IN THE HIGH COURT OF ANDHRA PRADESH::AMARAV (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5775 OF 2021 Between: 1. M. Dasari Prakash, S/o. D. Chinna Subbanna, Aged 57 years, H.No.52- 79, Elkur gate, Kurnool, Kurnool District, Andhra Pradesh. 2. P. Balachandra Reddy, S/o.P. Anthoni Reddy, Aged 64 years,H.No.40/321 - E, F.No.203, Kondaveeti Apartments, Kurnool 3. M. Mani Babu, S/o. M. Sikhamani, Aged 57 years, H.No.2-73, Munagalapadu, Kurnool. 4. S. Srinivasa Goud, S/o.S.Ramana Goud, Aged 51 years, H.No.39-315, Vaddegeri, Kurnool. 5. Y. Raja Sekhara Reddy, S/o.Y. Prakash Reddy, Aged 57 years, F.No.105, VC Heavens, Kurnool. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by Principal Secretary (Revenue), A.P. Secretariat, Velagapudi, Amaravati. 2. The Commissioner and Inspector General, Registration and Stamps, Government of Andhra Pradesh Amaravati. 3. The District Collector, Kurnool. 4. The Sub-Registrar, Kallur, Kurnool District. 5. The Joint Sub-Registrar-1, Registrar's Office, Kurnool. 6. The Andhra Pradesh State Wakf Board, rep by its Chief Executive Officer, 4*'' and 5*'' Floor, Imdad Ghar, Opp K.R. Market, Vijayawada, Krishna District, A.P. (R6 is impleaded as per the Court's Order dt.22.01.2025 in I.A.No. 01 of 2024.) ...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 pass a writ, order or direction, more in the nature of Writ of Mandamus by declaring the action of the Respondent Nos.4 and 5 in not accepting the documents in P. Nos.786, 787, 788, 789 dated 8-4-2019, pertaining to land in Sy. Nos.154 and 155 of Munagalapadu Village of Kurnool District, for registration, by order dated 16-12-2020 on the ground that the said Sy. Nos. are included in the Prohibited List as arbitrary, illegal and discriminatory, being violative of Articles 14,21 and 300A and for a consequential direction to the Respondents to accept the documents in P. Nos. 786, 787, 788, 789 dated 8-4-2019 executed by (1) Shaik Hyderali S/o Shaik Dawood Mia (2)Shaik Abbas Ali S/o Late Shaik Dawood Mia (3)S. Usman Ali S/o Late Shaik Dawood Mia (4)Shaik Shareef Pasha S/o Shaik Abdul Hameed (5)Shaik Jafar, S/o S. Hameed Miah (6)Shaik Khadeer S/o Shaik Hameed Miah (7)Shaik Hussain S/o Shaik Hameed Miah (8)Shaik Apsar Hussain S/o Shaik Khajar Hussain (9) Shaik Khaja Basha S/o Shaik Husman Miah and (lO)Shaik Khaja Basha S/o Shaik Abdul Ghani in favour of the petitioners, for registration 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 may be pleased to grant leave to the petitioners herein/respondents No.5 to file the counter affidavit in the above writ petition lA NO: 1 OF 2021 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 to accept the documents in P. No. 786, 787, 788, 789 dated 8-4-2019 executed by (1) Shaik Hyderali S/o Shaik Dawood Mia, (2)Shaik Abbas Ali S/o Late Shaik Dawood Mia, (3)S. Usman Ali SA) Late Shaik Dawood Mia, (4) Shaik Shareef Pasha S/o Shaik Abdul Hameed, (5)Shaik Jafar, S/o S. Hameed Miah, (6)Shaik Khadeer S/o Shaik Hameed Miah, (7)Shaik Hussain S/o Shaik Hameed Miah, (8)Shaik Apsar Hussain S/o Shaik Khajar Hussain, (9) Shaik Khaja Basha S/o Shaik Husman Miah and (10) Shaik Khaja Basha S/o Shaik Abdul Ghani in favour of the petitioners, for registration, pending disposal of the Writ Petition Counsel for the Petitioners: SRI SURYAM.GANNAVARAPU Counsel for the Respondents No.lto 5: GP FOR REGISTRATION AND STAMPS (AP) Counsel for the Respondent No.6: SHAIK KHAJA BASHA The Court made the following: Order APHC010099472021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5775/2021 Between: M. Dasari Prakash and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SURYAM GANNAVARAPU Counsel for the Respondent(S): 1.SOHALI SHAREEF 2.GP FOR REGISTRATION AND STAMPS (AP) 3.SHAIKKHAJA BASHA The Court made the following order: The present writ petition is filed questioning the order dated 16.12.2020 of 4*'' respondent in refusing to register the documents presented by the petitioners in P Nos. 786, 787, 788 & 789 of 2019, dated 08.04.2019 in respect of Sy.Nos.154 & 155 of Munagalapadu Village of Kurnool District, on the ground that, the subject properties are listed under prohibited properties issued under Section 22-A of the Registration Act, 1908. 2. It is the case of the petitioners that, in respect of the subject lands, the respondents in fact entertained registration to an extent of Ac.8.00 cent in Sy.No.154 & 155 of Munagalapadu Village vide document Bo.13471 of 2018, dated 22.10.2018. Despite the same, the sale deeds presented by the petitioners were not registered and the same are kept pending registration. 3. The counsel for petitioners would submit that, the subject properties to an extent of Ac.4.00 cents in Sy.No.154 and Ac.4.00 in Sy.No.155 are included under list of prohibited properties by virtue of Errata Notification published in the AP Gazette W.No.32, dated 13.08.2019, to the AP Gazette Notification No.43A, Supply, Part-ll, dated 24.10.1963 at SI.No.3124 in pages 30 & 31 under 3 column No.9. He would further submit that, questioning the said Errata notification, the 2^^ petitioner herein preferred a writ petition vide WP No. 19769 of 2021, before this Court and after hearing the same, this Court by order dated 28.04.2023, allowed the said writ petition by setting aside Errata Notification dated 13.08.2019, whereunder the subject properties are included in the prohibited properties. Aggrieved by the said order the 7*^ respondent herein preferred appeal vide WA No.28 of 2024. The Division Bench of this Court, by order dated 17.10.2024, dismissed the said appeal along with batch. Further, assailing the correctness of the said order, the 7*^ respondent filed special leave petition in SLP(c) No.7855, 7951 & 8070 of 2025 before the Hon’ble Supreme Court. He would further submit that, hearing the special leave petitions, the Hon’bl Supreme Court by order dated 24.03.2025, dismissed the same by confirming the orders passed by the Division Bench of this Court in the above writ appeal. He would further submit that, subsequent to the said order passed by the Apex Court, the Chief Executive Officer, AP State Waqf Board addressed a letter dated 02.04.2025, to the 2"^^ respondent herein requesting to delete the subject lands from the list of prohibited properties issued under Section 22-A(1) (c) of upon Registration Act, 1908, immediately. The counsel for the petitioner would further submit that, despite the orders passed by the Hon’ble Supreme Court and despite addressing letter dated 02.04.2025 to the 2'’'^ respondent, the subject properties are not deleted from the prohibited properties list, thereby the valuable property rights of the petitioners are put to sufferance. :/ The Standing Counsel for respondent and Assistant Government Pleader for Revenue would submit that, the documents presented by the petitioner which are pending registration will be processed, registered and released if the same are in accordance with Indian Stamp Act, 1899 and Registration 4. Act, 1908. In view of the above, the writ petition is allowed directing the respondent Nos.4 & 5 to process, register and release the pending documents vide P Nos.786, 787, 788 & 789 of 2019, dated 08.04.2019, presented by the petitioners, if the same are in compliance with Indian Stamp Act, 1899 and Registration Act, 5. 1908. 5 6. Accordingly, the writ petition is allowed. i There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR jr ^ //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary (Revenue), State of Andhra Secretariat, Velagapudi, Amaravati. 2. The Commissioner and Inspector General, Registration and Stamps Government of Andhra Pradesh Amaravati. 3. The District Collector, Kurnool. 4. The Sub-Registrar, Kallur, Kurnool District. 5. The Joint Sub-Registrar-1, Registrar's Office, Kurnool. 6. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4th and 5th Floor, Imdad Ghar, Opp K.R.Market, Vijayawada, Krishna District, A.P. 7. One CC to SRI SURYAM GANNAVARAPU Advocate [OPUC] 8. Two CCs to GP FOR REGISTRATION AND STAMPS (AP), High Court of Andhra Pradesh [OUT] 9. One CC to SRI SHAIK KHAJA BASHA Advocate [OPUC] Three CD Copies Pradesh 10. gsg HIGH COURT DATED: 09/05/2025 ORDER WP.No.5775 of 2021 ^ 01 JUL 2025 rrMtSectiQDX>>^ O' ALLOWING THE WP WITHOUT COSTS