IMPORTANT POINT
The court ruled that the inclusion of petitioners' land in the prohibition register was erroneous and directed rectification based on prior judicial decisions.

ORDER :

1. This application has been filed seeking to review the order dated 29.08.2023 passed in W.P. No. 18418 of 2020 by this Court on the ground that the learned Judge has traveled beyond the scope of the writ petition hence, there is an error apparent on the face of the record calling for review.

2. The learned Senior Counsel Sri E. Madan Mohan Rao appearing for the petitioners submitted that the petitioners holds more than Ac. 100.00 guntas of land in Sy. Nos. 32, 35, 42, to 46 70, 72 to 75, 78 to 80, 82 to 84 and 173 situated in Injapur village, Hayathnagar Mandal, Ranga Reddy District and their names have been recorded in the Revenue Records, including Dharani portal as owners and pattadars and they were already issued Occupancy Rights Certificate under the provisions of the Inams Abolition Act, vide Proceedings No. L/907/1986, dated.01.1989 to an extent of Acs. 90.00 guntas out of which, the subject matter of the writ petition relates to Acs. 24.29 guntas situated in Injapur village, which has been wrongly included under Section 22-A(1)(c) of the Registration Act, 1908, as per A.P. Gazette No. 6-A, dated 09.02.1989, which was already set aside in the case of B. Gowra Reddy vs. Government of Andhra Pradesh, AIR 2002 AP 313 on the ground that enquiry was not conducted as required under Section 4(3) of the Wakf Act.

3. It is further submitted that this Court in W.P. Nos. 5938 of 2006 and batch vide common order dated 11.02.2021 has held that the notification dated 09.02.1989 issued by the Waqf Board is one without jurisdiction and thereby was pleased to set aside the notification dated 09.02.1989. The same has also been confirmed by the Hon'ble Division Bench of this Court in W.A. No. 318 of 2021 vide common judgment dated 12.11.2021.

4. It is further submitted that in W.P. No. 42345 of 2017 and batch wherein challenged the 6-A notification dated 09.02.1989 issued by the State, insofar as it relates to the respective lands of the petitioners therein situated in different survey numbers of Injapur village, Hayath Nagar Mandal, Ranga Reddy District and this Court, while taking into consideration the Gowra Reddy's case allowed the writ petitions with the following direction:

“In view of the above settled principle of law as already laid down by this Court in the judgments mentioned above, the present writ petitions are also allowed and the impugned Gazetted notification No. 6-A dated 09.02.1989 is hereby set aside to the extent of the lands held by the petitioners and which are subject matter of the present writ petition only. Consequently, the registration authorities shall receive, process, register and release the deed of conveyance sought to be presented in respect of the subject lands.

Accordingly, all the writ petitions are allowed to the extent indicated above. However, this order does not in any way preclude the Wakf Board from asserting its right, title and interest before appropriate authority, without prejudices to the law of limitation.”

5. On behalf of the respondent No. 2, Waqf Board, counter affidavit has been filed, inter alia, stating that some of the writ petitioners have filed suit in O.S. No. 138 of 2012 renumbered as O.S. No. 484 of 2016 seeking for a relief to declare the Gazette notification No. 6-A dated 09.02.1989 as illegal and void to the extent of serial No. 2819 to an extent of Acs. 68.10 guntas + Acs. 7.38 guntas, which is pending on the file of Waqf Tribunal since 2012 when an efficacious relief is available to protect the lands covered under various survey numbers the writ petitioners would have sought for protection of their legitimate rights through the Tribunal constituted under Section 83 of the Waqf Act, 1995 as envisaged in O.S. No. 484 of 2016. It is further stated that the claim of the writ petitioners assailing the validity and correctness of Gazette notification is barred by limitation and earlier to that a survey has been conducted in respect of the claim of the properties by the Waqf sur