APHC010703362018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33868/2018 Between: 1. MD. D. LQBAL HUSSAIN,, S/O. D. BASHEER AHMED, AGED 47 YEARS, H.NO. 24-79, GANI GALLI VEEDHI, KURNOOL CITY. ...PETITIONER 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, R.O.(O.B), KURNOOL. 4. A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, VIJAYAWADA, (TRANSIT OFFICE @ RAZZAQ MANZIL, HAJ HOUSE, NAMPALLY, HYDERABAD). ...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 to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent whereby declaring the petitioners land as Wakf Property, which is situated in Sy. No. 549, 2 VS,J W.P.No.33868 of 2018 admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, as illegal, unjust, arbitrary and in violation of Arts. 14,16 and 300-A of the Constitution of India and contrary to Wakf Act, 1995 and consequently to set aside the same and direct the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon representation 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 refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent by directing the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon re-presenting the same with respect to the land in Sy. No. 549, admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, wothout treating the land as Wakf Property and to pass Counsel for the Petitioner: 1. Y RATNA PRABHA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. SHAIK KHAJA BASHA The Court made the following: 3 VS,J W.P.No.33868 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, by declaring the refusal order No.2 of 2011, dated 13-01-2011 passed by the 3rd respondent whereby declaring the petitioners land as Wakf Property, which is situated in Sy. No. 549, admeasuring Acs.1-40 cents of Gargeyapuram Village, Kurnool Mandal and District, as illegal, unjust, arbitrary and in violation of Arts. 14,16 and 300-A of the Constitution of India and contrary to Wakf Act, 1995 and consequently to set aside the same and direct the 3rd respondent to register and release the Sale Deed document dated 22-12-2010 upon representation and to pass…” 2. The petitioner’s case is that the land admeasuring Acs.1.40 cents out of Acs.6.06 cents in Sy.No.549 situated in Gargeyapuram village of Kurnool mandal and district was alienated in favour of the petitioner by his vendors and he paid stamp duty in relation to the same on 22.12.2010. When the document was presented before the 3rd respondent on 22.12.2010, the same was kept pending vide P.No.165 of 2010; as the said document was not being registered, the petitioner filed W.P.No.29280 of 2010 before this Court which was disposed of on 24.11.2010 directing the 1st respondent therein to act in accordance with Section 71 of the Registration Act, 1908. Pursuant to the same, the 3rd respondent passed a 4 VS,J W.P.No.33868 of 2018 refusal order vide No.2 of 2011, dated 13.01.2011 stating that land in Sy.No.549 of Gargeyapuram village is notified as Wakf property as per gazette bearing Serial No.3049, T.D.No.1203 and that the same is prohibited for registration as it is a notified Wakf property. Challenging the refusal order dated 13.01.2011, the present writ petition is filed. 3. The 4th respondent filed a detailed counter affidavit stating that the 3rd respondent has not committed any error in passing the impugned refusal order as the subject land is a notified waqf property, published in A.P. Gazette No.43A, dated 24.10.1963. The lands covered in T.D.No.1400 in Sy.No.516 and 549 admeasuring Acs.3.33 cents and Acs.6.06 cents belongs to Mosque and at the time of survey, one S. Sirajuddin and 13 other Muthawalis were looking after the Inam lands and maintaining the said mosque. As the subject lands are notified as waqf, the 4th respondent sent a communication to the Commissioner and Inspector General of Registration and Stamps to include the waqf properties in the prohibitory properties list and not to entertain the documents in view of prohibition under Section 22A of the Indian Registration Act. Hence, requested to dismiss the writ petition. 4. Heard Mrs. Y. Ratna Prabha, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 5 VS,J W.P.No.33868 of 2018 5. Perused the entire material available on record. Admittedly, the 3rd respondent has passed the impugned refusal order dated 13.01.2011 on the ground that the land in question is notified as waqf property and that the same is incorporated in the list of prohibited properties maintained under Section 22-A of the Registration Act, 1908. If the petitioner seeks deletion of the subject property from the prohibited list, the petitioner is required to approach the Grievance Redressal Committee headed by the District Collector by way of an application as required under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Without availing the said remedy, the petitioner has directly approached this Court. 6. In view of the same, without going into the merits of the case, this Court feels it appropriate to direct the petitioner to submit an application before the Grievance Redressal Committee seeking deletion of the subject property from the prohibited properties list, as contemplated under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Upon submission of the said application, the 2nd respondent/District Collector shall consider the same and pass appropriate orders, in accordance with law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6 VS,J W.P.No.33868 of 2018 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 15.07.2026 Gss