APHC010577692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29987/2025 Between: 1. C NAGENDRANATH, S/O- LATE C.RATHINDFANATH, AGED 67 YEARS, OCC. ADVOCATE, R/O. 59/61 A, FORT, KUMOOL CITY AND DISTRICT. 2. C. PADMAJA RANI, W/O, C. NAGENDRANATH, AGED 62 YEARS, OCC RETD, BANK EMPLOYEE, R/O. 5D/61A, FORT, KUMOOL CITY AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PIINDPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATION, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KUMOOL DISTRICT, COLLECTORATE, BUDHAWARPETA, KUMOOL CITY AND DISTRICT. 4. THE SUBREGISTRAR, KALLUR MANDAL, OFFICE OF THE SUB- REGISTRAR, KALLUR, KUMOOL CITY AND DISTRICT. 5. THE TAHSILDHAR, KALLUR MANDAL, KALLUR, KUMOOL CITY AND DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to grant a direction or writ more particularly in the nature of Writ of Mandamus declaring the actions of the Respondents in including the property of the Petitioner having an extent of Ac. 6.70 cents in Sy.No.68 in Chetia Mallapuram Village limits of Kallur Mandal In Kurnool District, in the list of Prohibited Properties under Section 22- A(1)(C) of the Registration Act, 1908, without any basis as arbitrary, illegal, unconstitutional, violative of principles of Natural Justice, contrary to provisions of the Registration Act,1908 the Waqf Act, 1995 and rules made thereunder and violative of Articles 14 and 300A of the Constitution of India and consequently direct the Respondents to de-notify the property of the Petitioner having an extent of Ac. 6.70 cents in Sy.No.68 in Chetia Mallapuram Village limits of Kallur Mandal in Kurnool District from the list of prohibited properties under Section 22-A(1)(C) of the Registration Act, 1908 and pass 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The case of the petitioners is that the petitioners are the absolute owners and possessors of agricultural land admeasuring an extent of Ac.6.70 cents in Sy.No.68, situated within the limits of Chetia Mallapuram Village, Kallur Mandal, Kurnool District. They acquired the said property from their vendors under a registered sale deed bearing Document No.7553 of 2010, dated 27.09.2010, and have been in peaceful possession and enjoyment of the same. The respondent authorities have also issued Pattadar Passbooks in favour of the petitioners in respect of the said property. 3. The learned counsel for the petitioners submits that the petitioners made an application to the 3rd respondent/District Collector seeking deletion of the subject property from the list of prohibited properties under Section 22-A(1)(C) of the Registration Act, 1908. Based on the said application, the 3rd respondent addressed a letter to the 5th respondent/Tahsildar, Kallur, directing him to inquire into the matter and submit a detailed report. Accordingly, the Tahsildar, by letter dated 15.10.2024, sought clarification from the Waqf Inspector as to whether Survey No.68 of Chetla Mallapuram Village is notified as Waqf property in the gazette or not. It is further contended that even after receipt of the petitioners’ application, the respondent authorities have neither considered the same nor issued any proceedings till date. Hence, the present writ petition is filed. 4. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that there is a prescribed procedure to be followed for deletion of properties from the list of prohibited properties under Section 22-A(1)(C) of the Registration Act, 1908. The petitioners are required to file an online application for removal of their property from the said list. Upon submission of such an application, the respondent authorities will consider the same and pass appropriate orders within a reasonable time, in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present writ petition can be disposed of by granting liberty to the petitioners to file an online application before the 3rd respondent/District Collector within a period of two (02) weeks from the date of receipt of a copy of this order. Upon submission of such application, the 3rd respondent shall consider the same and pass appropriate orders within a period of two (02) months thereafter, in accordance with law. 6. With the above direction, the writ petition is disposed of. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 03.11.2025 klk 79 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.29987 of 2025 03.11.2025 kkllkk