APHC010200002025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N BETWEEN: 1. G. LAKSMI DEVAMMA, W/ YEARS, R/o. H.N DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE AP STATE WAKF BOARD, VIJAYAWADA, KRISHNA DISTRICT REP. BY ITS CHIEF EXECUTIVE OFFICER 3. THE DISTRICT REGISTRAR, KURNOOL DISTRICT, KURNOOL 4. THE SUB REGISTRAR, KALLUR, KURNOOL DISTRICT 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 a writ, order or direction particularly one in the nature of Writ of mandamus declaring the action of the 4 to receive the three sale deeds dated 24.03.2025 executed by the petitioner in favour of three vendors pertaining to site admeasuring 500 Sq. Yards in Sy.Nos. 128/1, 128/3 and 340 of Kallur Kurnool District purchased vide registered sale deed vide document No. 3272/1999, dated 04.06.1999 by relying on the impugned Memo No. 01/Prot/AP/Genl/2016, dated 16.11.2016 of the 2nd respondent though their claim was dismissed vid IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 10412/2025 G. LAKSMI DEVAMMA, W/o. G. SIVADEVAIAH AGED ABOUT 74 . H.No.41/162, KOTHAPET, KURNOOL, KURNOOL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT THE AP STATE WAKF BOARD, VIJAYAWADA, KRISHNA DISTRICT REP. BY ITS CHIEF EXECUTIVE OFFICER THE DISTRICT REGISTRAR, KURNOOL DISTRICT, KURNOOL THE SUB REGISTRAR, KALLUR, KURNOOL DISTRICT ...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 a writ, order or direction particularly one in the nature f mandamus declaring the action of the 4th respondent in refusing to receive the three sale deeds dated 24.03.2025 executed by the petitioner in favour of three vendors pertaining to site admeasuring 500 Sq. Yards in Sy.Nos. Yards in Sy.Nos. 128/1, 128/3 and 340 of Kallur Village and Mandal, Kurnool District purchased vide registered sale deed vide document No. 3272/1999, dated 04.06.1999 by relying on the impugned Memo No. 01/Prot/AP/Genl/2016, dated 16.11.2016 of the 2nd respondent though their claim was dismissed vide Judgment and Decree, dated 26.02.1970 IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE TWENTY THIRD DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO . G. SIVADEVAIAH AGED ABOUT 74 .41/162, KOTHAPET, KURNOOL, KURNOOL ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, THE AP STATE WAKF BOARD, VIJAYAWADA, KRISHNA DISTRICT REP. BY ITS CHIEF EXECUTIVE OFFICER THE DISTRICT REGISTRAR, KURNOOL DISTRICT, KURNOOL THE SUB REGISTRAR, KALLUR, KURNOOL DISTRICT ...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 a writ, order or direction particularly one in the nature respondent in refusing to receive the three sale deeds dated 24.03.2025 executed by the petitioner in favour of three vendors pertaining to site admeasuring 500 Sq. Village and Mandal, Kurnool District purchased vide registered sale deed vide document No. 3272/1999, dated 04.06.1999 by relying on the impugned Memo No. 01/Prot/AP/Genl/2016, dated 16.11.2016 of the 2nd respondent though e Judgment and Decree, dated 26.02.1970 2 in O.S No. 27/1969 on the file of The Additional Subordinate Judge, Kurnool and subsequent hundreds of orders passed by this Hon'ble Court including in W.P No. 1340/2020, dated 05.01.2021 and W.P No.14331/2020, dated 07.03.2023, as illegal, arbitrary, contemptuous and consequently set aside the impugned Memo of the 2nd respondent in so far as petitioners land are concerned with a further direction to the 4th respondent Sub Registrar to forthwith receive the aforesaid documents and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS 2. SHAIK KHAJA BASHA The Court made the following: 3 ORDER: The present Writ Petition is filed aggrieved by the action of the respondents in not entertaining the registration basing upon the Memo F.No.01/Prot/AP/Genl/2016, dated 16.11.2016 and consequently prayed to direct the respondents to receive, register and release the sale deed presented for registration. 2. Learned counsel for the petitioner would submit that the petitioner is the owner of the Plot No.7, admeasuring 500 sq. yards in the layout in Sy.Nos.128/1, 128/3 and 340 of Kallur village and mandal, Kurnool District, which was purchased by way of registered sale deed No.3272/1999, dated 04.06.1999, ever since, she is in possession and enjoyment of the same subsequently a layout was made. In order to meet the family necessities, the petitioner agreed to sell the plot dividing into three bits admeasuring 222.22 sq. yards, 138.88 sq. yards and 138.88 sq. yards, to the intended purchasers by executing sale deeds dated 24.03.2025, when the same were presented before the 4th respondent, he refused to receive and register the same basing upon the aforesaid memo dated 16.11.2016 and the subject memo was the subject matter of the Writ Petition in W.P. No.10631 of 1992 and the said Writ Petition was allowed and memo was set aside by the erstwhile High Court of Andhra Pradesh vide order dated 28.12.1992 and also further stated that the land in Sy.No.128, 340 is subject matter in the Suit O.S. No.27/1969, filed suit for recovery of 4 possession and the said suit was dismissed by the Additional Subordinate Judge, filed by the Wakf Board. Subsequent to the dismissal of the suit, number of writ petitions has been filed before this Court and the said writ petitions were allowed and the registrations were done. Therefore not entertaining the sale deeds presented by the petitioner amounts to violation of principles of natural justice and hence, prayed to direct the respondents to receive and register the documents. 3. Learned counsel appearing for the 2nd respondent draws the attention of the Court to the judgment in O.S. No.27 of 1969 on the file of the Additional Subordinate Judge, Kurnool and would submit that as per the findings of the judgment in O.S. No.27/1969, the property is Wakf property and the said contention has not been raised in the earlier writ petition and also stated that either vendor of the writ petitioner or writ petitioner are not the parties to the suit O.S. No.27 of 1969 and it is settled proposition of law that the Judgment in the suit is binding only to the parties to the suit, either the petitioner or the vendors of the petitioner are not the parties to the suit. Therefore, this judgment is not binding to the petitioner. Hence, prayed to dismiss the Writ Petition. 4. The Suit in O.S. No.27 of 1969 was dismissed on the ground that the suit barred by limitation, the possession of the defendants cannot be disturbed. 5 5. In reply to the argument raised by the learned counsel for the 2nd respondent, the petitioner relies on the order in W.A. No.1013 of 2023 and batch. The Division Bench of this Court held that when the suit itself barred by limitation would mean that the land in question cannot be recovered by the Wakf Board. In the absence of such ability to recover the land, the question of keeping the land in such a limbo wherein persons can remain in occupation but cannot transfer the land would only give rise to further complications. Even otherwise, the order of the civil Court in O.S. No.27 of 1969 bars the Wakf Board from making any claim over the land. 6. The suit filed by Waqf Board for relief of declaration, for the survey Nos.120, 208, 313, 316, 317, 320 and 517 was dismissed on the ground, the suit barred by limitation. When the Waqf Board cannot enforce the judicial process by means of suit, as no right of remedy under Section 27 of the Limitation Act subsists. The Waqf Board has extinguished the right to such property. Hence, the contention that the judgment is binding only to the parties to the Suit, is appear to be not sound and this Court as well as erstwhile High Court of Andhra Pradesh passed several orders, directing the respondents herein to receive and register the documents, pertaining to very subject matter of property. 7. Learned counsel appearing for the Revenue Department would submit that the petitioner has not presented any document, if at all the 6 petitioner had submitted document, the Sub Registrar Office will issue pending registration number, without submitting the document, the petitioner cannot seek a relief to register the document. 8. This Court has disposed of W.P. No.14331 of 2020 relying on the orders of composite High Court in W.P. No.12313 of 2013, directed the respondents in the event the documents presented for registration is found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act,1899, the Sub-Registrar/3rd respondent shall complete the registration formalities and release the documents in accordance with law. 9. The suit order was under challenge in batch of writ appeals in W.A. No.1013 of 2023 and batch, the order of this Court in W.P. No.14331 of 2020 has been upheld by the Division Bench. Therefore, the present Writ Petition is disposed of directing the writ petitioner to present the documents to the concerned Sub Registrar Office fulfilling the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, thereafter the Sub Registrar shall complete the registration formalities and release the documents in accordance with law. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.02.2026 Harin 7 32 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 10412 OF 2025 Date: 23-02-2026 Harin