IMPORTANT POINT
The main legal point established in the judgment is the dismissal of the Writ Petition challenging the Gazette Notification, with the court granting the petitioner liberty to raise objections before the Appellate Authority.

ORDER

Nagesh Bheemapaka, J. - Petitioner questions A.P. Gazette Notification No. 28-A, dated 13.07.2006 which included land in Survey Nos.95, 96, 97 and 98 at Sangala Village, Gadwal Mandal, Mahabubnagar District as waqf property, as illegal. Consequently, a direction is sought to the 1st respondent to dispose of the pending Appeal in File No. F2/IA-35/2010 filed by the 4th respondent against grant of Occupancy Rights Certificate (ORC) granted by the 2nd respondent in respect of the above land in favour of petitioner and his family members without being influenced by the Gazette Notification.

2. Petitioner and his brothers claim to be the absolute owners of the subject agriculture land. The land's historical classification as Kyrathi Inam is documented in Khasra Pahani 1954-55 and Sethwar 1334 Fasli. Gadwal Samasthan initially settled the land in favour of Abdul Khader, with subsequent sale to Pasha's family in 1994. In response to the nature of the land governed by the AP(TA) Abolition of Inams Act, 1955, Pasha and his family approached the 2nd respondent for an ORC.

It is stated that the 2nd respondent, after thorough inquiry and local inspection, on 19.02.2009 in file No. B / 5795 / 2000 granted ORC in favour of petitioner and his family members and the same was implemented in Revenue Records by recording their names as pattadars and possessors.

While so, the 4th respondent claiming to be Muthawalli of Dargah, filed an Appeal under Section 24(1) of the Abolition of Inams Act, 1955. Relying on Gazette Notification No. 28-A dated 13.07.2006, the 3rd respondent notified the land as Waqf Property. The 4th respondent seeks to annul the ORC based on this Notification. It is further stated that no enquiry was conducted by any authority as required under Sections 4(3) and 5(2) to include the above land in the list of Waqf.

It is asserted that the notification is illegal, against natural justice and contravenes the 1954 and the 1955 Act. Reference is made to legal precedents (W.P. No. 681/1997), indicating that notifications issued without due procedure were deemed illegal by the Hon'ble High Court. The Division Bench in Writ Appeal No. 745 of 2002 upheld the Single Judge's order. The Hon'ble Supreme Court dismissed the SLP against the Division Bench's judgment dated 21.03.2011.

3. One Syed Yaqoob Mohiuddin, who claims to be the Muthawalli of Dargah HZT Syed Shah Maroof Peer Quadri (RH) and its attached property situated at Sangal Village, Gadwal Mandal, Mahabubnagar District filed I.A.No. 1 of 2022 to implead himself as the 5th respondent to the Writ Petition. It is stated therein that himself and his brothers are absolute owners of the land in an extent of Acs.27.09 guntas in subject survey numbers at Sangala Village, Gadwal Mandal, Mahabubnagar District. Originally, the nature of the above land is being recorded as Kyrathi Inam in Khasra Pahani 1954-55 and also as per Sethwar 1334 Fasli. The Village Sangala is a Jagir Village under the Gadwal Samasthan and the said Samsthan have settled the above land in favour of one Abdul Khader as Inam land. After death of Abdul Khader, his grandsons namely Syed Abdul Haq Auadri and Abdul Kareem Quadri sold the said Inam land to petitioner and his family members in 1994.

It is stated that Munthakab No.70 of 1953 in file No.H/4518/A of RDO, Gadwal, lands bearing Survey Nos.1011, 1035, 1039 of Gadwal Village and present subject lands bearing Survey Nos. 95, 96, 97 and 98 of Sangala Village were permanently endowed in favour of Dargh Hzt. Syed Shah Maroof peer Quadri Rh. At Gadwal and in the said Munthakab it is clearly mentioned that the said lands are conditional Inam. As per Sethwar 1334 Fasli (1940 AD), subject lands are already mutated in the name of Maroof peer sahib (i.e. Dargah Hzt. Maroof peer Quadri) vide No.B/8176/61 of Tahsil Gadwal. These documents clearly shows that the subject lands having been endowed to Dargah, well prior to preparation of Khasra Pahani 1954-55 and recorded as such in g