nil.01.2024 (Ex.PI), constituted a team to conduct inquiry. After the inquiry, the Tahsildar, submitted a report dated 31.01.2024 (Ex.P2) to the Collector stating that no Waqf land is situated in Sy.No.192-2A in an extent of Ac.4.80 of Banaganapalli Village and Mandal and there is no objection to delete cents the land from the prohibited properties under Section 22A(i)(c) of the Act. The Revenue Divisional Officer submitted a report to the Collector vide Ex.P3. not deleting the Despite the said report, the respondent No.4 aforementioned land. IS 4. Sri Shaik Khaja Basha, learned Standing Counsel would submit, the included under the list of prohibited properties at the instance of wakf land was authorities. The petitioners did not make a representation by annexing all the relevant documents to respondent No.5. If the petitioners make a representation by annexing the reports Exs P2 and P3, the respondent No.5 will consider and communicate the same to respondent No.3 to take appropriate action. tv SRS.J W.P.No.11009of 2025 In reply, learned counsel for the petitioners would submit that the petitioners will make a representation by annexing Exs.P1 to P3 and other necessary documents, if any, to respondent No.5. 5. 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 petitioners to make a representation by annexing Exs.P1 to P3 and other documents, if any, to respondent No.5. Upon receipt of such representation, the learned respondent No.5 shall consider the and pass appropriate orders, keeping in view of Exs.P1 to P3 expeditiously as possible, preferably with six (06) weeks, thereafter. No order as to costs. 6. same as As a sequel, pending miscellaneous petitions, if any, shall stand closed. SDI- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velgapudi Post, Guntur District, A.P. 2. The Secretary to Government of A.P, Minorities Welfare Department, A.P. Secretariat, Velgapudi, Guntur District. ' 3. The Department of Registration and Stamps, Tadepalli, Guntur District. 4. The District Collector, Nandy^Nandyal District., A 5. The Chief Executive Officer, A.P. State Wakf Board, Vija^wada, A.P. 6. The Revenue Divisional Officer, Dhone, Isiandyal District. 7. The Tahsildar, Banaganapalle Mandal, Nandyal District, A. 8. The Joint Sub-Registrar, Banaganapalle, Nandyal District. 9. One CC to Sri Budige Bhoja Raam, Advocate [OPUC] 10. One CC to Sri Shaik Khaja Basha, SC for AP Waqf Board, Advocate [OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Socikf Welfare, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies TF I # HIGH COURT DATED;07/05/2025 ORDER WP.No.11009 of 2025 X 25SfF20» o> m¥ ^ Current Secuon ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS