IMPORTANT POINT
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.

ORDER :

Anil Kumar Jukanti, J.

Mr. M. Rama Rao, learned counsel for the petitioners.

Mr. Abu Akram, learned Standing Counsel for respondent No.4 – Telangana State Waqf Board.

2. This writ petition is filed praying to grant the following relief:

“… to issue a proper writ order or orders, particularly one in the nature of Writ of Mandamus declaring that the Gazette Notification showing the suit lands being Sy.Nos.446(a), 449(a), 450(a), 458(a), 446(e), 449(e), 450(e), 458(e), 446, 448, 451, 450, 452, 449, 453, 454 and 455 total admeasuring to an extent of Ac.39.06 guntas published in Andhra Pradesh Nalgonda Gazette Supplement Part-I bearing No.7-A dated 15.02.1990 serial No.14029, Nalgonda District as a Waqf Land is arbitrary and illegal and against the principles of Natural Justice and the same may be set aside and also issue a direction to treat the above said lands as private lands and to pass any other order or orders…”

3. Brief facts:

Petitioners aver that they purchased agricultural land vide registered sale deed, dated 13.02.2007 (as evident from Ex.P.16 at Page No.63), in various survey numbers to an extent of Acs.7.17½ guntas from Pochampally Sudhakar Rao, an extent of Acs.5.08½ guntas from Pochampally Gayatri Rao, an extent of Acs.5.08½ guntas from Pochampally Upender Rao, an extent of Acs.5.11 guntas from Pochampally Janardhan Rao and an extent of Acs.16.05 guntas from Pochampally Srinivasa Rao.

3.1. Petitioners claim to have verified the title of their vendors passbooks and title deeds issued under the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter referred to as ‘ROR Act’), link documents, Occupancy Rights Certificate (ORC) issued under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (hereinafter referred to as ‘Inams Act, 1955’). After purchase, the petitioners were issued pattadar passbooks and title deeds under the ROR Act. It is further averred that in encumbrance certificate maintained by the Registration and Stamps Department, petitioners names and their vendors names were incorporated as purchasers and that they verified the pahanies for years 1955-58 in which the subject lands were shown as Inam lands until ORCs were issued in the year 1987.

3.2. It is averred that their vendors vendor and their vendors names were shown as pattadars and occupants in Faisal Patti the year 1987-88 and was mentioned as Inam land. It is further averred that their vendors vendor namely Shaik Jamel Saheb obtained ORC under Section 10 of Inams Act, 1955, issued on 22.07.1987 in Survey Nos.446, 448 to 455 and 458 for an extent of Acs.5.25 guntas, Acs.8.16 guntas and Acs.5.24 guntas. The petitioners intended to sell a portion of the subject land. Respondent No.2 (Sub-Registrar) refused to register the sale deed on the ground that the lands were waqf lands and cannot be alienated.

3.3. As per pleadings in the writ petition, a representation, dated 25.05.2009, was made to the Tahsildar by the petitioners who vide endorsement No.E/1029/2009, dated 28.05.2009, intimated the petitioners that subject lands for which ORCs were issued vide reference No.G/2439/1987, dated 22.07.1987, implemented in jamabandi, the A.P. Waqf Board made a claim over the lands through its office reference No.Waqf/RPT/14059/2007, dated 06.11.2007, and requested respondent No.2 not to allow any registration over the subject lands. It was further intimated to the petitioners that the Tahsildar is not the authority to decide the title and cancel the letter addressed by the Waqf Board to the SubRegistrar. It is further averred that respondent No.5 - Inspector, Auditor Waqf, Nalgonda, informed the Tahsildar vide letter, dated 12.11.2008, that the subject inam lands belong to Darga Hazarath Yaseen Sahib, situated at Iskilla Village and the subject lands were notified in Gazette as waqf lands vide serial No.14029 dated 15.02.1990.

3.4. It is also averred that representations were made to the Waqf authorities seeking information as to when the w