The Gazette Notification No.6-A dated 09.02.1989 was declared invalid for non-compliance with the Wakf Act, 1954, allowing petitioners to register their properties.

ORDER :

(N.V. Shravan Kumar, J.)

1. Since the issues involved in these writ petitions are similar they are being disposed of by this common order with the consent of both the learned counsel.

2. The facts and circumstances of the cases are noted from W.P.No.22379 of 2023 as a lead matter.

3. These writ petitions are filed by the petitioners with the following prayers:

W.P. No.22379 of 2023

"Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No.2 to 4 herein in not deleting the petitioners plots No.18 to 20, 48 to 52, 77 to 83 total admeasuring 2413 Yds in Sy.No.58 & 65 situated at Nadergul Village, presently Balapur Mandal, R.R. District from the prohibitory list maintained under Section 22(A) of the Registration Act, 1908 basing on the Gazette Notification No.6A, dt.09.02.1989 issued treating the Lands as Waqf Lands and the said Gazette was set-aside by this Hon'ble Court in WP. No.3895/2019 and in WA.No.318 of 2021 and batch and recently in W.P. No.16142/2023 dated 12.7.2023 and in W.P. No.18480/2023 dated 21.7.2023 is illegal, arbitrary, unreasonable and violation of Article 300-A of the Constitution of India and consequently direct the respondents Nos. 2 to 5 herein to delete the above lands from the Prohibitory list under Sec.22-A of Registration Act, 1908 and 2) to direct the Respondent No.5 to receive and process sale deeds for registrations in respect of the plots Nos. 18 to 20, 48 to 52, 77 to 83 total admeasuring 2413 in Sy.No.58 & 65 situated at Nadergul village, presently Balapur Mandal, R.R.District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

W.P. No.24321 of 2023

"Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No.5 herein in not entertaining registrations of the petitioner's plot Nos. 101 to 108 & 117 to 120 total admeasuring 1700 Sq.Yds., in Sy.No.58, 59 & 65 situated at Nadergul Village, presently Balapur Mandal, R.R. District relying on the Gazette Notification No.6A, dt.09.02.1989 issued declaring the Lands as Waqf Lands, which was set- aside by this Hon'ble Court (AIR 2002 AP 313) and further followed by this Hon'ble Court in WP.No.3895/2019 and WA.No.318 of 2021 and batch and recently in W.P. No.16142/2023 dated 12.7.2023 and in W.P. No.18480/2023 dated 21.7.2023 as being illegal, arbitrary, unreasonable and violation of Article 300-A of the Constitution of India and consequently direct the respondents No.5 to receive and process sale deeds presented for registrations in respect of the plots No.101 to 108 & 117 to 120 total admeasuring 1700 Sq.Yds., in Sy.No.58, 59 & 65 situated at Nadergul Village, presently Balapur Mandal, R.R. District, in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

W.P. No.24324 of 2023

"Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No.5 herein in not entertaining registrations of the petitioner's plot Nos. 121 to 138 total admeasuring 2956 Sq.Yds., in Sy.No.58, 59 & 65 situated at Nadergul Village, presently Balapur Mandal, R.R. District relying on the Gazette Notification No.6A, dt.09.02.1989 issued declaring the Lands as Waqf Lands, which was set- aside by this Hon'ble Court (AIR 2002 AP 313) and further followed by this Hon'ble Court in WP.No.3895/2019 and WA.No.318 of 2021 and batch and recently in W.P. No.16142/2023 dated 12.7.2023 and in W.P. No.18480/2023 dated 21.7.2023 as being illegal, arbitrary, unreasonable and violation of Article 300-A of the Constitution of India and consequently direct the respondents No.5 to receive and process the sale deed