Andhra Pradesh High Court - Amravati
Pinjari Umar vs The State Of Andhra Pradesh on 9 August, 2024
APHC010343182024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
FRIDAY ,THE NINTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 17521/2024
Between:
1. PINJARI UMAR, XFC
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, A.P.
SECRETARIAT,AMARAVATHI.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, MINORITY WELFARE DEPARTMENT, A.P.
SECRETARIAT, AMARAVATHI.
3. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.
4. THE COMMISSIONER AND INSPECTOR GENERAL OF
REGISTRATION AND STAMPS, VIJAYAWADA, KRISHNA DISTRICT,
ANDHRA PRADESH
5. THE ANDHRA PRADESH STATE WAQF BOARD, VIJAYAWADA, NTR
DISTRICT, REP.BY ITS CHIEF EXECUTIVE OFFICER.
6. THE INSPECTOR AUDITOR WAQFS, COLLECTORATE COMPOUND,
KURNOOL, KURNOOL DISTRICT.
7. THE TAHSILDAR, KALLUR MANDAL, KURNOOL DISTRICT.
2
8. THE DISTRICT REGISTRAR, KURNOOL, KURNOOL DISTRICT
9. THE SUBREGISTRAR, KURNOOL, KURNOOL DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. K V RAGHU VEER
Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE
2. GP FOR REGISTRATION AND STAMPS
The Court made the following:
ORAL ORDER:
Heard Sri K.V.Raghu Veer, learned Counsel for the Petitioners and Sri
Arjun Chowdary, learned Assistant Government Pleader and Sri Shaik Khaja
Basha, learned Assistant Standing Counsel for Andhra Pradesh State Waqf
Board for Respondent Nos.5 & 6.
2. Learned Counsel for the Petitioners submits that the Respondent Nos.5
& 6 have suddenly dawned upon the property of the Petitioners and attempted
to dispossess them by placing reliance on the proceedings of the Waqf Board
dated 17.03.2021 (Ex.P2) and 23.03.2021 (Ex.P1).
3. On perusal of the said documents, it is noticed by this Court that the
proceeding relate to land situated in Sy.No.524 of Kallur Village and Mandal of
Kurnool District.
4. Learned Counsel for the Petitioners has drawn the attention of this
Court to a Judgment of this Court in W.P.no.22405 of 2020 dated 16.09.2021
(Ex.P9). He would submit that the prayer in the said Writ Petition itself would
indicate that an extent of Ac.10.64 cents in Sy.No.524 in Kullur Village and
Mandal, Kurnool District was the subject matter of the lis therein and that the
learned Single Judge of this Court had disposed of the said Writ Petition by
declaring the action of the Respondent No.4 therein (Sub-Registrar) as illegal
and had further directed the Sub-Registrar to receive and register the
document in accordance with law pertaining to the land to an extent of Ac.3.24
cents in Sy.No.524 of Kallur Village and Mandal.
5. It is further submitted by the learned Counsel for the Petitioners that this
order has been challenged by the Respondent - Waqf Board with a delay of
428 days and the same is still pending bearing W.A.No. 247 of 2023. It is also
submitted by the learned Counsel for the Petitioners that this Court had
disposed of another Writ Petition bearing W.P.No.4594 of 2022 on 26.08.2022
(Ex.P10) by placing reliance on the order passed in W.P.No.22405 of 2020
dated 16.09.2021.
6. It is further submitted that this order dated 26.08.2022 in W.P.No.4594
of 2022 was assailed before the Division Bench in W.A.No.27 of 2024.
I.A.No.2 of 2024 in W.A.No.27 of 2024 is filed for condonation of delay of 229
days. Division Bench of this Hon'ble Court vide order dated 12.03.2024 was
pleased to dismiss I.A.No.2 of 2024 and consequently, the said Writ Appeal is
also dismissed (Ex.P12).
7. Learned Counsel for the Petitioners has also drawn the attention of this
Court to another Writ Proceeding in W.P.No.39113 of 2022. This Writ
Proceeding is filed by one of the plot owners, who is similarly situated as that
of the present Writ Petitioners, had filed this Writ Petition challenging the
interference by Respondent No.6 therein namely the Waqf Board, in
interfering with the peaceful possession and enjoyment of the property of the
Petitioners therein. This Court, after placing reliance on the decision in
W.P.No.22405 of 2020 dated 16.09.2021 was pleased to direct the
Respondents not to interfere with the peaceful possession and enjoyment vide
order dated 08.12.2022 (Ex.P11).
8. Having regard to the facts mentioned above, this Court, prima facie, is
of the opinion that the balance of convenience lies in favour of the Writ
Petitioners. Accordingly, the impugned proceeding dated 17.03.202 (Ex.P2)
and 23.03.2021 (Ex.P1) issued by Respondent No.4 shall remain suspended
until further orders.
9. Learned Counsel for the Petitioners submits there are several matters
pending relating to the disputes involving Sy.No.524 of Kallur Village and
Mandal, Kurnool District. While W.P.No.39113 of 2022 being one of them,
other connected Writ Petitions are W.P.Nos.39151, 39152, 39247, 39119,
39115, 39113, 39094, 39093 of 2022.
10. In this view of the matter, tag this Writ Petition with W.P.Nos.39151 of
2022 and batch.
11. Registry is directed to place these Writ Petitions before the Hon'ble The
Chief Justice for allocation of appropriate bench.
12. In W.P.No.17521 of 2024, let Counter Affidavit be filed within four
weeks. Two weeks thereafter for filing Rejoinder, if any.
_________________________________
GANNAMANENIRAMAKRISHNA PRASAD, J
Dt: 09.08.2024
VTS
