IMPORTANT POINT
The petitioner must have locus standi and satisfy the definition of 'person interested' as provided under Clause (k) of Sec. 3 of the Waqf Act, 1995 to file a Writ Petition.

JUDGMENT

1. The petitioner herein, claims to be an interested person in the Waqf properties, filed the present Writ Petition stating that the lands admeasuring Acs.197.32 gts., situated in Sy.Nos.78/1 to 78/21 of Saidapur Village, Kondapur Mandal, Sanga Reddy District, are under the management of Dargah Hazrath Bande Shah and the said properties were notified as Waqf properties at Sl.No.20106 of the Andhra Pradesh Gazette No.48-A, dtd. 29/11/2001 and respondent No.5 is entertaining registration of Sale Deeds in favour of third parties in respect of the said lands.

2. The petitioner also claims to have submitted a representation, dtd. 11/1/2016, to respondent No.5 alleging encroachment of the said lands by third parties and respondent No.4 had issued proceedings, dtd. 11/2/2016, directing respondent No.5 to conduct a detailed enquiry into the matter. The petitioner also claims to have got issued a legal notice to respondent No.5 to correct the entries in the Revenue records thereby deleting the names of unauthorized persons and respondent No.5 stated to have issued a reply bearing letter No.B/182/2018, dtd. 17/4/2019, stating that the entries were updated during Land Records Updation Programme in the name of Waqf. It is also stated that the said registrations were made in favour of third parties i.e., M/s. Green Rich Retreat LLP and the name of the said Company was also updated on Dharani Portal vide Khata No.60360 and 60361. By stating as above, the petitioner approached this Court questioning the action of respondent No.5 in entertaining the registration of documents in respect of the subject lands in favour of third parties.

3. A co-ordinate Bench of this Court, having entertained the Writ Petition by an order, dtd. 6/7/2023, directed respondent Nos.3 to 5 not to execute any Sale Deeds in respect of the subject lands. Respondent No.7 herein got itself impleaded by filing an application and also filed a vacate petition seeking vacation of the interim order.

4. Learned counsel for the petitioner contended that the subject property is already notified as a Waqf property by way of Gazette Notification issued under Sec. 5 of the Waqf Act, 1995 (for short 'the Act, 1995') and the same is also included in the list of Prohibited Properties and as such, respondent No.5 is not entitled to entertain any registrations of the documents in respect of the subject property. He also contended that in yet another Writ Petition filed by some third parties in Writ Petition No.23442 of 2020 an interim order was passed directing both the parties therein to maintain status quo in respect of the subject lands in all respects and the said interim order is still in force. It is further contended that in terms of G.O.Ms.No.15, Minorities Welfare (Establishment.1) Department, dtd. 22/9/2020, respondent No.5 is not entitled to entertain registrations in respect of the subject property.

5. On the other hand, Sri N.Sreedhar Reddy, learned counsel appearing for respondent No.7, contended that the subject lands were vested with the State on Abolition of Inams under the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act, 1955') and in terms of the provisions of the Act, 1955, the Occupancy Rights Certificate were issued in favour of third parties by the Revenue Divisional Officer and the said Occupancy Rights Certificate were confirmed by the Appellate authorities. According to him, the Occupancy Rights Certificate have become final and so long as the said Occupancy Rights Certificate are in force, any claim that is made in respect of the subject lands as Waqf properties is not sustainable. He further contended that the very same Gazette Notification, dtd. 29/11/2001, under which the subject lands are sought to be treated as Waqf properties, was already suspended by this Court in a batch of Writ Petitions including Writ Petition No.20081 of 2022, by an order, dtd. 26/4/2022. He also contended that the petitioner