WP/23490/2021 of DR ANNADATHA UMASUNDARI Vs The State of Andhra Pradesh on 9 February 2026

1. DR ANNADATHA UMASUNDARI, W/O DR. A.V. SUBRAHMANYAM AGED ABOUT 72 YEARS , OCC.- DOCTOR R/O 15/3/49, BRINDAVANAM, NELLORE

2. DR. ANNADATHA LAKSHMI ALIAS PONUGOTI LAKSHMI, W/O P.V.N SURESH BABU AGED ABOUT 65 YEARS, OCC.- DOCTOR R/O 15/3/49, BRINDAVANAM, NELLORE

3. MS.KONDA VAISHNAVI, D/ O MALLIKARJUNA REDDY AGED ABOUT 29 YEARS, OCC.- PVT. SERVICE, R/O 27-1-551 ADITYA NAGAR, NELLORE - 524 002

4. SMT ADAPALA RADHIKA, W/O SRIDHAR REDDY AGED ABOUT 50 YEARS, OCC.- PVT. SERVICE, R/O 2C VAIBHAV ENCLAVE, MAGUNTA LAYOUT NELLORE 524003

5. SRI NANDIPATI ANIL KUMAR, S/O N.RAMACHANDRA REDDY, AGED ABOUT 46 YEARS, OCC.- BUSINESS, R/O G-D VAIBHAV ENCLAVE,MAGUNTA LAYOUT NELLORE - 524 003

6. SRI NANDAPATI SWARNALATHA, W/O ANIL KUMAR REDDY, AGED ABOUT 42 YEARS, OCC.- HOUSEWIFE, R/ O 3F, VAIBHAV

7. SRI MAGUNTA DWARAKANATH REDDY, S/O KODANDA RAMI REDDY, AGED ABOUT 68 YEARS, OCC.- BUSINESS, R/O 1C, VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524 003

8. SRI KILARI SUBRAHMANYAM NAIDU, S/O K VENKATA SUBBAIAH AGED ABOUT 53 YEARS, OCC.- BUSINESS, R/O 2A, VAIBHAV ENCLAVE, MAGUNTA LAYOUT NELLORE - 524 003

9. SMT GIDDALURU SAROJANAMMA, W/O JAYARAM REDDY, AGED

ABOUT 82 YEARS, OCC.- HOUSEWIFE, R/O 1G, VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524 003

10. SRI PADMANABHUNI VENKATESWARLU, S/O RADHAKRISHNAIAH, AGED ABOUT 62 YEARS, OCC.- BUSINESS, R/O 2H VAIBHAV ENCLAVE,MAGUNTA LAYOUT NELLORE - 524 003

11. CHERUKURI SRINIVASULU NAIDU, S/O VENKATAPPA NAIDU, AGED ABOUT 67 YEARS, OCC.- BUSINESS, R/O PLOT NO.401, 24- 2-34, TEJA TOWERS, MAGUNTA LAYOUT, NELLORE

12. SRI KAKUTURU SAICHARAN, S/O K.V. RAMANA REDDY, AGED ABOUT 42 YEARS, OCC BUSINESS, R/O PLOT NO-3C VAIBHAV ENCLAVE,MAGUNTA LAYOUT, NELLORE - 524 003

13. SRI PABOLU VENKATA SUBBA RAO, S/O GURAVAIAH, AGED ABOUT 82 YEARS, OCC.- RETD R/O 2D VAIBHAV ENCLAVE, MAGUNTA LAYOUT , NELLORE - 524 003

14. SRI CHOWKACHARLA BHASKAR REDDY, S/O LAKSHMAN REDDY, AGED ABOUT 52 YEARS, OCC.- BUSINESS, R/O 3G VAIBHAV

15. SRI GURRAM VENKATA SURESH BABU, S/ O CHINNA VENKATA SUBRAHMANYAM, AGED ABOUT 60 YEARS, OCC.- BUSINESS, R/O 3H VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524

16. SRI MAMIDALA RAMAPRASAD, S/O KRISHNAIAH, AGED ABOUT 69 YEARS, OCC.- BUSINESS, R/O 1D, VAIBHAV ENCLAVE,MAGUNTA LAYOUT, NELLORE - 524 003

17. SMT SIDDAREDDI AHSOK LAKSHMI, W/ O VENKAT REDDY, AGED ABOUT 66 YEARS, OCC.- HOUSEWIFE, R/O LA VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524 003

18. SRI POKURU KRISHNAIAH ALIAS JAYA KRISHNA REDDY, S/O VENKAIAH, AGED ABOUT 64 YEARS, OCC.- BUSINESS, R/O 23-1- 19 MAIN RAOD, FATHEKANPET, NELLORE - 524 003

19. MS. DANDU SINDHU, D/O D SRINIVASULU REDDY AGED ABOUT 37 YEARS, OCC.- PVT. SERVICE, R/ O 24-6-57 SARASWATHI NAGAR DARGAMITTA NELLORE 524003

20. SRI POLAVARAM VENKATA SURESH BABU, S/O DASARADHARAMAIAH, AGED ABOUT

YEARS, OCC.- BUSINESS, R/O PLOT NO. 384, MAGUNTA LAYOUT, NELLORE - 524 003

21. SRI KATAMREDDY DWARAKANATH REDDY, S/ O SUNDARARAMI REDDY, AGED ABOUT 52 YEARS, OCC.- BUSINESS, R/O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

22. SRI AKULA RAVIKANTH, S/ O RAMA MURTHY AGED ABOUT 60 YEARS, OCC.- BUSINESS, R/O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

23. SRI KOTHURU MALLIKARJUNA,, S/O SOMI REDDY AGED ABOUT 60 YEARS, OCC.- BUSINESS, R/O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

24. SRI KARICHETI SRINIVASULU REDDY, S/O SUBBARAMI REDDY, AGED ABOUT 54 YEARS, OCC.- BUSINESS, R/O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

25. SRI SARVEPALLI GOWRI SANKAR, S/O KRISHNA MURTHY AGED ABOUT 60 YEARS, OCC.- BUSINESS, R/ O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

26. SRI BETHU RAMALINGESWARA RAO, S/O MALLAIAH, AGED ABOUT 62 YEARS, OCC.- BUSINESS, R/O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

27. SRI DAREDDY PRABHAKAR REDDY, S/O RAMACHANDRA REDDY, AGED ABOUT 51 YEARS, OCC.- BUSINESS, R/O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

28. SRI MAGUNTA SUNEEL KUMAR REDDY, S/ O GOPAL REDDY, AGED ABOUT 45 YEARS, OCC.- BUSINESS, R/O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

29. SRI G.V. KRISHNA REDDY, S/O PARANDHAMI REDDY AGED ABOUT 59 YEARS, OCC.- BUSINESS, R/O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

30. SMT BODI ANURANDA, W/O B. RAVI AGED ABOUT 48 YEARS, OCC.- HOUSEWIFE, R/O 7/24/1973,1ST CROSS ROAD, MAGUNTA

31. SMT VELLAPALEM BAGHAVATHI, W/ O HARANATHA REDDY, AGED ABOUT 50 YEARS, OCC.- HOUSEWIFE, R/O SIDDIVINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

32. SMT KOLLU SWAPNA, W/O KOLLU SATISH, AGED ABOUT 37 YEARS, OCC.- HOUSEWIFE, R/O 2B, VAIBHAV ENCLAVE, MAGUNTA LAYOUT NELLORE

33. SRI DUBAGUNTA SIVA SUBRAMANYA DEVI PRASADA SRINIVAS, S/ O HARAGOPAL, AGED ABOUT 48 YEARS, OCC.- BUSINESS, R/ 01ST CROSS ROAD, MAGENTA LAYOUT, NELLORE

34. MS PEDASINGH RAGHU PRIYA, D/ O MALLIKARJUNA RAO, AGED ABOUT 43 YEARS, OCC.- HOUSEHOLD, R/ O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

35. SRI NELLATURU MALLIKARJUNA REDDY, S/ O CHENCHU REDDY, AGED ABOUT 44 YEARS, OCC.- BUSINESS, R/O VENNELA TOWERS, MAGUNTA LAYOUT, NELLORE

36. SRI DUVUURU SUJATHAMMA, W/ O BHASKAR REDDY AGED ABOUT 60 YEARS, OCC.- HOUSEWIFE, R/O MAGUNTA LAYOUT, NELLORE

37. SMT POKURU SULOCHANAMMA, W/ O BHASKAR RAO AGED ABOUT 69 YEARS, OCC.- HOUSEWIFE, R/O 24-2-1227 CENTRAL AVENUE, MAGUNTA LAYOUT, NELLORE

38. SRI NAIDU MADHUSUDHANA REDDY, S/O ADISESHA REDDY, AGED ABOUT 65 YEARS OCC.- PVT. SERVICE, R/O MAGUNTA

39. SRI VALLURU VENKATA KRISHNAIAH NAIDU, S/O KONDAPPA NAIDU AGED ABOUT 65 YEARS, OCC.- PVT. SERVICE, R/O FLAT NO-505, ROSE QUARTZ BLOCK MY HOME JEWEL, MADINAGUDA, HYDERABAD

40. SRI VEMURU MADHUSUDHAN REDDY, S/O JANARDHN REDDY AGED ABOUT 65 YEARS, OCC.- BUSINESS, R/ O OJILI (VILLAGE AND MANDAL), NELLORE DISTRICT

41. SMT. VALIUM PADMAJA, W/O MURALI KRSIHNA AGED ABOUT 50 YEARS, OCC.- HOUSEWIFE, R/O FLAT NO- G-1, PAVANI OPTIMA APARTMENTS, MAGUNTA LAYOUT, NELLORE

42. SRI VALLURU MADHUSUDHAN, S/ O KONDAPPA NAIDU, AGED ABOUT 60 YEARS, OCC.- BUSINESS, R/O D-NO.- 24-7-33, BESIDE SRK SCHOOL, MAGUNTA LAYOUT, NELLORE - 524 003

43. SRI DAMAVARAPU RAGHUNATH REDDY, S/0 RANGA REDDY, AGED ABOUT 55 YEARS, OCC.- BUSINESS, R/ O FLAT NO-3B, VAIBHAV ENCLAVE, MAGUNTA LAYOUT NELLORE - 524 003

44. SRI VEMA MOHAN KUMAR, S/O V SANTHANAM AGED ABOUT 64 YEARS, OCC.- BUSINESS, R/O FLAT NO 1-H, VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524 003

45. SRI NALAMOLU RAJENDRA PRASAD, S/O LATE GOPALA KRISHNA AGED ABOUT 45 YEARS, OCC.- BUSINESS, R/O FLAT NO.- I-E, VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE - 524 003

46. SRI VELAMPALLI RANGANADHA RAO, S/O KRISHNAIAH, AGED ABOUT 46 YEARS, OCC.- BUSINESS, R/O FLAT-F, VAIBHAV ENCALVE, MAGUNTA LAYOUT, NELLORE - 524 003

47. SRI GOVINDRAJU KRISHNA MOHAN RAO, S/O G.H SEETA RAMA SARMA AGED ABOUT 65 YEARS, OCC.- BUSINESS, R/O FLAT I-F, VAIBHAV ENCLAVE, NELLORE

48. SMT. GADDAM SEETHARAMAMMA, W/O KRISHNAIAH ALIAS JAYAKRISHNA REDDY AGED ABOUT

YEARS OCC.- HOUSEWIFE, R/ O MAGUNTA LAYOUT, NELLORE.

49. SRI KAVURI BALAKRISHNA, S/ O K.JAYASANKARA PRASAD, AGED ABOUT 56 YEARS, OCC.- BUSINESS, RIO FLAT NO-3D VAIBHAV ENCLAVE, NELLORE

50. SMT D.GIRIJA KUMARI, W/O Y.VENKATA RAMANA REDDY, AGED ABOUT 55 YEARS, OCC.- HOUSEWIFE, R/O FLAT NO-2D, SIDDIVINAYAKA APARTMENT, NELLORE

51. SMT M SYAMALA, W/ O LATE V.KRISHNA GOPAL AGED ABOUT 55 YEARS OCC.- HOUSEWIFE, R/O FLAT NO-6, SIDDIVINAYAKA RESIDENCY, NELLORE

52. SRI P.KRISHNA MURTHY, S/O P.PENCHALAIAH, AGED ABOUT 72 YEARS, OCC.- BUSINESS, R/O PLOT NO408,409,410,411,412,413,390,391, MAGUNTA LAYOUT, NELLORE

53. SMT PATHURI JALAJAM, W/O LATE L.M SASTRY AGED ABOUT 55 YEARS, OCC.- HOUSEWIFE, R/O FLAT NO- LB, VAIBHAV ENCLAVE, NELLORE

54. SRI VAKA SRINIVAS REDDY, S/O VAKA, AGED ABOUT 40 YEARS, OCC.- BUSINESS, R/ O FLAT NO-6, VENNELA TOWERS, MAGUNTA

55. SRI SURAPARAJU RAGHAVENDRA RAO, S/O SURAPARAJU PATTABHIRAMAIAH, AGED ABOUT 45 YEARS, OCC.- BUSINESS, R/O F-NO-3E SIDDIVINYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

56. SMT. VASIPALLI SUREKHA, W/O GUNNERI BHARATH REDDY AGED ABOUT 40 YEARS, OCC.- HOUSEWIFE, R/ O PLOT NO45, MAGUNTA LAYOUT, NELLORE

57. SMT. RAJESHWARI, W/O AGED ABOUT 42 YEARS, OCC.- HOUSEWIFE, R/ O FLAT NO-LE, VAIBHAV ENCLAVE, MAGUNTA LAYOUT, NELLORE

58. D.HANUMAN REDDY, S/O D.RAGHUNANDH REDDY AGED ABOUT 38 YEARS OCC.- BUSINESS, R/O FLAT NO-3, SIDDI VINAYAKA RESIDENCY, MAGUNTA LAYOUT, NELLORE

59. B.N.S.L ANUSHA, D/0 B.SHARATH BABU AGED ABOUT 34 YEARS, OCC.- PVT. SERVICE, R/ O FLAT NO-3 SIDDI VINAYAKA RESIDENCY, MAGUNTA LAYOUT NELLORE

60. M/S SRI VEKATESHWARA SWAMY SPIRITUAL AND EDUCATIONAL TRUST, REP. BY ITS TRUSTEE M. VIJAYA REDDY HAVING ITS REGD. OFFICE AT SRI VENBKATESHWARA TEMPLE, MAGUNTA

...PETITIONER(S) AND

1. THE STATE OF ANDHRA PRADESH, REP. BY PRL SECRETARY, (REVENUE) DEPARTMENT VELAGAPUDI, ANDHRA PRADESH.

2. THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR, KALESHWARA RAI MARKET, NEAR HEAD POST OFFICE, VIJAYAWADA-1, KRISHNA DISTRICT

3. THE DISTRICT COLLECTOR, , S.P.S.R NELLORE DISTRICT.

4. THE INSPECTOR AUDITOR WAQFS, , SPSR NELLORE DISTRICT

5. THE SUBREGISTRAR, NELLORE, NEAR OLD BUS STAND, JUBILEE HOSPITAL COMPOUND, NELLORE.

6. THE TAHSILDAR, NELLORE RURAL MANDAL, NELLORE 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 topleased to issue an order, direction or writ one more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.5 Sub-Registrar in including the petitioners private properties in Survey . No. 618/2 of Nellore Town Bit-I in the list of prohibited properties under Section 22- A (1)(c) of Registration Act, 1908 in pursuance of proceedings in F. No. IAW/NLR/19/ 2011 Dt.- 16-03-2018 consequent proceedings in F.No. 01/NLR/Prot/2018 Dt.- 18-05- 2018, at the behest of illegal claim of

Respondent No.2, Waqf Board that they are waqf properties as arbitrary, illegal, violative of fundamental rights of the petitioners and without jurisdiction, nullity and is liable to be set aside, and accordingly set aside the proceedings F.No. IAW/NLR/19/ 2011 Dt.- 16-03-2018 and F.No. 01/NLR/Prot/2018 Dt.- 18- 05-2018 and all the claims of Respondent No.2 in respect of petitioners properties in Survey .No. 618/2, and consequently direct the respondent No.5 to delete the petitioners' properties in No. 618/2 of Nellore Town Bit-I, from the list of prohibited properties under Section 22-A(1) (c) of Registration Act, 1908 by deletion, in the interest of justice and pass IA NO: 1 OF 2021 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 Respondent No. 5 to receive the documents presented by the petitioners for the lands acquired by them under individual sale deeds without reference to Prohibited list under Section 22- A registration Act, 1908 and register and release the same in respect of properties in SURVEY . No., 618/2 of Nellore City in the interest of justice and pass Counsel for the Petitioner(S):

1. NOMOS VISTAS THE LAWYERS Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR REGISTRATION AND STAMPS (AP)

3. SHAIK KHAJA BASHA The Court made the following:

WRIT PETITION NO: 23490 of 2021

ORDER:

Heard Mr. Govardhan Venu appearing for M/s Nomos Vistas, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1, 3 & 6, learned Government Pleader for Registration and Stamps appearing for the respondent No.5 and Mr. Shaik Khaja Basha, learned Standing Counsel for the respondent No.2.

2. The instant writ petition is filed challenging the action of the 5th respondent in keeping the petitioner’s property in Sy.No.618/2 of Nellore Town Bit-I in the list of prohibited category under Section 22 A (1) (c) of the Registration Act, 1908 (for short, “the Act, 1908”).

3. It is contended that the petitioners are the absolute owners of the subject property, having purchased it under separate registered sale deeds. To undertake further developmental activities in respect of the subject property, the petitioners have approached the Revenue Authorities to enquire about the stamp duty and registration fees. In this regard, the petitioners learned that their lands are included on the list of prohibited properties under the Act of 1908. Immediately, the petitioners submitted an application dated 21.12.2020 to delete their properties from the list of prohibited properties. Upon verification of the IGRS web portal, no proceedings have been initiated for the deletion of the petitioners’ properties from the list of prohibited properties. It is contended that similarly situated persons whose lands are also located in the same survey number have approached this Court by way of Writ Petition in W.P.No.7192 of 2020 in respect of the same Survey Number, wherein this Court set aside the proceedings of the respondents keeping the properties in Sy.No.618/2 in the list of prohibited properties, and directed the respondents to remove the properties in Sy.No.618/2 from the list of prohibited properties, and granted liberty to the petitioners to make a comprehensive representation seeking deletion of the properties from the prohibited list by enclosing the copies of the sale deeds. It is contended that subsequently, another writ petition in W.P.No.1625 of 2021 was filed, and the same was allowed following the judgment in W.P.No.7192 of 2020. Learned counsel for the petitioners would contend that the proceedings of the Inspector Auditor, Waqfs, are without jurisdiction, having regard to the provisions of the Waqf Act and as well as Gazette notification of 1963 showing the Waqf Properties, which does not contain the subject property. He further places reliance on the Judgment of the erstwhile composite High Court in the case of Vinjamuri Rajagopalachari Vs. State of Andhra Pradesh. Thus, prays for a direction to pass appropriate orders in terms of order passed in W.P.No.7192 of 2020.

4. Learned Standing Counsel for the 2nd respondent would contend that in the earlier orders passed by this Court in W.P.No.7192 of 2020, appropriate facts were not placed before the Court. The order in W.P.No.7192 of 2020 was passed on the basis of incorrect facts placed before the Court in the counter affidavit. It is further contended that the said order was passed based on Tahsildar’s report to the Chief Executive Officer of the Waqf Board, and a survey report of 1963.

5. Considered the elaborate submissions advanced on behalf of the petitioners and the respondents.

6. A co-ordinate Bench of this Court allowed W.P.No.7192 of 2020, wherein it is observed that, “This Court after hearing both the learned counsel and perusing the records notices that there is a fundamental lacuna in the respondents' case. As per sections 4 and 5 of the Waqf Act, 1995, the procedure for identifying and including the property in the list is specified. Section 4 talks of a survey which has to be conducted. After the lands are identified as waqf property in the survey, publication is to be made in the official Gazette. Strict timelines are also prescribed for making this publication. It is only if these two conjoint conditions are fulfilled, namely a proper survey by the Survey Commissioner to identify the waqf and a publication in the official Gazette, can a property be said to be lawfully included in the list of waqf properties. Admittedly, in this case, the same is lacking. Even under the 1954 Act, the position was the same. In fact, the counter affidavit filed contains a clear admission, which clearly states that Sy.No.618/2 is not included in the survey as a waqf property. As per the counter even in the Gazette, only Sy.No.619 is shown as waqf property. The Gazette publication was on 02.05.1963. Till date, there is no change. This is a fundamental aspect of the matter. Admittedly, there is no Gazette publication showing that this property is waqf property.”

Accordingly, directed the respondents to delete the properties from the list of prohibited properties under Section 22 A of the Act.

7. Learned counsel for the petitioner further argued that the judgment of this Court in W.P.No.7192 of 2020 was carried in appeal, by Waqf Board by way of W.A.No.419 of 2023. The Division Bench has observed that unless property is declared as Waqf Board by Gazette Notification, enlisting the same under prohibitory category under Section 22 A of the Act, is illegal and without jurisdiction accordingly confirmed the order passed in W.P.No.7192 of 2020 and directed the respondents to remove the properties from the list of prohibited properties. In light of the observations made by the Division Bench in W.A.No.419 of 2023 filed by the Waqf Board, I am of the view that the issue raised in the instant case is squarely covered by the Division Bench Judgment in W.A.No.419 of 2023, upholding the order passed in W.P.No.7192 of 2020, since the subject property also forms part of the very same layout in the same survey number as that of the property in the above W.P.No.7192 of 2020.

8. The writ petition is accordingly allowed by setting aside the proceedings of the 4th respondent dated 16.03.2018 and the 2nd respondent dated 18.05.2018. The respondents are directed to pass appropriate proceedings to delete the subject properties from the list of prohibited properties under Section 22 A of the Act. There shall be no order as to costs.

As a sequel, interlocutory applications, pending if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:10.02.2026 ANI

THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION No.23490 of 2021

Date:10.02.2026

ANI