Andhra Pradesh High Court
WP/36970/2022 of Katta Murahari Rao, Vs The State of Andhra Pradesh, on 30 December 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.36970 of 2022 Between:- Katta Murahari Rao & 2 others … Petitioners And The State of Andhra Pradesh, represented by its Principal Secretary, Department of Revenue (Registration),
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.36970 of 2022
Between:-
Katta Murahari Rao & 2 others
And
… Petitioners
The State of Andhra Pradesh, represented by its Principal Secretary, Department of Revenue (Registration), Secretariat, Velagapudi, Guntur District & 8 others.
… Respondents
Counsel for the Petitioners
: Mr.K.Jyothi Prasad
Counsel for the Respondents
: Learned Government Pleader for Stamps & Registration Stamps & Registration
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ORDER:
Mr.S.Arifullah, Learned Standing Counsel for Waqf Board Heard learned counsel for the petitioners. Also heard learned Assistant Government Pleader for Stamps & Registration and Mr.S.Arifullah, learned standing counsel for Waqf Board appearing for the respondents.
2. The present Writ Petition is filed aggrieved by the action of the respondents in including and continuing Sy.Nos.737/A1, 737/C3 & 738/A2 of Old Guntur, Guntur East Mandal, Guntur District in the Prohibited Properties List notified under Section 22-A(1)(c) of the Registration Act, 1908 mistakenly, not rectifying the same in spite of representation dated 08.09.2022, recommendations made by the Tahsildar videRc.No.100/2021-B, dated 18.05.2021, report of Inspector Auditor, Waqf Board dated 19.01.2019 and request of the District Revenue Officer/Waqf Officer vide F.No.677/Waqfs/Clarify/GNT/20 dated 09.06.2022 in spite of similar orders passed by this Court in W.P.No.26780 of 2021 dated 14.07.2022 and in not entertaining registration of any Conveyance Deed, not entertaining the registration of Conveyance Deed intend to make in respect of the lands covered under the said survey numbers, as illegal, arbitrary, violative of Articles 14 & 300-A of the Constitution of India and for a consequential direction to the respondents to delete the above said survey numbers from the Prohibited Properties List, receive, register and release the documents presented for registration, without any objection in respect of the above said survey numbers and to pass such other orders.
3. Though the learned counsel for the petitioners and Mr.Arifullah, learned standing counsel for Waqf Board sought to advance detailed arguments on the basis of averments in the Writ Petition and Counter Affidavit respectively, this Court having perused the material on record, including the order dated 14.07.2022 in W.P.No.26780 of 2021 passed by this Court, in similar circumstances, deems it appropriate to dispose of the Writ Petition, without going into the merits of the case, with a direction to the 7[th] respondent to consider the report submitted by the 8[th] respondent dated 19.01.2019 as well as the report dated 18.05.2021 of the 4[th] respondent/Tahsildar and send remarks to the 2[nd] respondent/District Collector, within a period of six (6) weeks from the date of receipt of a copy of this order. On receipt of such report from the 7[th] respondent, the 2[nd] respondent shall consider the same and pass appropriate orders, within a period of four (4) weeks thereafter. There shall be no order as to costs.
As a sequel, all pending applications shall stand closed.
________________________
JUSTICE NINALA JAYASURYA
IS
Date: 30.12.2022
IS
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WRIT PETITION No.36970 of 2022
Date: 30.12.2022