K E Jagadeesh Kumar vs. The Andhra Pradesh Wakf Board

Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Unknown Status
Order Date:10 Jul 2023
CNR:APHC010323072023

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Order Issued After Hearing

Purpose:

Admission(Wakf Board)

Before:

Hon'ble Ravi Cheemalapati

Listed On:

10 Jul 2023

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Order Text

(SHOW CAUSE NOTICE BEFORE ADIVIISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV (SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TENTH DAY OF JULY TWO THOUSAND AND ll^/ENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.I 16645 OF 2023

Betwee n :

    1. K. E. Jagadeesh Kumar, Aged about 52 years, s/a. Late K.E. Yella Goud, R/o. Flat No. 107, A-Block, Gandhi Towers, Kurnool city, Kurnool District, Andhra Pradesh.
    1. K. E. Swapna, Aged about 41 years, w/o. K.E. Jagadeesha Kumar, R/o. Flat No. 107, A-Block, GandhI' Towers, KurnooI City, Kurnool Djstr,'ct, Andhra Pradesh.
    1. K.I. Durga Arjun, Aged about 19 years, s/o. K.E. Jagadeesha Kumar, R/o. FIat No. 107, A-Block, Gandhi Towers, Kurnool city, Kurnool DistrI'Ct, Andhra Pradesh

....Petitioner

AND

    1. The Andhra pradesh wakf Board, Represented by its chief Executl've officer, Kaleswara Rao Market, vijayawada-520001, Andhra pradesh.
    1. The Commissioner and Inspector General of Stamps and Registration, state ofAndhra pradesh, Andhra pradesh.
  • COtto The District collector, Kurnool District, Andhra pradesh.
  • The Sub-Registrar, Kurnool, Kurnool Dl'strI-Ct, Andhra pradesh.
  • The State ofAndhra pradesh, Represented by its principal secretary, Revenue Department, secretariat Bul'ldings, velagapudi, AmaravathI', Guntur District.

...Respondents

WHEREAS the Petitioner above named through theI'r Advocate sri Al'shwarya Nagula, pre.sented this petition under Article 226 of the constl-tutl-on of India prayI-ng that Ion the clrCumStanCeS Stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one I'n the nature of Wrl't of Mandamus declaring the proceedings F.No.01/Prot/Ap/Gent/2016 Dt.16-ll-2016 issued by the lst Respondent wakf board includI'ng the Sy. No. 62 of Kurnool Distrl'ct in the annexure of prohl-bitory List as illegal, I'rregular, arbI'trary and violative of princI-PleS Of natural J'uStice in view of the addendum notjfjcatI'On Dt.26.03.2009 published in Andhra Pradesh Gazeife Dt.07.05.2009 including sy. No. 62 of KurnooI District being set aside by the orders of this Hon'ble court dated o3.05.2023 in W.P. No. 15452 of 2016 and consequently direct the 4th Respondent to entertain the regI'StratI'On Of documents presented by the petl'tl'oners for registration of the property lan Sy.No.62, Kurnool District ;

AND WHEREAS the High Court upon perusing the petjt'lon and affidavit filed herein and upon hearing the arguments of Sri Aishwarya Nagula, Advocate for the Petitioner, Sri Mohammad Gayasuddin, Standing Counsel for respondent No.1, learned GP FOR REGISTRATION AND STAMS for respondent Nos.2 & 4 and learned GP FOR REVENUE for respondent Nos.3 & 5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

iiiiiiiiiE

    1. The Chief Executive Officer, The Andhra Pradesh Wakf Board, Kaleswara Rao Market, Vijayawada-520001, Andhra Pradesh.
    1. The Comml'ssl'oner and Inspector General of Stamps and Registration, State of Andhra Pradesh, Andhra Pradesh.
    1. The District Collectorl KurnooI District, Andhra Pradesh.
    1. The Sub-Registrar, Kurnool, KurnooI District, Andhra Pradesh.
    1. The Principal Secretary, The State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 17.07.2023, on 'Which date the case stands POSted for hearing.

The Court made the following ORDER:

'INotice before admission.

Sri Mohammad Gayasuddin, learned Standing Counsel for Waqf Board, takes notice for R1.

Learned Government PIeader for Registration and Stamps, takes notice forR2 & R4.

Learned Government PIeader for Revenue, takes notice for R3 a R5.

Post on 17.07.2023, in the motion list."

sd/- M, SRINIVAS /ITRUE COPY// ASSISTANT#§STRAR SECTION OFFICER

I_-_--------i-----l-=--`--.-l-_ -_

For

To,

    1. The Chief Executive Officer, The Andhra Pradesh Wakf Board, Kaleswara Rao Market, Vijayawada-520001, Andhra 'Pradesh.
    1. The Commissioner and Inspector General of Stamps and Registration, State of Andhra Pradesh, Andhra Pradesh.
    1. The District Collector, KurnooI District, Andhra Pradesh.
    1. The Sub-Registrar, KurnooI, Kurnoo, District, Andhra Pradesh.
    1. The Principal secretary, The State ofAndhra Pradesh, Revenue Departnent, Secretariat Bulldings, velagapudi, Amaravathi, Guntur District.
  • (Addressees Nos.1 to 5 by RPAD_ along with a copy ofpetitl'on and affldavI't) 6. One CC to SRI. AISHWARYA NAGULAAdvocate [OPUC]

    1. Cine CC to Srl' Mohammad Gayasuddin, Standl'ng Counsel [OPUC]
    1. Two CCs to GP FOR REVENUE, High Court ofAndhra Pradesh. [ouT]
    1. Two CCs to GP FOR REGISTRATION AND STAMPS, HI-gh Court ofAndhra Pradesh. [OUT]
    1. One spare copy

KJ

--- - ---I / / /

HIGH COURT

RC,J

DATED : 10/07/2023

POST ON 17/07/2023 lN THE MOTION LIST

NOTICE BEFORE ADMISSION

WP.No.16645 of 2023

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