IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^4^ WRIT PETITION NO: 5529 OF 2025 ■A V X a S'#. Between: Ashok, S/o. Subba Rao, Aged 35 years, R/o. D.No. 37-1-169- loA, Matam Bazar, Ongole Town, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. Principal Secretary to Government Stamps and Registration Department, Secretariat, Velagapudi Amaravati, Guntur District. ’ 2. The State Waqf Board, Rep by its Chief Executive Officer 4*^ Floor Imdadghar, Building, Kaleswara Rao Market, Tarapet, Vijayawada ’ Andhra Pradesh 520003 h , j y wcud, 3. The District Waqf Officer, Ongole, Prakasam District. 4. The Joint Sub-Registrar-1, Register office, Ongole, Prakasam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4‘^ respondent in insisting the petitioner to produce NOC from the respondents 2 and 3 for registration of agreement of sale dated 17.02.2025 of Plot No.34 in Sy.No. 141 situated at Ongole Rural, Ongole Municipal Corporation, Prakasam District, as illegal, irregular, irrational and amounts to Non-Discharge of legal obligation conferred on respondents 2 to 4 and offends Constitution of India and consequently direct the 4 the High Court may articles 14 and 21 of respondent to register th ^ the said document and release the same without insisting permission from the Waqf authorities. lA NO: 1 OF 202.*; Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be agreement of sale dated 17.02.2025 of Plot No.34 in Sy.No. 141 situated at Ongole Rural, Ongole Municipal Corporation, Prakasam District and release the without insisting permission from the Waqf authorities, pending disposai of the main writ petition. pleased to direct the 4*^ respondent to register the same forthwith Counsel for the Petitioner: SRI K KOUTILYA Counsel for the Respondents 1, 3 & 4: GP for REGISTRATION Counsel for the Respondent No.2: SRI SHAIK KHAJA BASHA, SC for WAQF BOARD & STAMPS The Court made the following order: APHC010111432025 4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0S: WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5529/2n?fi Between: Marella Ashok ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KKOUTILYA Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS 2.SHAIKKHAJA BASHA The Court made the following: ...RESPONDENT(S) ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a writ order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of 4th respondent in insisting the petitioner to produce NOC from the respondent Nos. 2 and 3 for registration of agreement of one f sale dated, 17.02.2025 of Plot No. 34 in Sy.No 141 situated at Ongole, Rural Ongole, Municipal Corporation, Prakasam District as illegal, irregular, irrational and amounts to Non Discharge of legal obligation conferred on respondent Nos. 2 to 4 and offends articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to register the said document and release the same without insisting permission from the Waqf authorities and to pass such other order or orders...” - -H .2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The learned counsel for the petitioner submits that the petitioner intends to purchase Plot No. 34 in Sy. No. 141, situated at Ongole Rural, Ongole Municipal Corporation, Prakasam District, through a sale agreement dated 17.02.2025. The vendor acquired the said property under a registered sale deed (Doc. No. 1937/1992) dated 16.05.1992 and he has been in uninterrupted possession and enjoyment since then. The petitioner approached the 4th respondent, the Registrar, along with the vendor to register the sale document dated 17.02.2025. However, the 4*'' respondent did not register the document on the ground that the land was notified by the wakf land and insisted the petitioner to produce NOC from the Waqf board for registration. Hence the writ petition. V He further submits that Ac.20.68 cents of land in Sy.No.141 of ^ A. Ongole Revenue Village Prakasam District was notified as Wakf Property. The A.P. Wakf Board the respondent herein submitted a proposal for alienation of the same. The Government accorded permission vide its order in G.O.Ms.No.31 dated 01.01.1986. On the basis of the same the land was alienated in favour of the Muslim Minorities Samkshema Seva Sangham (for short the Sangham) and the land was further divided into plots and was allotted to the members of the Sangham and further sale deeds were executed in the year 1990 in favour of its members. 5. It is true that the land in Sy. No. 141 was classified as Waqf property. If the land had retained the same character, the 4th respondent would have been justified in refusing to register the document. Additionally, Section 22-A of the Registration Act, 1908 prohibits the registration of properties belonging to Waqf and endowments, along with other categories of land. It is a matter of record that the Waqf Board sold the land in favor of the Sangham after obtaining the necessary permission from the Government. The plot in question has subsequently changed hands, and no objections were raised either by the Waqf Board or members of the Sangham. Therefore, the land in Sy. No. 141 has ceased to be the property of the Waqf Board or any Waqf governed by it. 6. 7. Hence, the writ petition is allowed, and the 1st respondent is directed to process the document without treating the subject matter as Waqf property in view of the reasons explained above. With the above said direction, the Writ Petition is allowed. There 8. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// To SEeriON OFFICER ^ Principal Secretary to Government, Stamps and Registration Department State of Andhra Pradesh, Secretariat, Velagapudi Amaravati, Guntur District. 4"' Floor. Imdadghar, 520003 ' ^ l^orket, Tarapet, Vijayawada, Andhra Pradesh 3. The District Waqf Officer, Ongole, Prakasam District. 4. The Joint Sub-Registrar-1, Register office, Ongole, Prakasam District. 5. One CC to Sri K Koutilya, Advocate [OPUC] 6. One CC to Sri Shaik Khaja Basha, Advocate [OPUC] Prades'^^jOIJ-n '^^^istration & Stamps, High Court of Andhra 8. Two CD Copies RAM HIGH COURT DATED;05/03/2025 X <3. ^ ^ . Current Section 03 APR 2025 ORDER WP.No.5529 of 2025 ALLOWING THE WP WITHOUT COTS