HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 7567 OF 2022

O R D E R :

The 1^st petitioner claims ownership to agricultural land in Survey No.83 admeasuring Acs.3.00 at Kongarakhurd Village, Maheshwaram Mandal, Ranga Reddy District under a Memorandum of oral gift executed by his late father Mohd Khaja Khan, supported by the occupancy rights certificate dated 03.01.1998 under the provisons of the Telangana Abolition of Inams Act (for shor, ‘the Act’). The 2^nd petitioner similarly owns land in Survey No. 264, spanning Acs.9.14 guntas, in the same village and district, acquired via an occupancy rights certificate dated 17.03.1993. They have enjoyed uninterrupted possession of the land, as did their ancestors before them. It is stated, revenue records have consistently reflected petitioners as pattadars and possessors, with no challenges from either the Waqf Board or revenue authorities.

While so, at the request of petitioners, their land was converted from agricultural to non-agricultural use, however, when attempted to execute a sale deed, they encountered resistance from the Sub-Registrar's Office due to their property's inclusion in Gazette Notification No.6, dated 08.02.2007 part II Miscellaneous Notification, previously Notification issued in AP Gazette No.6-A, Hyderabad dated 09.02.1989 at Serial No.2151, which was issued under Section

5(2) of old Wakf Act, 1954, issued by the 2^nd respondent.

The action of the 2^nd respondent in labelling subject land as waqf in the Gazette Notification is deemed illegal, arbitrary, and unconstitutional, violating natural justice and violation of Articles 14, 21 and 300-A of Constitution of India. It is stated, in several judgments including Writ Petitions No.25076 of 2004 and 33133 of 2014, this Court had quashed similar notifications on the basis of the judgment in B. Gowra Reddy v. Government of Andhra Pradesh, [AIR 2002 AP 313], establishing precedence for petitioners' case. Hence the Writ Petition.

2. On 17.02.2022, while issuing rule nisi, this Court directed the Writ Petition to be posted along with Writ Petition No. 189 of 2022; having regard to the orders passed by this Court in B. Gowra Reddy’s case, suspended the impugned Gazette Notification and the official respondents were directed not to interfere with the possession of petitioners in respect of the subject lands.

3. The Writ Petition is dismissed as withdrawn as regards the 2^nd petitioner is concerned vide order dated

01.02.2024.

4. In the counter-affidavit filed on behalf of the 2nd respondent Waqf Board, it is stated by the Chief Executive Officer that petitioners claim ownership based on their long- standing possession and issuance of Occupancy Rights Certificates (ORCs) vide proceedings No. 1/8886/1997, dated 03.01.1998 under the Abolition of Inams Act, 1955. The property in dispute including Survey Nos. 83 and 264 belongs to Dargah Hazrath Syed Shah Raju Kattal Hussaini Rh, constituting part of a vast extent of waqf. This respondent accuses petitioners of misrepresenting facts to acquire valuable waqf lands and secure interim orders, causing irreparable loss to Waqf Board and Dargah Hazrath Syed Raju Kattal Hussaini.

It is asserted by the 2nd respondent that the lands in question have historical significance as waqf property, backed by official records, such as Survey Commissioner Report, dated 18.07.2004, and confirms that Survey Nos. 2 to 400 of Kongara Khurd Village was granted to Dargah Hzt. Shah Raju Qattal Hussaini by Sultan Abul Hassan Tanasha in 1665 AD and later released by the Nizam in 1937 AD. The Nazim-e-Atiyat's judgment of November 13, 1961, declared the entire village as inam land, recorded in the revenue records through Jama Bandi in 1965-66. Based on these findings, an Addendum/Errata was issued on 08.02.2007 by the Board notifying the lands as Waqf and incorporating them into Waqf Register.

It is stated, D. Hzt. Syed Shah Raju Khattal Hussaini, as notified in the A.P. Gazette on 09.02.1989, encompassing