The court determined that a 41-year delay in issuing a notification declaring land as wakf property was unreasonable, rendering it invalid, and affirmed that such matters could be addressed in writ petitions.

ORDER:

ALOK ARADHE, J.

These intra-court appeals emanate from the common order dated 24.03.2017 passed by the learned Single Judge by which the order dated 07.11.2006 passed by the Joint Collector, Ranga Reddy District has been set aside and the writ petitions have been allowed. In this order, the parties are referred to as per their rankings before the learned Single Judge.

(i) FACTS:

2. Facts giving rise to filing of these appeals briefly stated are that one Gosula Muthaiah and Sama Narasimham were in cultivating possession of land measuring Acs.25.04 guntas each of survey Nos.113 to 120 of Karmanghat Village, Saroornagar Mandal, Ranga Reddy District (hereinafter referred to as ‘subject land’). Late Mohd. Miskeen was the inamdar of the subject land and Mohd. Bikkan was one of the sons of aforesaid inamdar. The rights of aforesaid Gosula Muthaiah and Sama Yadi Reddy (hereinafter referred to as ‘protected tenants’) were recognized as protected tenants under Sections 34 and 35 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950.

3. On the basis of an enquiry report dated 07.08.1965 submitted by the Commissioner of Wakfs in an enquiry which was conducted under Section 4(4) of the Wakf Act, 1954, the State Government published a notification dated 27.07.2006 by which subject lands were declared as wakf property.

4. The aforesaid notification dated 27.07.2006 was subject matter of challenge in W.P.Nos.20868, 20869 and 20870 of 2006.

5. The legal heirs of the protected tenants filed an application under Section 7 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (hereinafter referred to as, ‘the 1955 Act’) before the Revenue Divisional Officer, who inter alia held that the legal heirs of protected tenants were in possession of the subject land on the date of vesting of the land i.e., 20.07.1955 as well as 01.11.1973. It was further held that the classification of the subject lands was changed from year to year without any valid orders. However, the Revenue Divisional Officer by order dated 08.05.1998 concluded that in view of the inconsistency of entries in the revenue records, with regard to the nature of the lands, the legal representatives of protected tenants are not entitled to occupancy rights certificate.

6. The aforesaid order passed by the Revenue Divisional Officer was questioned by the legal heirs of the protected tenants in an appeal under Section 24 of the 1955 Act before the Joint Collector. The Joint Collector by an order dated 07.11.2006 by placing reliance on the notification dated 27.07.2006 issued by the State Government inter alia held that the subject lands are wakf properties and only an institution can be granted occupancy rights certificate in view of the proviso to Section 4(1) of the 1955 Act and not individuals.

(ii) ORDER OF LEARNED SINGLE JUDGE:

7. The legal representatives of the protected tenants have questioned the order passed by the Joint Collector in W.P.Nos.24461, 24462, 24463 of 2006 and W.P.No.8140 of 2007. The learned Single Judge by an order dated 24.03.2017 inter alia held that the writ petitions are maintainable notwithstanding the alternative remedy. It was further held that common judgment in L.P.A. Nos.76 and 78 of 2000 and batch operates as res judicata and binds the Wakf Board and the legal heirs of late Mohd.Miskeen. The learned Single Judge set aside the order dated 07.11.2006 passed by the Joint Collector, Ranga Reddy District and remitted matter to the Revenue Divisional Officer, Ranga Reddy District to consider as to who amongst the petitioners in the writ petitions are entitled to occupancy rights certificate under the 1955 Act. It was directed that neither the Andhra Pradesh Wakf Board nor the legal heirs of the protected tenants shall be allowed to participate in the said proceedings and the proceedings shall be completed within a period