ORDER:

The petitioners challenge the proceedings F.No.01/Prot/AP/

Genl/2016 dated 16.11.2016 issued by the Chief Executive Officer of the A.P. State Wakf Board, Vijayawada / 5th respondent requesting the 2nd respondent to maintain among other properties, the land in an extent of Ac.20.75 cents in Sy.No.382 in the prohibited list of properties under Section 22A(1)(c) of the Registration Act, 1908 as it is a wakf property and seek for a direction to set aside the aforesaid proceedings of the 5th respondent insofar as petitioners’ property of 3630 sq. yards in Sy.No.382/1 (Old Sy.No.382) of Kallur Village &

Mandal, Kurnool District is concerned and for such other orders.

2. The petitioners’ case briefly is thus:

(a) The 1st petitioner is a construction company. The petitioners

2 to 7 are owners of 605 sq. yards each in Sy.No.382/1 of Kallur Village Ward No.76, Indira Gandhi Colony, Kurnool City which were acquired under different Sale Deeds as shown in the tabular form in the writ petition. The petitioners 2 to 7 gave the total extent of 3630 sq. yards which is a contiguous plot for development to the 1st petitioner under Development Agreement–cum–Irrevocable G.P.A. dated 14.02.2014 (Doc.No.1370/2014) for construction of residential flats on sharing purpose. Supplementary Agreement dated 16.12.2016 was entered into between both parties. The 1st petitioner obtained building permission vide proceedings in B.A.No.50/2014/G1 dated 06.03.2015 and completed the construction of residential flats and also obtained Occupancy certificate in the year 2018 and paying all the applicable statutory taxes for the residential flats.

(b) While so, the 1st petitioner sold one residential flat to third-

party and sought to register the Sale Deed before the 1st respondent. However, the 1st respondent refused to receive the document for registration on the ground that Sy.No.382 on which the residential flats are constructed is notified under Section 22A(1)(c) of the Registration Act, 1908 by the 5th respondent vide his proceedings in F.No.01/Prot/AP/Genl/2016 dated 16.11.2016 by referring to Gazette notification dated 24.10.1963, Gazette No.43-A, serial No.3142. The petitioners staunchly opposed the said notification of the 5th respondent as being arbitrary. They claimed that Sy.No.382 of Kallur Village is a Ryotwari patta land as per the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conservation into Ryotwari) Act, 1956 (for short, ‘the AP Inams Abolition Act, 1956’) vide proceedings in Rc.I.23/75 dated 28.04.1976 of the Inams Deputy Tahsildar (IDT), Kurnool and the petitioners are the successive purchasers from the ryots.

Hence, the writ petition.

3. The 5th respondent filed counter and opposed the writ petition inter alia contended thus:

(a) The subject lands were notified as wakf properties belonging to Jamia Mosque of Kallur Village & Mandal bearing Title Deed No.2713 corresponding No.382 over an extent of Ac.20.75 cents. As per Section 4(1) of the Wakf Act, 1954, the Government of A.P. appointed a Survey Commissioner to survey all wakf institutions and its attached properties which were in existence prior to the Act and also subsequently. The Survey Commissioner conducted enquiry on 26.04.1956 and sent a list of wakf properties situated in Kallur and other places. At the time of such enquiry, it was found a Mutawalli was managing the properties. A Mutawalli is only a care-taker and had no semblance of right whatsoever to alienate the wakf properties. In case he clandestinely alienated any properties, same can be recovered. Basing on the survey report, the Government of A.P. published a list of wakf properties in Gazette Part-II dated 24.10.1963 at serial No.3142. No one has challenged the said Gazette.

(b) While so, after independence the Government of A.P.

enacted the AP Inams Abolition Act, 1956 which mandated abolition of individual personal inams except inams stood in the name of religious and charitable institutions. Ryotwari patt