THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2345 OF 2021
['V R REDDY KOVVURI', 'GP', 'S ARIFULLAH SC', 'GP']
ORDER:
The issue in the present Writ Petition arises under the Wakf Act, 1995. Challenge in the present Writ Petition is to the Gazette Notification, issued by the Andhra Pradesh State Wakf Board, bearing No.43-A dated 24.10.1963, to the extent of the land admeasuring Acs.8.20 cents in Sy.No.357 of Gotur Village Fields, Valluru Mandal, Y.S.R. Kadapa District. The petitioners herein are the sons of one Late Chenna Munaiah and are the residents of Akshanthala Obayya Palli, Hamlet of Vallur Village and Mandal, Y.S.R.Kadapa District.
2. According to the pleadings available on record, the subject property originally belonged to one Late Sri Devara Chetty Veeraiah, who leased out the same in favour of one Sri Shaik Khadar Saheb by way of a registered lease deed dated 17.07.1935. It is further pleaded that on the basis of the longstanding possession, the sons of Late Shaik Khadar Saheb, viz., S/Sri Shaik Hussain Saheb and Naaguru Saheb, sold the subject land in favour of one Sri Lebaka Chinna Naga Subbaiah, vide registered sale deed bearing Doc.No.2328 of 1952 dated 26.05.1952. It is the further case of the petitioners herein that subsequently, the Inam Deputy Tahsildar, Kadapa, granted patta in favour of Lebaka Chinna Naga Subbaiah for the subject land and the revenue records also underwent mutations in favour of the said individual. It is also averred that the said Lebaka Chinna Naga Subbaiah sold the property in favour of one Sri Pottipati Yerikalamma, wife of Pottipati Subbaiah, and Pottipati Nagi Reddy, son of Pottipati Subbaiah, vide registered sale deed bearing Doc.No.2431 of 1975. According to the pleadings, the said Pottipati Nagi Reddy, who was the only son of Pottipati Yerikalamma and Pottipati Subbaiah, was unmarried and died and the said Yerikalamma and Subbaiay, thereafter, adopted the father of the petitioners, viz., Late Chenna Munaiah and thereafter the property continued to be in possession and enjoyment of the petitioners’ grand-mother till her demise and, in whose favour, there was also a mutation affected in the revenue record and the revenue authorities also issued pattedar passbooks and title deeds. It is further pleaded that the said Pottipati Yerikalamma executed a Will dated 05.06.2009, registered as Document No.1958 of 2009, and after the death of Smt. Pottipati Yerikalamma, the subject property came into possession of the father of the petitioners, Late Sri Chenna Munaiah. It is also the case of the petitioners herein that having recognized their possession and enjoyment over the subject lands, necessary mutation was also affected in favour of the father of the petitioners herein and the revenue authorities also issued pattedar passbooks and title deeds in favour of the father of the petitioners. It is further stated that subsequently after the demise of the father of the petitioners, the petitioners herein succeeded to the subject property and since then, they have been in possession and enjoyment of the property without there being any interference from anybody. It is also pleaded that in due recognition of their possession and enjoyment over the subject lands, necessary mutations have been affected in the revenue records and the revenue authorities also issued pattedar passbooks and title deeds in favour of the petitioners herein. In fact, copies of the pattedar passbooks and 1B Adangal copies are also filed along with the Writ Petition as material papers.
3. In the year 2018, complaining of illegal interference by respondent No.4, the petitioners herein filed Writ Petition No.3120 of 2018 before this Court, wherein the petitioners herein also questioned the action of respondent No.4 in erecting the caution board. It is also stated in the writ affidavit that this Court on 31.08.2018, passed an order, directing the respondents therein not to dispossess the petitioners therein without following due process of law.
4. The grievance of the petitioners in the present Writ Petition precisely is that despite all