The Special Tribunal lacks authority to review orders set aside by a higher court; procedural violations render the Gazette Notification invalid under the Waqf Act.

ORDER :

T. Vinod Kumar, J.

Since, both the writ petitions are integrally connected and the petitioners are one and the same, are being disposed of by this Common Order.

2. W.P No.18633 of 2021, is filed under Article 226 of the Constitution of India, aggrieved by the order of the Special Tribunal dated 11.07.2021, with the following prayer viz.,

For the reasons mentioned above, it is most humbly prayed that this Hon'ble Court may be pleased to grant a Writ, Order or Direction, more particularly in the nature of Writ of Certiorari calling for records in Case No. F2/Spl Tribunal/0253/2021, before the Respondent No.2 i.e. Court of Special Tribunal, Nalgonda (Old Case No.F2/231/2019, before the Old Revenue Court, Additional Collector) and to quash the Order of the Respondent No.2 i.e. Court of Special Tribunal, Nalgonda, dated 11.07.2021 in Case No. F2/Spl Tribunal/0253/2021 (Old Case No.F2/231/2019, whereby the Court of Special Tribunal in utter violation of the Order passed by this Hon'ble High Court in W.P. No. 6840 of 2021, dated 16.04.2021, restored its earlier Order dated 15.02.2021, though the same was set aside by this Hon'ble High Court as being without jurisdiction, illegal, arbitrary and untenable in law apart from being voilative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently restore the Order of Revenue Divisional Officer, Nalgonda in case No.B/4062/2018, dated01.09.2018 and pass such other Order or Orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

3. W.P No.21210 of 2021 is filed under Article 226 of the Constitution of India, challenging the Gazette Notification dated 22.02.1990, with the following prayer viz.,

For the reasons mentioned above, it is most humbly prayed that this Hon'ble Court may be pleased to grant a Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus declaring the Andhra Pradesh Gazette bearing No. 8-A, Part 2, dated 22.02.1990 at Serial No.14505 and Page No.248 in respect of Survey No. 35 admeasuring Acres 1-22 Guntas equivalent to 7000 Sq. Yards situated in Nalgonda Town, Mandal and District as null and void on account of being issued in violation of the provisions of Waqf Act, 1995, being without jurisdiction, illegal, arbitrary and untenable in law apart from being voilative of Articles 14, 19, 21 and 300-A of Constitution of India and also the principles of natural justice and consequently to setaside the same along with all the actions taken in furtherance thereof and pass such other Order or Orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

4. The petitioners in Writ Petition No.18633 of 2021 are aggrieved by the order dated 11.07.2021, passed by the 2^nd respondent herein, which it is contended has been passed in violation of the order of this Court dated 16.04.2021 in W.P. No.6840 of 2021.

5. The petitioners in Writ Petition No.21210 of 2021 are aggrieved by the action of 1^st respondent in issuing the Gazette Notification dated 22.02.1990 in respect of the land in Sy No.35 admeasuring Ac.1-22 gts situated in Nalgonda town, as waqf land under the Waqf Act 1954 (for short ‘the Act’).

I. Case of the Petitioners:

6. It is contended by the petitioners that, originally the land in Sy No.35 admeasuring Ac.1-22 gts, situated at Nalgonda