High Court of Andhra Pradesh
SAMUDRALA GOVINDARAJULU
Srinivas Rao Kasbe & Others
Versus
State of AP. rep. by the Principal Secretary to the Department of Minorities Welfare & Wakf Board & Others
WRIT PETITION Nos.20293 & 29360 OF 2011
Decided On : 29-02-2012
B) PRECEDENTS:- Irrespective of whether it’s a ratio decidendi or an obiter dicta or whether the decision is handed over by Single Judge or Division Bench or Full Bench, a decision of Supreme Court is binding on all courts including the High Court. (Para 9)
C) WAKF ACT, 1995, Section 83 (1):- The words occurring in the Act any dispute, question or other matters relating to wakf of wakf property have a wide amplitude including all those proceedings that preceded the Notifications holding a property as wak property and hence no inferior court can look into any of those matters as this a special legislation overriding a general legislation. (Para 9)
1) The petitioners in W.P.No.20293 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of certiorari for quashing notification published at Serial No.30908 in supplement to Part II of the Andhra Pradesh Gazette No.36-A dated 04.09.2003 as illegal, arbitrary and violative of principles of natural justice. The said notification notified lands in S.Nos.626, 638, 639 and 640 of Chattanapally village, Farooq Nagar Mandal of Mahaboobnagar District as wakf property.
2) The petitioners in W.P.No.29360 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of Mandamus declaring notification published at Serial No.30982 in Supplement to Part II of Andhra Pradesh Gazette No.36-A, dated 04.09.2003 notifying lands measuring Ac.9-26 guntas in S.Nos.261, 289, 290, 291, 292, 293, 294, 318 and 667 of Yelikatta village, Farooq Nagar Mandal, Mahaboobnagar District as illegal, arbitrary, unconstitutional and violative of principles of natural justice and the Wakf Act, 1995 and to set aside the same.
3) It is contention of the petitioners in W.P.No.20293 of 2011 that the Revenue Divisional Officer, Mahaboobnagar issued order dated 06.06.2009 conferring ownership of rights for Ac.11.06 guntas in S.No.626, Ac.16-09 guntas in S.No.638, Ac.3-06 cents in S.No.639 and Ac.2-05 cents in S.No.640 totalling Ac.32-26 guntas in Chattanpally village in favour of the petitioners declaring shares of the petitioners in that land; and also issued ownership certificates under Section 38-E in Form-II of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (in short, the 1950 Act) read with Rule 5(1) of the Andhra Pradesh (Telangana Area) Protected Tenants (Transfer of Ownership of Lands) Rules, 1973. It is contention of the petitioners that the said lands are private patta lands of Late Ahmad Ali Siddiqui and that late Nadikudi Ramaiah was protected tenant in the said lands and his name was recorded as such in final tenancy register of the village prepared under the 1950 Act and that the petitioners 2 to 7 are the lineal descendants of late Nadikudi Ramaiah who continued to be protected tenants and who acquired right of ownership in the lands. It is their further contention that in pursuance of order dated 06.06.2009 of the Revenue Divisional Officer, Mahaboobnagar, the Tahsildar, Farooq Nagar Mandal by order dated 27.06.2009 transferred pattas for the lands in the names of the petitioners 2 to 7 and changed revenue records showing their possession of the said lands. In the year 2010, the 2nd petitioner sold Ac.2-01 Guntas of land in S.No.626 in favour of the 1st petitioner under three different sale deeds. It is the petitioners’ further contention that late Ahmed Ali Siddiqui filed declaration under the A.P. Agricultural Lands (Ceiling on Agricultural Holdings) Act, 1973 declaring the above facts. Finally, it is contention of the petitioners that Gazette notification dated 04.09.2003 is bad since it was given without any notice to the protected tenants who are in possession of the lands and without making any enquiry under the provisions of the Wakf Act, 1995.
4) It is contention of the petitioners in W.P.No.29360 of 2011 that late Mir Tahir Ali was the original owner of total of Ac.9-26 Guntas of land in S.Nos.261, 289, 290, 291, 292, 293, 294, 318 and 667 of Yelkatta village and that one Late Gunna Narayana and Late Gunna Chennaiah were the protected tenants of the said lands as per the tenancy register of the year 1950-51 till the year 1984-85 and that the petitioners 1 to 5 are lineal decendants of the original protected tenants and that Revenue Divisional Officer, Mahaboobnagar by his orders dated 12.07.1988 and 17.02.2003 issued certificates in Form-III under Section 7(1) and 10 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (in short, the 1955 Act) in favour of the petitioners 1, 2, 4 and 5 and husband of the 3rd petitioner and that their names w
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