APHC010308902025 IN THE HIGH COURT OF ANDHRA PRADESJ^ AT AMARAVATI (Special Original Jurisdiction) Si ->gS & ,■4 it'HS# TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16658 OF Between: 1. Tarigonda Khadar Basha, S/o Abdul Rasool Muslim, Cultivation and Business, Aged about 67 years. Residing at D.N.8-198, Shamiria Street, Kadiri Town and Mandal, Sri Sathya Sai District. 2. Tarigonda Shanwaz, S/o Abdul Rasool Aged about 65 Cultivation and Business, Residing at D.N.8-170-7, Bypas Road Town and Mandal, Sri Sathya Sai District. years, Muslim, Kadiri ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Endowment Department A.P Secretariat, Velagapudi, Amaravati. 2. The Commissioner, Endowment Department 3. The Assistant Commissioner, Endowment Department, District, Presently Sri Sathya Sai District. 4. The Executive Officer, Sri Lakshmi Narasimha Swamy Temple, Kadiri Anathapuramu District, Presently Sri Sathya Sai District. 5. The Sub-Registrar, Kadiri. Anathapuramu District Sai District. A.P. Vijayawada. Anathapuramu Presently Sri Sathya ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the may be pleased more particularly one in the nature of circumstances stated i to issue an in the affidavit filed therewithy the High Court appropriate Writ, Order or direction / Writ of Mandamus declaring communicated by the respondent No.2 the land in S.No.683-1 bounded the List of Endowment properties to the 5‘^, respondent including an total extent of 565 square yards under tvvo items i on East; Lot No.2, South; Land of the in vendor, West; Rastha with 33 feet width and North; the land sold to T.Saleem measuring 18 feet North- South on Eastern side or 5.48 meters, on South and North East-west 60.0 or 18.18.280 meters, western side North-South 22.0 feet square yards site, boundaries for the 2^^ lot Rastha of 20.0 feet width, West; or 6.70 meters of 134 East: Land in Sy.No.683-2, South; the ls< Lot and North the land sold to T.Saleem, on East-North to South 63.0 feet measuring 430.5 square yards, Kadiri Revenue Ananthapuramu District, shown above and site of vendor within this bounders or 19.194 meters Village, Kadiri Mandal, presently Sri Sathya Sai District so. ^ Hindu Religious and Endowment as an Act, 1987 and to proceedings in D.Dis No.M1/35374/2010 dated sale conducted through public Chairman of the Trustee set aside the 06-10-2012 ignoring the auction by 4‘^ respondent and the as arbitrary, illegal and contrary to the envisaged under the Section 22-A (1) (c) of the then procedure iqnR „ Indian Registration Act 1908 and well established legal principles apart from being violative the fundamental and Constitutional rl of rights guaranteed to the.petitioners rights of the petitioners under the in blatant violation of the fundamental ri Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to entertain the sale deed for registration of land in an total extent of 565 square yards under two items in S.No.683-1 bounded on East: Lot No.2, South: Land of the vendor. West: Rastha, with 33 feet width and North: the land sold to T.Saleem measuring 1 8 feet North- South pn Eastern side or 5.48 meters, on South and North East-west 60.0 or 18.18.280 meters, western side North-South 22.0 feet or 6.70 meters of 134 square yards site, boundaries for the 2"^ f lot East: Land in Sy.No.683-2, South: Rastha of 20.0 feet width. West: St Lot shown above and site of vendor and North the land sold to the 1 T.Saleem, within this boundaries on East-North to South 63.0 feet or 19.194 meters measuring 430.5 square yards, Kadiri Revenue Village, Kadiri Mandal, Ananthapuramu District, presently Sri Sathya Sai District, by setting aside the endowment land list communicated by the respondent No.2 and to direct the 5‘^ respondent to entertain the registration of the documents for registrain for the said land in so for as the subject land is concerned and pass such other order or orders as the Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice. 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 respondent No.5 to entertain the three sale deeds dated 03-05-2025 executed by the petitioners in favour of T.Muzamil and Tarigonda Shakil for registration of land in an total extent of 565 square yards under two items in S.No.683-1 bounded on East: Lot No.2, South: Land of the Rastha with 33 feet width and North: the land sold to T.Saleem feet North- South on Eastern side or 5.48 meters, west 60.0 or 18.18.280 meters, western side North- vendor. West: measuring 18 on South and North East- South 22.0 feet or 6.70 meters of 134 square yards site, boundaries for the 2^^ lot East: Land in Sy.No.683-2, South: Rastha of 20.0 feet width. West: St the 1 Lot shown above and site of vendor and North the land sold to T.Saleem, within the boundaries on East-North to South 63.0 feet or 19.194 meters measuring 430.5 square yards, Kadiri Revenue Village, Kadiri Mandal, Ananthapuramu District and complete the registration process presented to him, pendency Of the Writ Petition. presently Sri Sathya Sai District, to be Counsel for the Petitioners: SRI S. KRISHNA REDDY Counsel for the Respondent Nos.1 to 3:GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI T. VENU GOPAL, SC FOR ENDOWMENTS (RAYALASEEMA REGION) Counsel for the Respondent No.5: GP FOR STAMPS & REGISTRATION The Court made the following order: 1 APHC010308902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16658/2025 Between: 1.TARIGONDA KHADAR BASHA, S/0 ABDUL RASOOL, AGED ABOUT 67 YEARS, MUSLIM, CULTIVATION AND BUSINESS, RESIDING AT D.N.8-198, SHAMIRIA STREET, KADIRI TOWN AND MANDAL, SRI SATHYA SAI DISTRICT. 2.TARIGONDA SHANWAZ, S/O ABDUL RASOOL AGED ABOUT 65 YEARS, MUSLIM, CULTIVATION AND BUSINESS, RESIDING AT D.N.8-170-7, BYPAS ROAD, KADIRI TOWN AND MANDAL, SRI SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY ENDOWMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA. A.P. 3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, PRESENTLY SRI SATHYA SAI ANATHAPURAMU DISTRICT DISTRICT. 4.THE EXECUTIVE OFFICER, SRI LAKSHMI NARASIMHA SWAMY TEMPLE, KADIRI, ANATHAPURAMU DISTRICT, PRESENTLY SRI SATHYA SAI DISTRICT. L 2 5.THE SUBREGISTRAR, KADIRI, ANATHAPURAMU DISTRICT PRESENTLY SRI SATHYA SAI DISTRICT. ...RESPONDENT(S): 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 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the List of Endowment communicated by the respondent No.2 to the 5TH respondent including the land in an total extent of 565 properties square yards under two Items in S.No.683-1 bounded on East Lot No.2, South Land of the vendor Rastha with 33 feet width and North the land sold to T.Saleem 18 feet North- South on Eastern side or 5.48 meters, on South and North East-west 60.0 18.18.280 meters, western side North-South or or 6.70 meters of 134 square yards site, boundaries for the 2NDIot , West measuring 22.0 feet East Land in Sy.No.683-2, South Rastha of 20.0 feet width. West the 1ST above and site of vendor and North the land sold East-North to South 63.0 feet or 19.194 meters yards, Kadiri Revenue Village, Kadiri Mandal, presently Sri Sathya endowment land Lot shown within this bounders on measuring 430.5 square Ananthapuramu District, even though, it is sold in a public auction under Section 80 as is required under the provisions of the Andhra Pradesh Charitable Hindu Religious and Endowment Act, 1987 to T.Saleem, Sai District, as an and to set aside the proceedings in D.Dis No.M1/35374/2010 dated 06-10-2012 ignoring the sale conducted through public auction by 4TH respondent and the Chairman of the Trustee arbitrary, illegal and contrary to the procedure envisaged under the Section 22-A (1) (c) of the Indian Registration Act, 1908 and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioners in blatant violation of the fundamental rights of the petitioners under the then Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to entertain the sale deed for registration of land in an total extent of 565 square yards under two items in S.No.683-1 bounded on East Lot No.2, South Land of the vendor. West Rastha with 33 feet width and North the land sold to T.Saleem measuring 18 feet North- South on Eastern side or 5.48 meters, on South and North East-west 60.0 or 18.18.280 meters, western side North-South feet or 6.70 meters of 134 square yards site, boundaries for the 2ND lot East Land in Sy.No.683-2, South Rastha of 20.0 feet width, West shown above and site of vendor and North the land sold to T.Saleem, within this boundaries on East-North to South 63.0 feet or 19.194 meters measuring as 22.0 the 1ST Lot 3 430.5 square yards, Kadiri Revenue Village, Kadiri Mandal, Ananthapuramu District, presently Sri Sathya Sai District, by setting aside the endowment land list communicated by the respondent No.2 and to direct the 5TH respondent to entertain the registration of the documents for registrain for the said land in so for as the subject land is concerned and pass 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 pleased to direct the respondent No.5 to entertain the three sale deeds dated 03- 05-2025 executed by the petitioners in favour of T.Muzamil and Tarigonda Shakil for registration of land in an total extent of 565 square yards under two items in S.No.683-1 bounded on East: Lot No.2, South: Land of the vendor. West: Rastha with 33 feet width and North: the land sold to T.Saleem measuring 18 feet North- South on Eastern side or 5.48 meters, on South and North East-west 60.0 or 18.18.280 meters, western side North- South 22.0 feet or 6.70 meters of 134 square yards site, boundaries for the 2"'''^ lot East: Land in Sy.No.683-2, South: Rastha of 20.0 feet width. West: the 1®* Lot shown above and site of vendor and North the land sold to T.Saleem, within the boundaries on East-North to South 63.0 feet or 19.194 meters measuring 430.5 square yards, Kadiri Revenue Village, Kadiri Mandal, Ananthapuramu District and complete the registration process presently Sri Sathya Sai District, to be presented to him, pendency Of the Writ Petition and pass Counsel for the Petitioner(S): 1.S KRISHNA REDDY Counsel for the Respondent(S): 1 .T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri S. Krishna Reddy, learned counsel for the petitioners and learned Government Pleader for Endowments, appearing for the respondents. 4 2. The petitioners challenging the action of the respondents in not allowing registration of sale deeds in respect of the Sy.Nos.683-1 and 683-2, Kadiri Village and Mandal, Sri Sathya Sai District, have filed the instant Writ Petition. It is contended that the 4^^ respondent temple was the absolute owner of the subject lands. Vide G.O.Ms. No. 1944 dated 22-08-1956, the 3. th government accorded permission to the 4‘" respondent to sell the land. Accordingly, a public auction was conducted and the same was knocked down in favour of the successful bidders. The petitioner’s predecessors-in-title, have thus acquired the title to the property. After having sold the land, the endowments department is claiming the subject lands. It is contended that the petitioners having acquired, title to the property for valid consideration through registered sale deed have proposed to sell the same^in the said process, the petitioner has approached the Office of the 5'^ respondent for issuance of a market value certificate. The respondent’s office, while issuing the certificate, has endorsed that the subject 4. property is enlisted in the list of prohibited properties. 5. It is further contended that in the past, some of the persons who are similarly situated to the petitioners have filed a Writ Petition before the erstwhile High Court of Andhra Pradesh seeking deletion of the property from the prohibited categories. The said Writ Petition No.7455 of 2013, was disposed of directing the Sub-Registrar to receive the documents presented in 5 respect of the subject lands situated in Sy.Nos.683-1 and 683-2,Kadiri Village and Mandal, Sri Sathya Sai District. The learned counsel for the petitioners y . relies on the decision of this Court in W.P.No.7455 of 2013. f The 4*'' respondent filed counter affidavit stating that the subject 6. nd land would not belong to the temple. Informing the same to the 2 respondent, a letter was addressed vide proceedings dated 16-07-2025, for appropriate orders and the same is pending with the 2^^ respondent. A perusal of the order passed in W.P.No.7455 of 2013, would 7. indicate that this Court, while taking into consideration the submissions made on behalf of the temple, held that the land initially belonged to the temple; however, the same was sold in an auction and sale documents were also registered in favour of the purchasers. It was observed that the Commissioner did not take into consideration the said aspect while issuing the proceedings dated 06-10-2012, enlisting the property under prohibited list. It was further observed that realizing the mistake, the Executive Officer of the Temple has requested the Commissioner to remove the property from the list of prohibited properties. However, no proceedings were issued by the date the Writ Petition was filed. Therefore it was held that “5. The aforestated facts clearly demonstrate that the land in question is not being claimed by the Devasthanam as its own. As this stand has been placed on record by the Devasthanam itself through its counsel, there can be no hindrance to the registration authorities entertaining documents for registration respect of the subject land.” 6 -0 8. It is stated that the subject property is also located in the same survey number. In the present case also the Executive officer filed counter stating that the letter has already been issued to the 2""* respondent to delete the subject property from the list of prohibited properties. 9. Having regard to the submissions made this court deems it appropriate to dispose of the Writ Petition granting liberty to the petitioners to file an application before the 2"^^ respondent seeking deletion of the subject property from the prohibitory list under Section 22(A)(1)(C) of Registration Act, 1908. On filing of such application, the 2""' respondent is directed to pass appropriate orders in accordance with law after affording sufficient opportunity to the petitioner, within a period of eight (8) weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Endowment Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravati. The Commissioner, Endowment Department, A.P. Vijayawada. The Assistant Commissioner, Endowment Department, Anathapuramu District, Presently Sri Sathya Sai District. The Executive Officer, Sri Lakshmi Narasimha Swamy Temple, Kadiri, Anathapuramu District, Presently Sri Sathya Sai District. The Sub-Registrar, Kadiri, Anathapuramu District, Presently Sri Sathya Sai District. One CC to Sri S. Krishna Reddy, Advocate [OPUC] One CC to Sri T. Venu Gopal, SC For Endowments (Rayalaseema Region) [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. ccb HIGH COURT DATED:19/08/2025 ORDER WP No. 16658 OF 2025 >' ■ 18 SEP 2025 ^isQurrent Sectiii-*- c Cn disposing of the w.p. without COSTS