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2025:APHC:58973

APHC010039852020 Bench Sr.No:-11

IN THE HIGH COURT OF ANDHRA PRADESH

[3552]

AT AMARAVATI

WRIT APPEAL NO: 744 of 2021

The Ap State of Wakf Board ...Appellant

Vs.

Poondla Sivakumar Reddy and Others ...Respondent(s)

**********

Advocate for Appellant: Mr.SHAIK KHAJA BASHA

Advocate(s) for Respondent(s): GP FOR REVENUE,

Mr.JANARDHANA REDDY PONAKA,

Mr.SK KARIMULLA(SC FOR MINORITY F C)

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR

SRI JUSTICE CHALLA GUNARANJAN

DATE : 23^rd December 2025

JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan)

This writ appeal is preferred against order dated

31.12.2019 in W.P. No.21151 of 2019, by which learned Single

Judge issued directions to the 5^th respondent therein/writ

appellant to delete the lands to an extent of Acres 18.04 cents

covered by Survey Nos.480/1, 480/2, 532/3 (old survey

No.1576/995), 537/1, 542, 536 and 619 situated at Nellore

Municipal Area, from the prohibited list within a period of four

weeks thereof.

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W.A. No.744 of 2021

2. (a) Respondents 1 to 17 herein preferred writ petition

questioning the action of appellant herein in not deleting the lands

to an extent of Acres 18.04 cents, as mentioned above, from the

prohibited list, despite the said lands already being declared to be

not belong to Wakf Board by this Court in A.S. Nos.504 and 1353

of 1996 and A.S. Nos.1228 and 1240 of 1997 and A.S. No.171 of

1998, by decree and judgment dated 31.08.2007, which got

confirmed by Hon’ble Apex Court in S.L.P. Nos.5580-5584/2008

and 19755-19759/2008, vide order dated 05.01.2016, to be

illegal, arbitrary and unconstitutional.

(b) They claimed to be original owners and possessors of

aforesaid lands having acquired under various registered sale

deeds. That there was a civil suit in O.S. No.63 of 1976 instituted

on the file of learned Subordinate Judge, Nellore, which was

preferred by A.P. Wakf Board, Hyderabad, appellant herein,

seeking decree for delivery of possession, which came to be

allowed. However, in A.S. Nos.504 and 1353 of 1996 and A.S.

Nos.1228 and 1240 of 1997 and A.S. No.171 of 1998, by

judgment and decree dated 31.08.2007, this Court has reversed

the decree and judgment passed by the Civil Court and

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W.A. No.744 of 2021

eventually, the matter was carried in appeal to Hon’ble Apex

Court.

(c) In S.L.P. Nos.5580-5584/2008 and 19755-19759/2008, by

order dated 05.01.2016, the appeals came to be dismissed,

confirming the judgment in appeal suits. Despite the same, the

subject lands have been shown in prohibited list at the instance of

Wakf Board, in view of Section 22(A)(1)(c) of Registration Act,

1908. In that context, the writ petition came to be instituted

seeking for direction to delete the subject lands from the

prohibited list, enabling the writ petitioners to deal with the

property as they were rightful owners.

(d) Before the learned Single Judge, writ petitioners claimed

that though an application was made to the District Collector, who

in turn addressed letter to the 5^th respondent – Executive Officer,

Wakf Board, requesting to make necessary modifications, instead

of considering such request, the properties continued to be

shown in the prohibited list, despite the judgment and decree

passed by this Court in A.S. Nos.504 and 1353 of 1996 and A.S.

Nos.1228 and 1240 of 1997 and A.S. No.171 of 1998, which

ultimately held that the subject property does not belong to the

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W.A. No.744 of 2021

Wakf Board. Considering the same, the learned Single Judge

directed the Wakf Board to delete the subject lands from

prohibited list within a period of four weeks and accordingly,

disposed of the writ petition.

3. Heard Mr.P.Veera Reddy, learned Senior Counsel,

representing on behalf of Mr.Shaik Khaja Basha, learned counsel

for appellant on record and Mr.Janardhan Reddy Ponnaka,

learned counsel for respondents.

4. Learned Senior Counsel contended that learned Single

Judge, without even considering the submissions of counsel for

Wakf B