A.Veerabhadrarao vs. Andhra Pradesh State Wakf Board

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Ninala Jayasurya
Case Status:Disposed
Order Date:6 Sept 2022
CNR:APHC010392592022

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Ninala Jayasurya

Listed On:

6 Sept 2022

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.24152 of 2022

Between:

A.Veerabhadra Rao .... Petitioner

And

Andhra Pradesh State Wakf Board, Rep.by its Chief Executive Officer and Others.

<br>Respondents
Counsel for the Petitioner: Mr.R.S.Manidhar Pingali
Counsel for the Respondents: Mr.K.Asad Ahmad,<br>Standing Counsel for Wakf Board
G.P. for Revenue
G.P. for Stamps & Registration

ORDER:

Heard Mr.R.S.Manidhar Pingali, learned counsel for the petitioner and Mr.Asad Ahmad, leaner Standing Counsel for Wakf Board representing the respondents 1 and 2 and with their consent, the Writ Petition is disposed of at the stage of admission.

  1. The grievance of the petitioner in the present Writ Petition in short is with regard to the delay and inaction on the part of the respondents 1 and 2 in deleting the lands of petitioner in S.Nos.255/1A3, 256/1A, 257/1, 258/1, 259/1, 264/3 and 265/3 of

Vemuluru village, Kovvuru Mandal, from the category of Section 22(A)(1)(c) of Registration Act(for short 'the Act') inspite of directions issued by the respondent No.3 i.e., District Collector, East Godavari District, Rajamahendravaram.

  1. Referring to the various averments made in the affidavit filed in support of the Writ Petition, with regard to the claim of the petitioner in respect of the subject matter property and the Orders passed with reference to the same, the learned counsel draws the attention of this Court to the communication of the 3rd respondent dated 08.07.2022 addressed to the 2nd respondent, which is self explanatory. While setting out various aspects with regard to the lands in Survey Nos. 255/1A3, 256/1A, 257/1, 258/1, 259/1, 264/3 and 265/3 of Vemuluru village, Kovvuru Mandal, and taking into account the report submitted by the Revenue Divisional Officer, Kovvur Mandal, the District Collector/3rd respondent requested the 2nd respondent to take necessary action regarding deletion of the lands in the said survey numbers from Section 22-A(1)(c) of the Act, recorded under Waqf Board, duly following Rules in vogue.

  2. Learned counsel for the petitioner submits that despite the above communication/proceedings on the 3rd respondent, the

respondents 1 and 2 have been intentionally delaying the matter and their action is contrary to the guidelines set out by the High Court in W.A.No.343 of 2015 & batch. He also submits that due to inaction on the part of the respondents 1 and 2, the Registration Authorities are not entertaining any transactions in respect of the petitioner's lands situated in the above said survey numbers. Under the above said circumstances, he seeks appropriate directions from this Court.

  1. The learned Standing Counsel, on the other hand, while not disputing the said communication dated 08.07.2022 referred to above, submits that no action pursuant to the above said communication has been initiated so far. However, he submits that necessary action would be taken, if any time limit is stipulated by this Court.

  2. In the light of the submissions made, this Court deems it not necessary to examine the matter on merits and inclined to dispose of the same providing that respondent Nos.1 and 2 shall take necessary action on the letter addressed by the 3rd respondent-District Collector dated 08.07.2022, within a period of four (4) weeks from the date of receipt of copy of this Order and

3

communicate the same to the petitioner, under proper acknowledgment.

  1. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_____________________ NINALA JAYASURYA, J

Date: 06.09.2022 BLV

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.24152 of 2022

Date: 06.09.2022

BLV