Extracted from the PDF above. The PDF is authoritative.
APHC010269142026
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 15 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14113/2026 Between:
1. M LALITHAMMA, W/O M. SATYANARAYANA AGED ABOUT 72 YEARS, OCC HOUSEWIFE R/O.D.NO.28/980, C/O.CHAND BASHA AGENCIES 0PP.GOVERNMENT HOSPITAL, SAIBABA NAGAR NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP.BY MINORITIES WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT
2. THE COMMISSIONER AND EX OFFICIO, PRINCIPAL SECRETARY FOR THE MINORITIES WELFARE DEPT., GOVERNMENT OF ANDHRA PRADESH, 3RD BLOCK FLO SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
522238. 3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD 4TH AND 5TH FLOORS, IMDAD GHAR OPP.KALESWARA RAO MARKET, TARAPET VIJAYAWADA, NTR DISTRICT, AP - 522201
4. THE INSPECTOR AND AUDITOR OF WAQF, NANDYAL DIVISION, NANDYAL TOWN NANDYAL DISTRICT, AP
5. THE COMMISSIONER INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ANDHRA PRADESH V SQUARE BUILDING, KSR W.P.No.14113 of 2026 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14113/2026 LALITHAMMA, W/O M. SATYANARAYANA AGED ABOUT 72 YEARS, OCC HOUSEWIFE R/O.D.NO.28/980, C/O.CHAND BASHA AGENCIES 0PP.GOVERNMENT HOSPITAL, SAIBABA NAGAR NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI. SECRETARY MINORITIES WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT - 522238. THE COMMISSIONER AND EX OFFICIO, PRINCIPAL SECRETARY FOR THE MINORITIES WELFARE DEPT., GOVERNMENT OF ANDHRA PRADESH, 3RD BLOCK FLOOR. ROOM NO.213, A.P.
SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD 4TH AND 5TH FLOORS, IMDAD GHAR OPP.KALESWARA RAO MARKET, TARAPET VIJAYAWADA, NTR
522201. THE INSPECTOR AND AUDITOR OF WAQF, NANDYAL DIVISION, NANDYAL TOWN NANDYAL DISTRICT, AP - 518501. THE COMMISSIONER INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ANDHRA PRADESH V SQUARE BUILDING, KSR RC,J W.P.No.14113 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI LALITHAMMA, W/O M. SATYANARAYANA AGED ABOUT 72 YEARS, OCC HOUSEWIFE R/O.D.NO.28/980, C/O.CHAND BASHA AGENCIES 0PP.GOVERNMENT HOSPITAL, SAIBABA NAGAR ...PETITIONER ITS PRI. SECRETARY MINORITIES WELFARE DEPARTMENT, A.P. SECRETARIAT,
THE COMMISSIONER AND EX OFFICIO, PRINCIPAL SECRETARY FOR THE MINORITIES WELFARE DEPT., GOVERNMENT OF OR.
ROOM NO.213, A.P.
SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD 4TH AND 5TH FLOORS, IMDAD GHAR OPP.KALESWARA RAO MARKET, TARAPET VIJAYAWADA, NTR THE INSPECTOR AND AUDITOR OF WAQF, NANDYAL DIVISION, THE COMMISSIONER INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ANDHRA PRADESH V SQUARE BUILDING, KSR
RC,J W.P.No.14113 of 2026 2
PARK ROAD, WARD NO.2, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501. 6. THE SUB REGISTRAR, NANDYAL, NANDYAL DISTRICT, AP -
518501. 7. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL DISTRICT, NANDYAL, AP - 518501. 8. THE REVENUE DIVISIONAL OFFICER, NANDYAL REVENUE DIVISION, NANDYAL NANDYAL DISTRICT, ANDHRA PRADESH - 518 501
9. THE TAHSILDAR, NANDYAL MANDAL, NANDYAL DISTRICT ANDHRA PRADESH - 518501
...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 topleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in placing the petitioner's land an extent of Ac.3.16 cents which is part of Ac.6.12 cents in Survey No.454 Title deed No 703, situated at Udumalpuram Village of Nandyal Mandal and District, Andhra Pradesh in the Prohibitory List under Sec.22-A (1) (c) of Registration Act, 1908 vide Gazette No.372 dt.07- 09-2018 published by the Chief Executive Officer, Wakf Board and the consequent prohibition list published by the Respondent No.5 i.e., serial No.2 dated 28-09-2016 relating to an extent of Ac 6.12 Cents in Sy.
No 454 situated at Udumalpuram village, as being illegal, arbitrary and against the statutory provisions contained in the Waqf Act 2025 as well as guidelines issued by the Hon'ble Apex Court to include properties in prohibitory list vide orders dt.15-09-2025 passed in W.P. (Civil) No.276/2025 Re Waqf (Amendment Act, 2025) as well as against the Commissioner's Report on the survey of Waqf dt.01-04-1956 as well as 2 Commissioner's report dt.09-05- 2016 and consequently direct the respondents to remove the subject land from the Prohibitory List by setting aside the Gazette Notification No.372 dt.07-09-2018 and restore the name of the petitioner in the Revenue Records in the interest of justice and others reliefs and pass IA NO: 1 OF 2026
RC,J W.P.No.14113 of 2026 3
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 pleased to suspend the Gazette Notification dated 07-09-2018 vide Notification No. G.372, relating to an extent of Ac 6.12 Cents in Sy. No. 454, T.D. No: 703, Situated at udumalpuram village Nandyal mandal and District as well as Notification issued by the Registration and Stamps Department dated 28-09-2016 relating to serial No. 2, Sy. No. 454 with an extent of Ac 6.12 Cents, situated at Udumalpuram village Nandyal Mandal and District in, AP pending disposal of the Writ Petition and pass IA NO: 2 OF 2026 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 pleased to direct the respondents not to interfere with the possession and enjoyment of the petitioner with respect to the subject land i.e., Sy. No. 454 with an extent of Ac 6.12 Cents, situated at Udumalpuram village Nandyal Mandal and District pending disposal of the Writ Petition and pass IA NO: 3 OF 2026 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 permit me to file the following Documents 1. Copy of the Adangal No. 1422,2. Adangal Report Vide. LPM No. 266, 3. Adangal Report Vide. LPM No. 315, 4. Adangal Report Vide. LPM No. 1311, 5. RORIb Report Vide. Khata No. 2000901.
as additional material paper in W.P.No.14113 of 2026 and pass Counsel for the Petitioner:
1. SUDHAKARA RAO AMBATI Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR SOCIAL WELFARE
3. GP FOR REGISTRATION AND STAMPS
4. SHAIK KHAJA BASHA
RC,J W.P.No.14113 of 2026 4
ORDER
This Writ Petition is filed questioning the action of the respondent authorities in placing the petitioner’s land in an extent of Ac.3-16 cents which is part of Ac.6-12 cents in Survey No.454 of Udumalpuram Village of Nandyal Mandal and District in the prohibitory list under Section 22-A(1)(c) of Registration Act, 1908 vide Gazette No.372, dated 07.09.2018 published by the Chief Executive Officer, Wakf Board and the consequent Prohibion list published by the Respondent No.5 i.e. serial No.2 dated 28.09.2016 relating to an extent of Ac.6-12 cents in Survey No.454. 2. Heard Sri Ambati Sudhakara Rao, learned counsel for petitioner, learned Assistant Government Pleader for Social Welfare, Sri Venkata Satyanarayana, learned Assistant government Pleader for Revenue and Sri Shaik Khaja Basha, learned Standing Counsel for Waqf. 3. Clause-7 of G.O.Ms.No.444, Revenue (Registration-I) Department, dated 22.07.2026 would indicate that the authority to include or delete any land in or from the list of prohibited properties under clauses (1), (b), (c) and (d) of sub-section (1) of Section 22-A of the Registration Act, 1908, shall vest with the concerned Revenue Divisional Officer (RD0) or Sub-Collector, however, in respect of properties covered under section 22-A(1)(c), such action shall be taken only after prior consultation with the Endowments Department or the Andhra Pradesh State Wakf Board, as applicable. RC,J W.P.No.14113 of 2026 5
4. In the instant case, the petitioner did not make any efforts to get his grievance redressed by approaching the administrative authorities, who are empowered to delete the land from the purview of the prohibited properties list. 5. It is fairly settled that a writ petition filed under Article 226 of the Constitution is generally not maintainable if the petitioner has bypassed the specific statutory remedies provided under a Government Order, owing to the foundational rule of exhaustion of alternative remedies. 6.
In view of the above, instead of going into merits of the matter, this writ petition can be disposed of with a direction to the petitioner to exhaust the effective and efficacious alternate remedy. 7. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to approach the competent adjudicating authority for redressal of his grievance by moving an appropriate application. On such, the adjudicating authority shall dispose of the same within a period of three (03) months from the date of filing of the application. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 15TH September, 2026
RR