APHC010613492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32604/2023 Between: 1. VADLA ANAMTHAMMA, W/O PRABHAKARA ACHARY, AGED ABOUT 50 YEARS, OCC. HOUSE WIFE, D.NO.2-59, NARAYANAPUR, MANOPAD MANDAL, JOGULAMBA GADWAL, TELANGANA. 2. KAMMARI PAVITHRA,, W/O KAMMARI SHIVAPRASAD ACHARI, AGED ABOUT 33 YEARS, OCC. HOUSE WIFE, D.NO.1-47/1, MANDODDI,WADDEPALLI MANDAL, MAHABUBNAGAR, TELANGANA. 3. MANUSHREE,, W/O GOVERDHAN, AGED ABOUT 30 YEARS, OCC. HOUSE WIFE, D.NO.5-3-20, NETAJI NAGAR, RAICHAR, JAWAHAR NAGAR,KARNATAKA 4. SHARAB LAVANYA,, W/O BHASKARACHARI, AGED ABOUT 26 YEARS, D.NO .2- 11 / 2 ,KOTHAPALLI, KURNOOL, ANDHRA PRADESH 5. VADLA VEENA,, D/O VADLA PRABHAKAR ACHARY, AGED ABOUT 23 YEARS, D.NO.2-59, MANOPAD MANDAL, NARAYANPUR PEDDAPOTHULAPAD, MAHBUBNAGAR. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRATERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 2 DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 3. THE TAHSILDAR, KURNOOL MANDAL, KURNOOL DISTRICT. 4. THE SUBREGISTRAR, KALLUR VILLAGE AND MANDAL, KURNOOL DISTRICT 5. THE A P STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR COMPLEX, KALESWARA RAO MARKET, VIJAYAWADA, NTR DISTRICT- 520001. ...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 issue an appropriate Writ, order or direction, more in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in not receiving and processing the document sought to be presented by the petitioners with respect to the Land admeasuring 122.22 Sq.Yards in Survey No.371/D of Kallur Village and Mandal, Kurnool District by entertaining the Letters addressed by the 2nd and 5th respondents even though they have no semblance of right as 5th respondent Wakf Board lost its right in pursuance to the Judgment and Decree in 0.S.No.68/1966 dated 20.01.1971 by the Addl.Sub. Judge, Kurnool and orders of this Honourable High Court in W.P.No.24579/2012 dated 14.08.2012 as illegal, arbitrary and Violative of Article 14 and 300-A of the constitution of India, Principles of Natural Justice and consequently direct the respondent No.4 to receive and register document sought to be presented by the petitioners with respect to the Land admeasuring 122.22 Sq.Yards in Survey No.371/D of Kallur Village and Mandal, Kurnool District in the interest of Justice and pass IA NO: 1 OF 2023 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.4 to receive and register document sought to be presented by the petitioners with respect to the Land admeasuring 122.22 Sq.Yards in Survey No.371/D of Kallur Village and Mandal, Kurnool District, pending disposal of the above Writ petition in the interest of justice and pass 3 Counsel for the Petitioner(S): 1. SHAFATH AHMED KHAN Counsel for the Respondent(S): 1. MOHAMMED GAYASUDDIN 2. GP FOR REVENUE 3. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: 4 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the Respondent No.4 in not receiving and processing the document sought to be presented by the petitioners with respect to the Land admeasuring 122.22 Sq.Yards in Survey No.371/D of Kallur Village and Mandal, Kurnool District by entertaining the Letters addressed by the 2nd and 5th respondents even though they have no semblance of right as 5th respondent Wakf Board lost its right in pursuance to the Judgment and Decree in 0.S.No.68/1966 dated 20.01.1971 by the Addl.Sub. Judge, Kurnool and orders of this Hon’ble High Court in W.P.No.24579/2012 dated 14.08.2012 as illegal, arbitrary and Violative of Article 14 and 300-A of the constitution of India, Principles of Natural Justice and consequently direct the respondent No.4 to receive and register document sought to be presented by the petitioners with respect to the Land admeasuring 122.22 Sq.Yards in Survey No.371/D of Kallur Village and Mandal, Kurnool District in the interest of Justice and pass or orders….” 2. Heard Sri Shafath Ahmed Khan, learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 3. During the course of hearing, learned counsel for the petitioners submits that the subject matter of the writ petition is squarely covered by the order of this Court dated 19.08.2015 passed in W.P.No.26437 of 2015. 5 4. Learned Assistant Government Pleader did not oppose the said submission. 5. Having regard to the facts and circumstances of the case and considering the submissions and in the light of the above order of this Court, the respondent No.4 is directed to receive and process the document presented by the petitioners pertaining to the subject property, if it is otherwise in compliance of the provisions of the Indian Registration Act, 1899. If the Sub Registrar refuses to register, he has to pass reasoned order as mandated under Section 71 of the Indian Registration Act, so as to enable the petitioner to prefer an appeal under Section 72 of the Indian Registration Act. 6. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the parties. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 13.11.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.32604 OF 2023 13.11.2025 RD