Dagada Indiramma, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8102 AP

     IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

         THE HON'BLE SRI JUSTICE NINALA JAYASURYA

                WRIT PETITION NO.34962 of 2022

Between:-

Dagada Indiramma                                  .....          Petitioner
                                       And

The State of Andhra Pradesh,
represented by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Amaravathi,
Guntur District & 5 others.                       .....         Respondents

Counsel for the Petitioner         : Mr.Challa Siva Sankar
Counsel for the Respondents        : Learned Government Pleader for
                                     Revenue

                                       Mr.Shaik Kareemullah, Learned
                                       Standing Counsel for Waqf Board.

ORDER:

Heard the learned counsel for the petitioner. Also heard learned

Assistant Government Pleader for Revenue appearing for the

respondents 4 & 5 and Mr.Shaik Kareemullah, learned Standing

Counsel appearing for the 6th respondent-Waqf Board.

2. The present Writ Petition is filed seeking to declare the action of

the respondent authorities in not taking appropriate action on the

petitioner's Mee Seva Application dated 14.09.2022 as also subsequent

Representation dated 26.09.2022 seeking to delete subject matter land from the Prohibited Property List, as illegal, arbitrary, unjust as also

violative of A.P. Rights in Land and Pattadar Pass Books Act, 1971 and

for a consequential direction to the respondents to consider and pass

appropriate orders on the petitioner's Application dated 14.09.2022 in

terms of the Judgment & Decree in O.S.No.39 of 1969 dated

24.02.1970 on the file of the Learned Additional Subordinate Judge,

Kurnool as also the Proceedings in Rc.F/234/2007 dated 24.06.2008,

issued by the 3rd respondent/Revenue Divisional Officer.

3. The learned counsel for the petitioner though raised several

contentions in the Writ Petition, inter alia, submits that as the

petitioner's application for deleting the subject matter land from the

Prohibited Property List despite the Judgment and Decree in

O.S.No.39 of 1969 dated 24.02.1970 has not been considered by the

concerned authorities in terms of G.O.Ms.No.300 dated 05.07.2016, the

petitioner is constrained to approach this Court. He submits that due to

inaction on the part of the respondents, the petitioner is deprived of his

valuable property and his rights guaranteed under Articles 14 and

300-A of the Constitution of India are infringed. He accordingly submits

that a direction may be issued to the respondents to take necessary

action on the petitioner's Application dated 14.09.2022 by fixing

a time limit.

4. The learned Assistant Government Pleader for Revenue on the

basis of the instructions received by him from the

4th respondent/Tahsildar dated 31.10.2022 submits that in terms of the

Judgment of the erstwhile Combined High Court of Judicature at

Hyderabad for the State of Telangana and the State of Andhra Pradesh

in W.A.No.343 of 2014 dated 23.12.2015 in respect of Waqf properties,

an application has to be made to the competent authority i.e, the Chief

Executive Officer of the Waqf Board for deletion of the entries from the

Prohibited Property List. He submits that the petitioner appears to have

not made any application to the concerned authority, in respect of his

grievance and therefore no relief as sought for against the Revenue

authorities may be granted.

5. This Court has considered the submissions made and perused

the material on record. It is not in dispute that in terms of the decision

in W.A.No.343 of 2015, the petitioner has to approach the concerned

authorities i.e., Waqf Board for the redressal of his grievance i.e., with

regard to deletion of his land from the Prohibited Category under

Section 22-A of the Registration Act, 1908.

6. In view of the above stated position, the Writ Petition is disposed

of giving liberty to the petitioner to approach the 6th respondent by

making an appropriate application for deletion of the subject matter

land from the Prohibited Category of Property List, within a period of

three (3) weeks, from the date of receipt of copy of this order.

On receipt of such application, the 6th respondent shall consider the

same, in accordance with Law and pass appropriate orders after giving

due opportunity to the petitioner, within a period of eight (8) weeks,

from the date of receipt of the application. There shall be no order as

to costs.

As a sequel, miscellaneous applications, if any pending shall

stand closed.

___________________________ JUSTICE NINALA JAYASURYA Date: 31.10.2022

Note: Issue CC tomorrow (B/o) IS THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO.34962 of 2022

Date: 31.10.2022

Note: Issue CC tomorrow (B/o) IS