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2026 DAILYLAW 17035 (AP)

Dabbala Athiya Rasool Baig v. The State of Andhra Pradesh

WP/3272/2018 · 2026-02-19

Sumathi Jagadam

body2026

Judgment text

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APHC010073952018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3272/2018 Between: 1. DABBALA ATHIYA RASOOL BAIG, S/O. LATE DABBALA CHINNA SOFI SAHEB, AGED ABOUT 68 YEARS, H.NO. 5-96, GARGEYAPURAM (V), KURNOOL (M) AND DISTRICT. 2. MOGHAL SHAMSHEER BAIG, S/O. LATE SOFI SAHEB, AGED ABOUT 67 YEARS, H.NO. 1-130-24A, GARGEYAPURAM (V), KURNOOL (M) AND DISTRICT. 3. DABBALA BASHEER BAIG, S/O. LATE DABBALA CHINNA SOFI SAHEB, AGED ABOUT 64 YEARS, H.NO. 5-96, GARGEYAPURAM (V), KURNOOL (M) AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DIST. KURNOOL. 3. THE JOINT SUB REGISTRAR1, KURNOOL. 4. A P STATE WAKF BOARD, REP. BY IT'S CHIEF EXECUTIVE OFFICER, VIJAYAWADA, (TRANSIT OFFICE AND RAZZAQ MANZIL, HAJ HOUSE, NAMPALLY, HYDERABAD). ...RESPONDENT(S): 2 JS,J W.P.No.3272/2018 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 toto issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the impugned refusal order passed by The Joint Sub Registrar-1, Kurnool / R3 vide Ref.No.Ro.(0.B)/KNL/ Refusal Order No.1/2018, dated 12-01-2018, whereby treating the petitioners land as Wakf land in Sy. No.470, admeasuring Ac.1-00, situated in Gargeyapuram Village of Kurnool Mandal and District, as illegal, arbitrary and in violation of Arts. 14, 16 and 300-A of the Constitution of India inspite the A.P. State Wakf Board 1 R4 has lost the title in 0.S.No.38/1988, dated 31-12- 1998 and to consequently direct the 3rd respondent to register and release the Partition-Deed document dated 23-12-2017 upon representation without any reference to prohibitory list and to pass IA NO: 1 OF 2018 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 set aside the impugned refusal order passed by the Joint Sub-Registrar01, Kurnool / R3, vide Ref.No.Ro.(O.B)/KNL/Refusal Order No.1/2018, whereby treating the petitioners land as Wakf Land in Sy.No.470, admeasuring Acs.1.00 situated in Gargeyapuram Village of Kurnool Mandal and District without treating the land as prohibited property, pending disposal of the above Writ petition and pass IA NO: 1 OF 2024 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 grant the leave to file the counter in the above W.P. and consequently receive the counter affidavit on the file of this Honb'le court and pass Counsel for the Petitioner(S): 1. Y RATNA PRABHA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. SHAIK KHAJA BASHA 3 JS,J W.P.No.3272/2018 The Court made the following ORDER: During the course of the hearing, learned counsel for the petitioners sought permission of this Court to withdraw the writ petition and file an appeal before the competent authority. In view of the same, the writ petition is dismissed as withdrawn. However, liberty is granted to the petitioners to file an appeal before the appropriate forum. No order as to costs. As a sequel, any miscellaneous applications pending shall stand closed. __________________________________ JUSTICESUMATHI JAGADAM Dated: 20.02.2026 RSD 4 JS,J W.P.No.3272/2018 78 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3272/2018 Dated: 20.02.2026 RSD