APHC010029212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3095/2025 Between: C Jamaluddin ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3. GP FOR REGISTRATION AND STAMPS 4. SHAIK KHAJA BASHA The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3095/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of declaring the action of the respondents more particularly the action of respondent Nos.1 to 3 in including the land an extent of Ac.0.05 cents out of Ac.0.37 cents in Survey No.263/2 of Modampalli Revenue Village Fields, D.C.S.R Colony, Ward No.10, Kothapalle Panchayat, Proddatur Mandal, YSR Kadapa District, under the Notification published in the AP Gazette No.13 Part-2 dated 26.03.1964 and its Addendum Notification dated 16.10.2018 basing on the Survey Commissioner’s Report and including the property under section 22A 1 (c) of Registration Act, 1908 and thereby instructing the respondent registration authorities to prohibit the registration of the scheduled property as being illegal, arbitrary, unconstitutional, violation of Article 300-A of Constitution of India and without jurisdiction and consequently set aside the Notification published in the AP Gazette No.13 Part-2 dated 26.03.1964 and its Addendum Notification dated 16.10.2018 in respect of the property situated in Survey No.263/2 to an extent of Ac.0.05 cents out of Ac.0.37 cents of Modampalli Revenue Village Fields, D.C.S.R. Colony, Ward No.10, Kothapalle Panchayat, Proddatur Mandal, YSR Kadapa District and further direct the Respondent Nos.1 to 3 to delete the land from the prohibited list under section 22A 1 (c) of Registration Act, 1908 and to direct the respondent Nos.7 and 8 to register and release the pending Document No.29/2022 to the petitioner and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Standing Counsel for the respondent Nos.2, 3, 5 and 6 and the learned Government Pleader for the other respondents. 3 3. Learned counsel for the petitioner submits that the petitioner purchased the land admeasuring to an extent of Ac.0.05 cents in survey No.263/2 of Modampalli Revenue Village Fields, D.C.S.R.Colony, Ward No.10, Kothapalle Panchayat, Proddatur Mandal, YSR Kadapa District from his vendors one Ibrapuram Syed Gulzar Begum and others vide pending document No.29 of 2022 dated 15.03.2022. Later, the petitioner and his vendors presented a sale deed before the Sub-Registrar, Proddatur and the same was refused on the ground that the land admeasuring to an extent of Ac.0.35 cents in Survey No.263/2 situated at Modampalli Revenue Village is a waqf land and the said land belongs to Modampalli ‘Anjuman’ as per the list communicated by the A.P. State Waqf Board, Hyderabad notified under Section 22A (1) (e) of Registration Act, 1908. But, the said property is not a waqf land and it is a patta land. The 2nd respondent has only Ac.0.07 ½ cents out of Ac.0.37 cents in survey No.263/2. But basing on the survey commissioner report, the respondent Nos.1 to 3 have included the whole survey number in the notification published in the A.P. Gazette No.13 part-2 dated 26.03.1964 and its addendum notification dated 16.10.2018. The petitioner made a representation dated 20.09.2024 to the District Registrar, YSR Kadapa District and Chief Executive Officer, A.P. State Wakf Board, Vijayawada requesting to correct the extent in the Gazette by issuing another addendum notification, but they did 4 not consider the same. Hence, the petitioner made another representation dated 22.10.2024 to respondent No.1 requesting to consider the case of the petitioner. But, the respondent authorities did not consider the case of the petitioner. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for respondent No.1 and the learned Standing Counsel submits that the representation of the petitioner with regard to the notification published in the A.P. Gazette No.13 part-2 dated 26.03.1964 and its Addendum notification dated 16.10.2018 would be considered by the respondent authorities within a short period. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents to consider the representation of the petitioner with regard to the notification published in the A.P. Gazette No.13 part-2 dated 26.03.1964 and its Addendum notification dated 16.10.2018 in accordance with law, within a period of two(2) months from the date of receipt of copy of this Order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 06.02.2025 TTPPSS 6 120 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3095/2025 06.02.2025 TTPPSS