ORDER :

Heard Sri E.Madan Mohan Rao, the learned Senior Counsel appearing for the petitioners the learned Government Pleader for revenue for respondent Nos.1, 2, 4 and 5, and Sri Abu Akram, the learned Standing Counsel for respondent No.3-Wakf Board. With their consent, the Writ Petition is disposed of at the stage of admission.

2. This writ petition is filed questioning the action of the respondent in showing the land belonging to the petitioners, admeasuring Ac.9.00 guntas, in survey No.280, Maheshwaram Village and Mandal, Ranga Reddy District, in the webland register/prohibitory list as wakf land.

3. Learned Senior Counsel appearing for the petitioners has stated that the subject land is a private patta land and Certificate of Ownership under 38-E of the Andhra Pradesh (Teleangana Area) Tenancy and Agricultural Lands Act, 1950 (for short, the Tenancy Act), was issued in favour of the petitioners grandfather viz., Lakiya, way back on 31.07.1975. Learned Senior Counsel has drawn the attention of this Court to the Munthakhab, dated 14-10-2005, issued by the Wakf Boads, which shows that one Syed Jamaluddin appears to have created a Munthakhab in favour of the Wakf Board, on the basis of which, the subject property has been registered under Section 36 of the Waqf Act, 1955 (for short, ‘the Waqf Act’) and entered in the Book of Endowments at Page no.146, Sl.No.11. That except registering the said property, no notification has been issued till date. That by virtue of issuance of Section 38-E Certificate in favour of the grandfather of the petitioner, the said Jamaluddin has lost all his rights and interest over the subject property. Therefore the Munthakhab is not valid in the eye of law and the same has to be discarded. The learened Senior Counsel has stated that the pahani of the year 1950 shows the name of the pattadar as Mulla Baksh, and not the name of the said Jamaluddin. That the grandfather of the petitioners was recognised as protected tenant an was issued 38-E Certificate, and a the said 38-E Certificate has not been challenged. it has become final. That once 38E Certificate is issued in favour of a Protected Tenant, the same is conclusive poof of ownership not only against the pattadar but all the persons claiming through the pattadar. Moreover, as seen from the Munthakhab dated 14.10.2005, the said Munthakhab was created for the purpose of Islamic Social Service Society. But, in the letter dated 12.11.2010, addressed by the President of Islamic Social Service Society to the Collector, Ranga Reddy District, it is stated the Syed Jamaluddin donated the subject land to the Society for benefit of Muslim Maternity Hospital and that the Wakf Board has no power or authority to claim the subject property, as there is no publication of Notification in the official Gazette, as required under Section 5(2) of the Waqf Act. Therefore the Question of showing the subject land in the prohibitory properties list as wakf property cannot be countenanced either on facts or on question of law.

4. The learned Standing Counsel for the Wakf Board has stated that once the Munthakhab is created, the subject property will remain as wakf property forever and the writ petition is not maintainable. That the petitioners have to approach the Wakf Tribunal seeking declaration of title, but they cannot agitate their rights before this Court under Article 226 of the Constitution of India. Learned Standing Counsel has further stated that as per the provisions of the Tenancy Act, more particularly, Section 102(e) thereof, tenancy is not applicable to the wakfland, and therefore, the petitions cannot claim the subject land as tenancy land. Hence, the Sub-Registrar ha rightly refused to entertain the documents presented by the petitioner. That the writ petition is liable to be dismissed in limine and the petitioners have to be relegated to the Wakf Tribunal for redressal of their grievance. Unless and until the wakf deed, which is registered under Section 36 of