Andhra Pradesh High Court
WP/14113/2026 of M LALITHAMMA Vs THE STATE OF ANDHRA PRADESH on 14 September 2026
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
APHC010269142026
IN THE
TUESDAY, T
THE HONOURAB
WRIT
Between:
1. M LALITHAMMA, W
YEARS, OCC HOUS
AGENCIES 0PP.G
NANDYAL, NANDYAL
1. THE STATE OF AND
MINORITIES
WELF
VELAGAPUDI AMAR
2. THE COMMISSIONE
FOR THE MINORIT
ANDHRA PRADESH
SECRETARIAT VEL
522238.
3. THE CHIEF EXECU
WAQF BOARD 4
OPP.KALESWARA R
DISTRICT, AP - 52220
4. THE INSPECTOR AN
NANDYAL TOWN NA
5. THE COMMISSIONE
AND STAMPS, AND
W.P.N
HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THE 15th DAY OF SEPTEMBER 2026
PRESENT
BLE SRI JUSTICE RAVI CHEEMALAPA
T PETITION NO: 14113/2026
/O M. SATYANARAYANA AGED A
EWIFE R/O.D.NO.28/980, C/O.CHAN
GOVERNMENT HOSPITAL, SAIBABA
L DISTRICT, ANDHRA PRADESH.
...PE
AND
HRA PRADESH, REP.BY ITS PRI. SEC
FARE
DEPARTMENT,
A.P.
SECR
RAVATI, GUNTUR DISTRICT - 522238.
R AND EX OFFICIO, PRINCIPAL SEC
TIES WELFARE DEPT., GOVERNM
, 3RD BLOCK FLOOR. ROOM NO
LAGAPUDI, AMARAVATI, GUNTUR D
UTIVE OFFICER, ANDHRA PRADES
4TH AND 5TH FLOORS, IMDA
RAO MARKET, TARAPET VIJAYAWA
01.
ND AUDITOR OF WAQF, NANDYAL
ANDYAL DISTRICT, AP - 518501.
R INSPECTOR GENERAL OF REGIS
HRA PRADESH V SQUARE BUILD
RC,J
No.14113 of 2026
H
ATI
ABOUT 72
ND BASHA
A NAGAR
TITIONER
CRETARY
RETARIAT,
CRETARY
MENT OF
.213, A.P.
ISTRICT -
H STATE
AD GHAR
ADA, NTR
DIVISION,
STRATION
ING, KSR
RC,J
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
RC,J
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 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
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
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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
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