2007 Supreme(AP) 1052
Andhra Pradesh High Court
V. ESWARAIAH, J.
Dr. T.S.A. Guptha - Appellant
Versus
Joint Collector-II, Hyderabad and others - Respondent
WP No.20995 of 2007
Decided on: 22nd October, 2007
Advocate Appeared:
A. Ravinder Reddy, Government Pleader for Revenue, S.M. Subhani, (SC for Wakf Board)
Headnote:(A) A.P. (T.A.) abolition of Inams Act, 1955 – Section 4(1) - Any person other than Charitable or religious institution has been granted occupancy rights after amendment of the Act w.e.f. 26-12-1985. Such registration of ownership shall be deemed always to be null and void and no effect shall be given to such registration. (Para 8)
(B) Wakf Act, 1995 – Section 5 and 6 – Wakf Tribunal alone is entitled to decide with regard alone is legality and validity of notification as to whether property belongs to wakf or not. No built or other legal proceedings is maintainable. (Para 6)
Petitioner seeks a writ of mandamus to declare the action of the Revenue Divisional Officer/Special Grade Deputy Collector, East Division, Ranga Reddy District, in initiating proceedings for grant of occupancy right certificate in respect of lands in Sy.Nos.255, 258, 275/A, 292, 293, 299, 300, 301, 305 and 306 of Mamidipally Village, Saroomagar Mandal, Ranga Reddy District in favour of the Andhra Pradesh Wakf Board (for short 'Wakf Board') as illegal and arbitrary and to direct the Revenue Divisional Officer not to grant occupancy rights in favour of the Wakf Board or any other institution.
2. It is the case of the petitioner that he purchased land in an extent of Ac.2.00 cents in Sy.Nos.299 and 300 of Mamidipally Village, Saroomagar Mandal, vide registered sale deed dated 4.2.2006 from Smt. Sayeeda Zamrudh Begum W/o. Md. Fayyaz and others. The vendors of the petitioner have been granted occupancy right certificates and mutation was also effected duly recording their names. While so, against the grant of occupancy right certificates certain persons filed appeals under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act') before the Joint Collector, Ranga Reddy District. The first respondent held that as per the provisions of the Act the persons in occupation as on 1.11.1973 are entitled for occupancy rights certificate but on verification of the records a suo motu enquiry has been taken up under Section 24 of the Act and it was found that as per the notification published in supplement to Part II of the Andhra Pradesh Gazette No.6-A dated 9.2.1989 the properties was shown as wakf property at SI.Nos.29l0 and 2913 pertaining to the lands in the aforesaid survey numbers situated at Mamidipally Village, Saroomagar Mandal.
3. As per the amended Section 4(1) of the Act vide amendment Act 1994 the Inams held by or for the benefit of charitable and religious institutions no person shah be entitled to be registered as an occupant and the institution alone shall be entitled to be registered as an occupant. As per proviso to Section 4(1) of the Act any occupancy right certificate granted under the Act shall be deemed always to have been null and void and no effect shall be given to such registration. Accordingly, it is stated that the said lands are notified as wakf lands and the individuals are not entitled for occupancy rights in respect of the said lands but the religious institution alone is entitled for occupancy rights. Accordingly various occupancy right certificates issued by the Revenue Divisional Officer have been set aside by the Joint Collector by order dated 25.2.2006 vacating the stay orders granted earlier in case No.Fl/337/2005 and batch dated 31.3.2005.
4. The petitioner has not questioned the said order but pursuant to the said order it appears that the Wakf Board made an application seeking to issue occupancy right certificate under Section 4 read with 10 of the Act in respect of the said lands notified as wakf lands before the Revenue Divisional Officer and the RDO issued a notice in Lr.NoJ/557/2007 dated 4.5.2007 in Form-II as to why the occupancy rights certificate shall not be given in favour of the Chief Executive Officer, Andhra Pradesh Wakf Board.
5. Pursuant to the said notice dated 4.5.2007 some of the persons who have already got occupancy rights certificate filed W.P. No.17475 of 2007 and this Court dismissed the writ petition stating that it is open to the petitioners therein to file an appropriate application to get impleaded before the second respondent and if any such application is filed they may be heard before issuing occupancy rights certificate in favour of the third respondent - Wakf Board. Petitioner herein wants this Court to make similar observations in this writ petition also. The petitioner has not questioned the order of the Joint Collector setting aside the grant of occupancy rights certificate but only has the limited grievance to the extent