ORAL JUDGMENT

Dt: 25.07.2022 (per Prashant Kumar Mishra, CJ)

This intra-court appeal has been directed against the order dated

29.09.2021 passed by a learned single Judge in W.P.No.2345 of 2021 preferred by respondent Nos.1 and 2 herein challenging the Notification bearing No.43-A dated 24.10.1963 issued by the Andhra Pradesh State Wakf Board (appellant herein) notifying the land in an extent of Ac.8.20 cents in Sy.No.357 of Gotur Village fields, Valluru Mandal, Y.S.R. Kadapa District, as wakf property, and the consequential action of the Sub-Registrar, (Rural) Y.S.R. Kadapa District in refusing to entertain the sale deeds presented in respect of the said land for registration. By the order under appeal, the learned single Judge has allowed the writ petition with the following observations:

“For the aforesaid reasons and in view of the law laid down in the judgments referred to supra, the Notification bearing No.43-A dated 24.10.1963 to the extent of the subject lands, admeasuring Acs.8.20 cents in Sy.No.357 of Gotur Village Fields, Valluru Mandal, Y.S.R. Kadapa District, stands set aside. However, this order will not preclude the respondents from initiating action in accordance with the Wakf Act, 1995, if they are so advised, within a period of eight (8) weeks from the date of receipt of a copy of this order. If no action is initiated within the time stipulated above, it is open for the petitioners herein to present the documents before the Registering Authorities for consideration of the said documents in accordance with law and subject to compliance of all other statutory procedure or requirements. Initiation of the action, if any, done within the time stipulated above, shall be communicated to the Registering Authority also.”

2. In allowing the writ petition with the above observations, the leaned single Judge has followed the earlier decisions of this Court rendered in similar circumstances, particularly, the decision of a Coordinate Bench of this Court in S.M. Ibrahim v. Chief Executive Officer, A.P. State Wakf Board, Hyderabad, reported in 2020 (4) ALD 433 (AP) (DB), wherein similar Notification issued by the Wakf Board has been set aside with the following observations at paragraph Nos.34 and 35:

“34. In view of our foregoing discussion, we find that the errata notification dated 26.4.2008 impugned in this writ petition is hereby set aside with a liberty to conduct necessary enquiry affording an opportunity to this petitioner before registering the property in Sy.No.18/1 of an extent of Acs.3.70 cents of Nagarajupalli Village as wakf by issuing notification and decide the objections if any, raised by the petitioner, on receipt of notice during the enquiry.

35. In the result, the writ petition is allowed, setting aside the errata notification dated 26.4.2008 published in A.P Gazette No.20 Part-II, dated 15.5.2008, by declaring the same as illegal. However, liberty is granted o the Wakf Board i.e. respondent Nos.1 and 2 herein, to conduct necessary enquiry under Section 4 of the Act, 1995 and take appropriate action under Section 5 of the Act if necessary, before registering the property in dispute as wakf and the observations made hereinabove with regard to the title to the property will have no bearing. The Enquiry Officer appointed under Section 4 of the Act, is directed to dispose of the objections, if any, filed by this petitioner, uninfluenced by the observations or findings if any, recorded hereinabove.”

3. In another decision of a single Bench of this Court in B. Gowra Reddy (deceased by L.Rs.) and others v. Government of Andhra Pradesh, reported in AIR 2002 AP 313, another similar Notification issued by the Wakf Board has also been set aside on the ground that no notice was issued to the petitioners therein during the course of enquiry under Section 4 of the Wakf Act by the Survey Commissioner and, thus, the statutory requirement under the provisions of the said Act has not been complied with.

4. In course of hearing o