M.S. Ramachandra Rao, J.

1. The subject matter of these Writ Petitions is an extent of Acs.50.08 guntas in Survey Nos. 113 to 120 of Karmanghat Village, Saroornagar Mandal, Ranga Reddy District. The petitioners in the Writ Petitions contend that one Gosula Muthaiah was the cultivator in respect of Acs.25.04 gts in the above Survey numbers, and one Sama Narasimham were cultivating the balance extent of Acs.25.04 gts; that the Inamdar was one Late Mohd. Miskeen; that Mohd. Bikkan was one of his sons; was one Mohd. Bikkan; and that the rights of Gosula Muthaiah as protected tenant of the extent of Acs.25.04 guntas and Sama Yadi Reddy for the other extent of Acs.25.04 guntas was recognized under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950: and certificates were issued under that Act stating that they are Protected Tenants under Sections 34 and 35 thereof.

2. Gosula Muthiah and Sama Narasimham died. Petitioners in these Writ petitions are claiming through them. They will be referred to as Legal heirs of Protected Tenants Gosula Muthiah and Sama Narasimham.

The Notification under the Wakf Act and challenge thereto:

3. However, on the basis of an enquiry under Section 4(4) of the Wakf Act, 1954 by the Commissioner of Wakfs resulting in an enquiry report Dt. 07.08.1965, the State Government published File No. S-38/R.R/2006 Dt. 04.07.2006 in the A.P. Gazette vide notification No. 30 Dt. 27.07.2006 (for short, "Gazette No. 30 Dt. 27.7.2006") purporting to declare the above property as Wakf property. The said notification does not mention whether it is issued under the Wakf Act, 1954 or under the Wakf Act, 1995 which repealed the Wakf Act, 1954.

4. This notification is challenged by persons claiming through the Protected tenants Gosula Muthiah and Sama Narasimham in WP. Nos. 20868 of 2006, 20869 of 2006 and 20870 of 2006.

5. These Writ Petitions are opposed by the persons claiming through Mohd. Miskeen, the A.P. Wakf Board, and the State of Telangana, the successor to the erstwhile composite State of Andhra Pradesh. The former are represented by Sri Masood Khan and the latter two by the Special Government Pleader, Office of the Advocate General, State of Telangana.

The proceedings under the A.P. (Telangana Area) Abolition of Inams Act, 1955

6. The persons claiming through Gosula Muthiah and Sama Narasimham/Protected tenants filed applications under Section 7 of the A.P. (Telangana Area) Abolition of Inams Act, 1955 before the Revenue Divisional Officer, Ranga Reddy District. In proceedings in File No. J/4701/1987, J/4377/1995, J/4452/1995, J/4453/1995 and J/4454/1995, Dt. 08.05.1998 he held that they were not entitled to issuance of Occupancy Certificates under the said Act. He however observed that the classification of lands was changed from year to year without any valid orders; none of the parties have challenged the entries; legal heirs of protected tenants were in possession of the suit lands both on the date of vesting i.e., 20.07.1955 as well as the crucial date under the Act i.e., 01.11.1973 and also on the date of the enquiry by him; in view of the contradictions in the revenue records relating to the nature of the lands, the persons claiming through the protected tenants are not entitled to issue of Occupancy Certificates under the Act.

7. This was questioned by the legal heirs of the protected tenants Gosula Muthiah and Sama Narasimham before the Joint Collector II, Ranga Reddy District under Section 24 of the said Act. The said appeals were numbered as Case No. F1/4938/1998, F1/5148/1998.

8. Before him the above Gazette Notification No. 30 Dt. 27.07.2006 was produced by the A.P. State Wakf Board as well as persons claiming through Mohd. Miskeen. Placing reliance on this, he passed orders Dt. 07.11.2006 holding that the lands of Acs.50.08 guntas in Survey Nos. 113 to 120 of Karmanghat Village are Wakf properties and only an Institution can get Occupancy Rights certificate in view of provi