1. This Civil Revision Petition is filed against the Order and Decree dated 31-08-2007 passed in A.S.No.2 of 2005 on the file of the Andhra Pradesh Wakf Tribunal, Hyderabad, wherein the Tribunal set aside the order passed by the Collector and District Magistrate, Kurnool vide Rc.E8/1471/1999, dated 16-02-2004.

2. Brief facts, which are necessary for disposal of this revision petition, are as follows:

The revision petitioner-A.P State Wakf Board issued notices dated 22-08-2002 to the respondents under Section 51 of the Wakf Act, 1995 calling for explanation stating that the land in question i.e., Acs.58-76 cents in Sy.Nos.125 & 127, situated at Sirugupuram Village, Halaharvi Mandal of Kurnool District as Wakf land. The respondents submitted a detailed reply dated 02-09-2002 to the notices by enclosing relevant copies of documents, including the photo copies of Judgment and Decree in O.S.No.11 of 1969. The Collector and District Magistrate, Kurnool issued proceedings vide Rc.E8/1471/99, dated 16-02-2004, calling upon the respondents to deliver the possession of the said land. Aggrieved by the said proceedings, the respondents filed A.S.No.2 of 2005 before the A.P. State Wakf Tribunal stating that respondent No.1 and ancestors of respondent Nos.2 to 9 were purchased the subject land, admeasuring Acs.58-76 cents in Sy.Nos.125 and 127, situated at Sirugupuram Village, Halaharvi Mandal of Kurnool District, under a registered sale deed No.912/53, dated 27-04-1953, which was registered in the Office of Sub-Registrar Ballari of Karnataka State. Prior to purchase, the 1st respondent and ancestors of other respondents are the tenants. From the date of purchase, they have become absolute owners and possessors of the land. It is also stated by the respondents that the said land is also mutated in the name of the respondents under the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Pattedar Pass books are also in their favour. The revision petitioner herein filed O.S.No.11 of 1969 on the file of the Subordinate Judge, Adoni for declaration of title and recovery of possession against the respondents. The 1st respondent and the ancestral respondents contested the suit and the suit was dismissed holding that the said land is not Wakf land by way of Judgment and Decree dated 25-08-1970. Basing on the same, A.S.No.2 of 2005 was allowed by order dated 31-08-2007 by setting aside the proceedings dated 16-02-2004 issued by the Collector & District Magistrate. Aggrieved by the same, the present Civil Revision Petition is filed by the A.P.State Wakf Board.

3. Heard learned Standing Counsel for the petitioner-A.P. State Wakf Board and learned counsel for the respondents.

4. Sri M.A. Mukeedh, learned counsel for the petitioner-Board submits that just because, the petitioner has lost O.S.No.11 of 1969 filed by it for declaration of title and recovery of possession, the same cannot curtail the statutory power of the revision petitioner available to him under Section 52 (2) of the Wakf Act, 1995. It is also contended that as per Section 54 of the Act, a survey was conducted and as per Section 55 of the Act, Gazette Notification, dated 02-05-1969 was issued stating that the subject land is the Wakf land. He also contends that any person aggrieved by the Gazette Notification can challenge the same under Section 7 (1) of the Act and till now the said notification is not challenged by anyone. He also contends that adverse possession cannot be claimed against Wakf Board. He also contends that the plea of res judicata has no application to this case. He placed reliance on the Judgment of the Supreme Curt reported in Sayyed Ali and others v. A.P. Wakf Board, Hyderabad and others (AIR 1998 SUPREME COURT 972) and Allauddin Charities and Zakath Wakf v. Hameed Ali and others (2002 (1) ALD 67 (DB)).

5. On the other hand, Sri L. Prabhakar Reddy, learned counsel for the respondents contends that the Wakf Board filed O.S.No.11