The main legal point established in the judgment is that the Original Gazette Notification of Wakf properties attains finality, and any subsequent Errata Notification issued after a long lapse of time is not sustainable in law.

ORDER :

Heard Mr. S.M. Subhani, learned counsel appearing for the petitioners. Also heard learned Government Pleader for Social Welfare and Mr. Shaik Kareemullah, Learned Standing Counsel appearing for the respective respondents.

2. The present Writ Petition is filed seeking to declare the Errata Notification published in the A.P. Gazette W.No.32 dated 13.08.2019 to the A.P. Gazette Notification No.43A, Supply, Part-II dated 24.10.1963 at Sl.No.3124 in Pages 30 & 31 under Column No.9 in so far as inclusion of the land in Sy.No.154 to an extent of Ac.4.00 cents and in Sy.No.155 to an extent of Ac.4.00 cents, totaling to Ac.8.00 cents of the petitioner No.1 and residential plots of petitioner Nos.2 to 8 situated in Munagalapadu Village, Kurnool Mandal, Kurnool District, as illegal, arbitrary, unconstitutional, without jurisdiction, contrary to the provisions of the Wakf Act and for a consequential direction to the respondents not to interfere with the ongoing constructions by the petitioner Nos.2 to 8 and pass such other orders as this Court deems fit.

3. Learned counsel for the petitioners referring to the averments made in the Writ Affidavit and various provisions of the Wakf Act, 1995, advanced elaborate arguments. He submits that the subject matter property of an extent of Ac.8.00 cents situated in Sy.Nos.154 and 155 of Munagalapadu Village was purchased by the petitioners through Registered Sale Deed document No.13471 of 2018 dated 23.10.2018. He submits that after obtaining necessary layout permission, the said land was divided into residential plots. He further submits that the petitioners 2 to 8 obtained building permissions from the Municipal Corporation, Kurnool, the details of which are set out in Paragraph No.6 of the Writ Affidavit. Learned counsel submits that when construction activity pursuant to the building permissions were undertaken, the officials of the 2nd respondent interfered with the same and on enquiry, the petitioners came to know about the issuance of the Errata Notification impugned in the present Writ Petition and with a great difficulty, the petitioners could secure a copy of the same. He submits that the petitioners are in valid peaceful possession and enjoyment of the subject matter property, having purchased the same for valuable consideration. He submits that without verification of the relevant revenue records as also the right, title and possession of the petitioners in respect of the property in question, the impugned Notification was issued contrary to the provisions of the Wakf Act, 1995.

4. In elaboration, with reference to the provisions of the said Act i.e., Section 4(1) etc., he submits that the State Government may by Notification in the Official Gazette, appoint a Survey Commissioner for the survey of the Wakf lands and after making such enquiries, the Survey Commissioner of Wakf may submit his report in respect of Auqaf existing at the date of commencement of the Act in the State or in part thereof to the State Government containing the relevant particulars of Auqaf and on receipt of the said report, the State Government will forward the same to the Wakf Board for publication of List of Auqaf, as contemplated under Section 5(1) of the Act and that the Wakf Board on examining the report forward it back to the Government, within a period of six (6) months, for publication in Official Gazette, as contemplated under Section 5(2) of the Act. He submits that Section 5(4) of the Act provides that the State Government shall maintain a record of the List published under Section 5(2) of the Act from time to time and under Section 5(3) of the Act, the revenue authorities shall include the List of Auqaf referred to in Section 5(2) of the Act, while updating the Land Records and shall also take into consideration the said List, while deciding the mutation in the Land Records.

5. The learned counsel for the petitioners further submits that the Notification published under Section 5(2) of the Act is fi