Andhra Pradesh High Court
WP/21151/2019 of Poondla Sivakumar Reddy, Vs The State of Andhra Pradesh, on 31 December 2019
T. RAJANI WRIT PETITION No.21151 OF 2019 ORDER: This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the 5th respondent in not removing survey Nos.480/1, 480/2, 532/3 (old survey No.1576/995), 537/1, 542, 536 and 619 situated at Nellore
SMT. JUSTICE T. RAJANI
WRIT PETITION No.21151 OF 2019
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ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the 5[th]respondent in not removing survey Nos.480/1, 480/2, 532/3 (old survey No.1576/995), 537/1, 542, 536 and 619 situated at Nellore Municipal area, to the extent of Acs.18.04 cents, part of the land belongs to the petitioners, which was declared as the land not belonged to Wakf Board by the High Court vide A.S.Nos.504, 1353 of 1996, 1228, 1240 of 1997 and 171 of 1998 dated 31.8.2007, thereafter dismissing the appeal by the apex Court vide SLP No.5580-5584/2008 and 19755-19759/2008 dated 05.1.2016, as illegal.
2. Heard the counsel for the petitioners and the Government Pleader for Revenue.
3. The counsel for the petitioners submits that the private property belonging to the petitioners covered by survey Nos.480/1, 480/2, 532/3 (old survey No.1576/995), 537/1, 542, 536 and 619 situated at Nellore Municipal area, was added in the prohibited list. He further submits that in that regard the petitioners filed application before the 2[nd] respondent–the District Collector, who in turn addressed a letter to the 5[th] respondent–Chief Executive Officer, Wakf Board, requesting him to make the modifications as requested in this writ petition and the matter is pending before the 5[th] respondent.
4. The counsel for the petitioners relies upon the Full Bench Judgment of the High Court of Judicature at Hyderabad in Vinjamuri Rajagopala Chary vs. State of Andhra Pradesh[1], wherein the Full Bench observed that the Secretary of the State Wakf Board, in case of Wakf Properties, has suo motu power to add to the list or delete from the list any property and/or to modify the list sent to the Registering Officer having jurisdiction over such property and also to the District Registrar, Deputy Inspector General or to Commissioner and Inspector General of Registration and Stamps. The Government Pleader, on the other hand, submits that no Wakf Board is functioning as on today.
5. Hence, in view of the same, there shall be a direction to 5[th]respondent-CEO to remove the lands covered by Nos.480/1, 480/2, 532/3 (old survey No.1576/995), 537/1, 542, 536 and 619 situated at Nellore Municipal area, mentioned in the prohibited list, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of.
As a sequel, miscellaneous petitions pending consideration if any in the writ petition shall stand closed.
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SMT T. RAJANI, J
December 31, 2019.
Note:Dispatch order copy by 06.1.2020. (By order) YS