Andhra Pradesh High Court
WP/21114/2019 of B.Siva Nanda Vs The State of Andhra Pradesh, on 31 December 2019
T. RAJANI WRIT PETITION No.21114 OF 2019 ORDER: This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the speaking order vide File No.S-64/KNL/2019, dated 11.11.2019 issued by the 4th respondent, informing the petitioner to approach the A.P. Wakf Tribunal
SMT. JUSTICE T. RAJANI
WRIT PETITION No.21114 OF 2019
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ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the speaking order vide File No.S-64/KNL/2019, dated 11.11.2019 issued by the 4[th]respondent, informing the petitioner to approach the A.P. Wakf Tribunal for removing the petitioner’s land in survey No.662 to an extent of Acs.18.79 cents situated at Molagavalli Village, Alur Mandal, Kurnool District, from the prohibited list under Section 22-A(1)(c) of the Registration Act, 1908, as illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Revenue.
3. The counsel for the petitioner submits that inspite of the revenue records filed by the petitioner showing that the land in survey No.662 to an extent of Acs.18.79 cents is patta land, the 4[th]respondent by virtue of the impugned order informed the petitioner that it is Wakf Property by showing it in the prohibited list under Section 22-A(1)(c) of the Registration Act; hence, the same needs to be corrected by the respondents.
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.
4. Hence, in view of the same, there shall be a direction to the 4[th] respondent-CEO to make necessary correction with regard to survey No.662 to an extent of Acs.18.79 cents situated at Molagavalli Village, Alur Mandal, Kurnool District, as mentioned in the prohibited list, 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.
___________________ SMT T. RAJANI, J
December 31, 2019.
Note:(By order) YS
Dispatch order copy by 06.1.2020.