Andhra Pradesh High Court - Amravati
Chenna Sudhakar vs The State Of Andhra Pradesh on 1 February, 2021
Author: M.Ganga Rao
Bench: M.Ganga Rao
[ 2696 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI .°
MONDAY, THE FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 2345 OF 2021 ne
Between: So
1. Chenna Sudhakar, S/o. Late Chenna Munaiah, Aged about 47 years, Occ-
Agriculture R/o. D.No.9/12 B, Akshanthala Obayya Palli, H/o.Vallur Village, Vallur
Mandal, YSR District.
2. Chenna Muni Bhaskar, S/o. Late Chenna Munaiah, Aged about 42 years, Occ-
Agriculture R/o. D.No.9/12 B, Akshanthala Obayya Palli, H/o. Vallur Village,
Vallur Mandal, YSR District.
Petitioners
AND
4. The State of Andhra Pradesh, rep, by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Andhra Pradesh
2 The State of A.P. Wakf Board, 4" Floor, Imamdar Building, Kaleswara Rao
Market, Tarapet, Vijayawada, Krishna District rep., by its Chief Executive Officer,
The District Collector, Y.S.R.District. Kadapa.
The Thasildar, Valluru Mandal, Y.S.R District.
The Sub-Registrar, (Rural) Kadapa, Y.S.R District.
ak &
Respondents
WHEREAS the Petitioner above named through their Advocate SRI V R REDDY
KOVVURI presented this Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate Writ, Order or direction more particularly one in the
nature of Writ of Mandamus declaring Gazette Notification No.43-A, dated 24.10.1963
published by the respondent No.2 notifying the land in extent of Ac.8.20 cents in
Sy.No.357 of Gotur Village fields, Valluru Mandal, Y.S.R. District, belong to the
petitioners, as Wakf property and the consequential action of the respondent No.5 in
refusing to entertain the Sale Deeds for registration as arbitrary, illegal, contrary to the
provisions of the Wakf Act, 1995 and the Indian Registration Act, 1908, settled
principles of legal position apart from being violative of the fundamental and
Constitutional rights guaranteed to the petitioners under Articles, 14, 19, 21 and 300-A
of the Constitution of India and consequently direct the respondent No.5 to entertain the
Sale Deeds for registration for the land in extent of Ac.8.20 cents in Sy.No.357of Gotur
Village fields, Vallur Mandal, Y.S.R. District, belong to the petitioner, by setting aside the
Gazette notification No.43-A, dated 24.10.1963 issued by the respondent No.2
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri VR REDDY KOVVURI Advocate for the
Petitioner, and of GP FOR REVENUE for Respondents 3 and 5 and of SR! SHAIK
KARIMULLAH, Standing Counsel for 2" respondent and directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat Buildings, Velagapudi, Andhra Pradesh
2. The Chief Executive Officer, State of A.P. Wakf Board, 4" Floor, Imamdar
Building, Kaleswara Rao Market, Tarapet, Vijayawada, Krishna District,
3. The District Collector, Y.S.R.District. Kadapa.
4. The Thasildar, Valluru Mandal, Y.S.R District.
5. The Sub-Registrar, (Rural) Kadapa, Y.S.R District.
'are 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 15.02.2021, on
which date the case stands posted for hearing
The Court made the following:
ORDER:
"Notice before admission.
Sri Shaik Karimullah, learned standing counsel takes notice for the 2"
respondent and learned Assistant Government Pleader for Revenue (Registration and Stamps) takes notice for the respondents 3 & 5. They waive further notice and seek time to file counter.
Post on 15.02.2021".
CO asa Sd/- A. Surya Prakasa Rao DEPUTY BeSSTRS IITRUE COPY// For SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Andhra Pradesh
2. The Chief Executive Officer, State of A.P. Wakf Board, 4" Floor, Imamdar Building, Kaleswara Rao Market, Tarapet, Vijayawada, Krishna District, The District Collector, Y.S.R.District. Kadapa. . The Thasildar, Valluru Mandal, Y.S.R District. The Sub-Registrar, (Rural) Kadapa, Y.S.R District. (Addresses 1 to 5 by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI VR REDDY KOVVURI Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] One spare copy ako oN HIGH COURT MGRJ DATED:01/02/2021 POST ON 15.02.2021 NOTICE BEFORE ADMISSION WP.No.2345 of 2021