Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
B.Gowra Reddy - Appellant
Versus
Government Of A.P.Revenue Department,hyderabad - Respondent
Decided On : 01-04-02
Andhra Pradesh Inams abolition Act, 1955 – Section 141 – Challenge – Properties - Financial agencies - Land possessed by them - Hence they seek declaration to that extent it is also their case that they have purchased land from valid source viz by obtaining occupancy certificates which were issued after conducting enquiry by revenue Divisional Officer in which the original tenant namely son of was also a party who gave no objection before authority – Held, Accordingly it is set aside as far as petitioners are concerned - So far as relief for quashing proceedings pending before appellate authority Inams Abolition Act is concerned court not inclined to do so - It is open for the parties to agitate their respective rights before the appropriate authority - parties in these matters, nothing has been established to sustain contention that enquiry was conducted as required section 4 (3) of Act - In such a situation it cannot be said that impugned notification is binding on petitioners and accordingly petitioners are entitled to challenge same as it is illegal and not enforceable as far as petitioners are concerned. Accordingly – Petition allowed
( 1 ) ALL the learned Counsel agreed that these three Writ Petitions can be disposed of together; therefore, they are being disposed of by this common order.
( 2 ) WRIT Petition Nos. 12275 of 1993 and 681 of 1997 are filed by the individual- purchasers, while Writ Petition No. 25392 of 1996 is filed by Sri Lakshmi Narasimha swamy Colony Residents Association, the members of which are also the purchasers. The challenge is made to the notification issued by the Wakf Board, which was gazetted on 9-2-1989 insofar as it relates to the properties at serial No. 2900 at page 225.
( 3 ) IT is the case of the petitioners that one Mir Abbas All Khan was the inamdar and mr. Rangiah was the cultivating tenant in respect of lands in S. Nos. 141,143,144 and 145 situate at Meerpet village. After the andhra Pradesh (Telangana Area) Inams abolition Act, 1955 came into force, the cultivating tenants acquired occupancy rights. The petitioners in Writ Petition Nos. 12275 of 1993 and 681 of 1997 had purchased total extent of Acres 22. 19 in the year 1972. The petitioners are only concerned with the land situate in S. No. 141 (old) corresponding to new S. No. 143 of meerpet village from Mr. Lakshmaiah s/o Rangaiah. After purchase, the lands were also exempted from the provisions of the Urban Land Ceiling Act and the government issued exemption under section 21 of the Act. The petitioners also obtained occupancy certificates from the revenue Divisional Officer in 1980 after due enquiry. In the enquiry the legal representatives of original tenants were examined and they consented for grant of occupancy certificates in favour of the petitioner-purchasers. Therefore, the land was converted into plots after obtaining permission of the Gram Panchayat and plots were sold to various persons. Some of the plots were purchased by the Members of Sri Laxminarasimha Swamy Colony residents Association (petitioner in Writ petition No. 25392 of 1996) under registered sale deeds by obtaining loans from the central and State Governments and other financial agencies. They have constructed houses long back. While so, the Managing committee of the Mosque filed the suit in o. S. No. 1385 of 1992 on the file of the munsif Magistrate, East and North, Ranga reddy District for permanent injunction against the petitioner in Writ Petition no. 12275 of 1993, stating that the property in question is a wakf property and that it was notified in the Gazette on 9-2-1989. At that point of time, the petitioner in Writ petition No. 12275 of 1993 came to know that the property in question was notified and, therefore, he filed the Writ Petition challenging the notification made by the wakf Board and published in the Gazette on 9-2-1989. Similarly the other two writ petitions have been filed challenging the same notification.
( 4 ) IT is the case of the petitioners that even though the Managing Committee of the Mosque filed the suit, the same was dismissed for default. But, we are not concerned with the suit filed by the managing Committee.
( 5 ) THE petitioners submit that the notification as issued is in contravention of sections 4 to 6 of the Wakf Act, 1954 (hereinafter referred to as the Act ) and therefore, it is illegal and not binding on them to the extent of the land possessed by them. Hence, they seek declaration to that extent. It is also their case that they have purchased the land from valid source, viz. , by obtaining occupancy certificates, which were issued after conducting enquiry by the revenue Divisional Officer, in which the original tenant, namely, the son of Rangaiah was also a party, who gave no objection before the authority. Therefore, they submit that they are the legal owners of the land in question and the Wakf Board has no authority or power to issue the impugned notification. Even otherwise, such a notification is invalid in law inasmuch as neither the original owner nor the petitioners were put on notice before issuing the impugned Notificat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.