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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *THE HONOURABLE SRI JUSTICE HARINATH.N +CIVIL REVISION PETITION NO: 5759 OF 2016 %29.12.2025 # Between:
1. DR. D.IBRAHIM KHAN, S/O. LATE A. AZIZ KHAN, AGED ABOUT
85OYEARS, OCCUPATION: MEDICAL PRACTITIONER, R/O. D.NO.12-2-
1168, BELLARY ROAD, RAYADURG, ANANTAPUR DISTRICT
22. D.AYUB KHAN, S/O.LATE D.IBRAHIM KHAN,AGED ABOUT 61 YEARS,OCC RETD.,EMPLOYEE, R/O.H.NO.12-2-168,MAIN ROAD,RAYADURG, ANANTAPUR DISTRICT.
33. SMT.S.FARZANA, W/O.LATE D.AFZAL KHAN,AGED ABOUT 56 YEARS,OCC HOUSE WIFE, R/O.H.NO.10-2-159/2,CHURCH AREA,RAYADURG,ANANTAPUR DISTRICT.
...PETITIONER(S)
AND
1. CHIEF EXECUTIVE OFFICER 2 OTHERS, A.P.STATE WAKF BOARD, HAJ HOUSE COMPLEX, OPPOSITE TO PUBLIC GARDEN, NAMPALLY ROAD, HYDERABAD.
2. D ABDUL WAHAB, S/O. D.SILAR SAHIB, AGED ABOUT 75 YEARS, OCC: RETD. EXECUTIVE ENGINEER, RESIDING ATRAYADURG, ANANTHAPUR DISTRICT.
3. ANDHRA PRADESH STATE WAKF TRIBUNAL, HYDERA BAD CITY CIVIL COURT, HYDERABAD PREMISES, PURANIHAVELI, HYDERABAD REPRESENTED BY ITS SECRETARY
4. R G MOHIDDIN KHAN, S/O R.G.HUSSAIN KHAN, AGED 45 YEARS, OCCUPATION BUSINESS, R/O.H.NO.12-02-171, BELLARY ROAD RAIDING, ANANTHAPUR DISTRICT-515865(A.P)
...RESPONDENT(S):
Counsel for the Petitioner(S):
1. SRINIVAS POLAVARAPU Counsel for the Respondent(S):
1. SHAIK KHAJA BASHA
2. KARRI MURALI KRISHNA
3. D V N ACHARYA
4. SODUM ANVESHA 5. M MEHDI HUSSAIN
6. A V SIVAIAH Gist:
>Head Note ? Cases referred
1. 1993 Supp (4) Supreme Court Cases 500
2. (1997) 1 Supreme Court Cases 203
3. AIR 2003 Supreme Court 2661
4. (2004) 2 Supreme Court Cases 362
5. AIR 2005 Supreme Court 2677
6. (2019) 14 Supreme Court Cases 568
7. AIR 1948 PC 76
8. Civil Appeal No.4988-4991 of 2000
9. 2019 (5) ALD 243 (SC)
10. (2017) 8 SCC 837
11. 2025 LawSuit (AP) 204 12. 2024 (6) ALD 126 (AP)
13. 2000 SCC OnLine AP 122 This Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *THE HONOURABLE SRI JUSTICE HARINATH.N + CIVIL REVISION PETITION No.5759 OF 2016 # Between:
1. DR. D.IBRAHIM KHAN, S/O. LATE A. AZIZ KHAN, AGED ABOUT
85OYEARS, OCCUPATION: MEDICAL PRACTITIONER, R/O. D.NO.12-2-168, BELLARY ROAD, RAYADURG, ANANTAPUR DISTRICT
2. D.AYUB KHAN, S/O.LATE D.IBRAHIM KHAN,AGED ABOUT 61 YEARS,OCC RETD.,EMPLOYEE, R/O.H.NO.12-2-168,MAIN ROAD,RAYADURG, ANANTAPUR DISTRICT.
3. SMT.S.FARZANA, W/O.LATE D.AFZAL KHAN,AGED ABOUT 56 YEARS,OCC HOUSE WIFE, R/O.H.NO.10-2-159/2,CHURCH AREA,RAYADURG,ANANTAPUR DISTRICT.
...PETITIONER(S)
AND
1. CHIEF EXECUTIVE OFFICER 2 OTHERS, A.P.STATE WAKF BOARD, HAJ HOUSE COMPLEX, OPPOSITE TO PUBLIC GARDEN, NAMPALLY ROAD, HYDERABAD.
2. D ABDUL WAHAB, S/O. D.SILAR SAHIB, AGED ABOUT 75 YEARS, OCC: RETD. EXECUTIVE ENGINEER, RESIDING ATRAYADURG, ANANTHAPUR DISTRICT.
3. ANDHRA PRADESH STATE WAKF TRIBUNAL, HYDERA BAD CITY CIVIL COURT, HYDERABAD PREMISES, PURANIHAVELI, HYDERABAD REPRESENTED BY ITS SECRETARY
4. R G MOHIDDIN KHAN, S/O R.G.HUSSAIN KHAN, AGED 45 YEARS, OCCUPATION BUSINESS, R/O.H.NO.12-02-171, BELLARY ROAD RAIDING, ANANTHAPUR DISTRICT-515865(A.P)
...RESPONDENT(S):
DATE OF ORDER PRONOUNCED : 29.12.2025 SUBMITTED FOR APPROVAL:
HON’BLE SRI JUSTICE HARINATH.N
1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No
2. Whether the copies of order may be marked to Law Reporters/Journals? Yes/No
3. Whether Your Lordships wish to see the fair copy of the order?
Yes/No ___________________ JUSTICE HARINATH.N APHC010052062016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]
(Special Original Jurisdiction)
MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 5759/2016 Between:
1. DR. D.IBRAHIM KHAN, S/O. LATE A. AZIZ KHAN, AGED ABOUT
85OYEARS, OCCUPATION: MEDICAL PRACTITIONER, R/O. D.NO.12-2-168, BELLARY ROAD, RAYADURG, ANANTAPUR DISTRICT
2. D.AYUB KHAN, S/O.LATE D.IBRAHIM KHAN,AGED ABOUT 61 YEARS,OCC RETD.,EMPLOYEE, R/O.H.NO.12-2-168,MAIN ROAD,RAYADURG, ANANTAPUR DISTRICT.
3. SMT.S.FARZANA, W/O.LATE D.AFZAL KHAN,AGED ABOUT 56 YEARS,OCC HOUSE WIFE, R/O.H.NO.10-2-159/2,CHURCH AREA,RAYADURG,ANANTAPUR DISTRICT.
...PETITIONER(S)
AND
1. CHIEF EXECUTIVE OFFICER 2 OTHERS, A.P.STATE WAKF BOARD, HAJ HOUSE COMPLEX, OPPOSITE TO PUBLIC GARDEN, NAMPALLY ROAD, HYDERABAD.
2. D ABDUL WAHAB, S/O. D.SILAR SAHIB, AGED ABOUT 75 YEARS, OCC: RETD. EXECUTIVE ENGINEER, RESIDING ATRAYADURG, ANANTHAPUR DISTRICT.
3. ANDHRA PRADESH STATE WAKF TRIBUNAL, HYDERA BAD CITY CIVIL COURT, HYDERABAD PREMISES, PURANIHAVELI, HYDERABAD REPRESENTED BY ITS SECRETARY
4. R G MOHIDDIN KHAN, S/O R.G.HUSSAIN KHAN, AGED 45 YEARS, OCCUPATION BUSINESS, R/O.H.NO.12-02-171, BELLARY ROAD RAIDING, ANANTHAPUR DISTRICT-515865(A.P)
...RESPONDENT(S):
Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toaggrieved by the Decree and Judgment passed in O.S No.45 of 2005 dt.01.09.2016 on the file of the Andhra Pradesh State Wakf Tribunal, Hyderabad.
IA NO: 1 OF 2016(CRPMP 7477 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings No.63/Port/ATP/97, dt.05.02.2005 of the 1st Respondent; pending disposal of the abvoe CRP.
IA NO: 1 OF 2017(CRPMP 5722 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim order passed in CRPMP No.7477/2016 in CRP No.5759/2016 dated 16.12.2016 IA NO: 2 OF 2017(CRPMP 8386 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim suspension order dated 16.12.2016 passed in CRPMP No.7477/2016 in CRP No.5759/2016 and dismiss the CRPMP IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the Dismiss for Default Order dated 18.12.2019 and Restore the CRP.No. 5759/2016 on its file and to pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to bring Sri. R.G.Mohiddin Khan as Respondent No.4 in C.R.P.No.5759 of 2016 as well in the all the I.As., being the Legal Representative of the deceased Respondent No.2 in the C.R.P. and to pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring Sri D.Ayub khan and smt. S.Fazana on record as petitioners 2 and 3 in CRP. 5759/2016 as well as in all the IAs being the legal representatives of the deceased petitioner no.1 in the above CRP.
Counsel for the Petitioner(S):
1. SRINIVAS POLAVARAPU Counsel for the Respondent(S):
1. SHAIK KHAJA BASHA
2. KARRI MURALI KRISHNA
3. D V N ACHARYA
4. SODUM ANVESHA 5. M MEHDI HUSSAIN
6. A V SIVAIAH The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.5759 OF 2016
ORDER:
1. The present Civil Revision Petition arises out of the order passed by the Andhra Pradesh State Waqf Tribunal in OS.No.45 of 2005, whereby the claim of the petitioner was rejected. The petitioner challenged the issuance of proceedings No.63/PROT/ATP/97, dated 05.02.2005, under Section 54(3) of the Waqf Act, 1995.
2. The Waqf Tribunal vide the impugned proceedings dated 05.02.2005 declared the petitioner to be in illegal possession of the Waqf properties to an extent of Ac.13.09 cents in RS.No.232 and called upon the petitioner to remove the encroachments and deliver vacant possession of the land to the Waqf Board within a period of 15 days from the date of receipt of the order.
3. Aggrieved by the said orders, the petitioner filed OS.No.45 of 2005, which was dismissed on 01.09.2016. The learned counsel appearing for the petitioner submits that the judgment of the Tribunal has not considered any of the issues raised by the petitioner and has been carried away by the submissions of the respondents. It is submitted that the title of the petitioner can be traced to 1830. It is submitted that the property was gifted by Amin Bibi in favour of her daughter vide a registered gift deed dated 08.10.1830.
4. It is submitted that the grandfather of the petitioner executed a registered lease deed dated 20.10.1987 in favour of Siddappa, S/o.Jaleti Appa and Jaleti Appa, S/o.Siddappa. It is submitted that the Commissioner of Survey of Waqfs issued a publication in AP Gazette on 28.06.1962 alleging the entire property admeasuring Ac.. 13.55 cents as a Waqf property belonging to the Bada Ashor Khana building, Raidurg. The name of the Muthavali was mentioned as Rahim Khan, S/o.Lathif Khan and three brothers. A subsequent amendment to the AP Gazettee Notification dated 28.06.1962 was published on 11.07.1968.
5. It is submitted that the petitioner’s paternal brother got issued a legal notice to the Waqf Board on 27.06.1968 and filed OS.No.92 of 1968 on the file of District Munsif, Raidurg for declaration. The said suit was decreed on 12.02.1976, and the decree and judgment became final. It is submitted that once the notifications of the Waqf Board were set aside, the Waqf Board cannot place reliance on the said notifications for claiming any title.
6. It is submitted that the plaintiff is a descendant of Davod Khan and a paternal cousin brother of Rahim Khan, who filed suit OS.No.92 of 1968. It is submitted that the suit filed by the paternal brother of the petitioner herein was decreed, and the petitioner and their family have perfected title over the same by adverse possession as well. It is submitted that the Tribunal has erred in not considering the same. It is submitted that the petitioner filed WP.No.3350 of 2001 challenging the appointment of the 2nd respondent as Muthavali of the Mosque. The writ petition was dismissed, and the WA.No.648 of 2005 was filed by the petitioner. The Hon’ble Division Bench of this Court disposed of the writ appeal, directing the appellant to approach the Tribunal. The learned counsel appearing for the petitioner submits that the Tribunal has discarded the judgment and decree passed in OS.No.92 of 1968, dated 12.02.1976, on the ground that the decree is an ex-parte decree. It is also submitted that OS.No.3 of 1981, filed by R.G.Sher Khan and M.Basheer Ahmad against the petitioner’s paternal brother, the Waqf Board, and Hussain Khan, was dismissed on 11.10.1992. The suit was filed seeking the relief of removing the 1st defendant from the office of Managership of Pedda Masjid as he is mismanaging the affairs of the Mosque. The learned Judge, while dismissing the suit, had held that the subject property was private property and the 1st defendant had asserted title over the same. It is submitted that the said judgment attained finality.
7. The learned counsel appearing for the petitioner also submits that the Tribunal has considered the order passed by this Court in WP.No.407 of 1968, whereby the petitioner therein
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