The main legal point established is that disputes relating to wakf properties should be filed before the Wakf Tribunal and not entertained by the High Court under Article 226 of the Constitution of India.

ORDER

The petitioners in W.P.No.20293 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of certiorari for quashing notification published at Serial No.30908 in supplement to Part II of the Andhra Pradesh Gazette No.36-A dated 04.09.2003 as illegal, arbitrary and violative of principles of natural justice. The said notification notified lands in S.Nos.626, 638, 639 and 640 of Chattanapally village, Farooq Nagar Mandal of Mahaboobnagar District as wakf property.

2) The petitioners in W.P.No.29360 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of Mandamus declaring notification published at Serial No.30982 in Supplement to Part II of Andhra Pradesh Gazette No.36-A, dated 04.09.2003 notifying lands measuring Ac.9-26 guntas in S.Nos.261, 289, 290, 291, 292, 293, 294, 318 and 667 of Yelikatta village, Farooq Nagar Mandal, Mahaboobnagar District as illegal, arbitrary, unconstitutional and violative of principles of natural justice and the Wakf Act, 1995 and to set aside the same.

3) It is contention of the petitioners in W.P.No.20293 of 2011 that the Revenue Divisional Officer, Mahaboobnagar issued order dated 06.06.2009 conferring ownership of rights for Ac.11.06 guntas in S.No.626, Ac.16-09 guntas in S.No.638, Ac.3-06 cents in S.No.639 and Ac.2-05 cents in S.No.640 totalling Ac.32-26 guntas in Chattanpally village in favour of the petitioners declaring shares of the petitioners in that land; and also issued ownership certificates under Section 38-E in Form-II of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (in short, the 1950 Act) read with Rule 5(1) of the Andhra Pradesh (Telangana Area) Protected Tenants (Transfer of Ownership of Lands) Rules, 1973. It is contention of the petitioners that the said lands are private patta lands of Late Ahmad Ali Siddiqui and that late Nadikudi Ramaiah was protected tenant in the said lands and his name was recorded as such in final tenancy register of the village prepared under the 1950 Act and that the petitioners 2 to 7 are the lineal descendants of late Nadikudi Ramaiah who continued to be protected tenants and who acquired right of ownership in the lands. It is their further contention that in pursuance of order dated 06.06.2009 of the Revenue Divisional Officer, Mahaboobnagar, the Tahsildar, Farooq Nagar Mandal by order dated 27.06.2009 transferred pattas for the lands in the names of the petitioners 2 to 7 and changed revenue records showing their possession of the said lands. In the year 2010, the 2 ^nd petitioner sold Ac.2-01 Guntas of land in S.No.626 in favour of the 1st petitioner under three different sale deeds. It is the petitioners’ further contention that late Ahmed Ali Siddiqui filed declaration under the A.P. Agricultural Lands (Ceiling on Agricultural Holdings) Act, 1973 declaring the above facts. Finally, it is contention of the petitioners that Gazette notification dated 04.09.2003 is bad since it was given without any notice to the protected tenants who are in possession of the lands and without making any enquiry under the provisions of the Wakf Act, 1995. 4) It is contention of the petitioners in W.P.No.29360 of 2011 that late Mir Tahir Ali was the original owner of total of Ac.9-26 Guntas of land in S.Nos.261, 289, 290, 291, 292, 293, 294, 318 and 667 of Yelkatta village and that one Late Gunna Narayana and Late Gunna Chennaiah were the protected tenants of the said lands as per the tenancy register of the year 1950-51 till the year 1984-85 and that the petitioners 1 to 5 are lineal decendants of the original protected tenants and that Revenue Divisional Officer, Mahaboobnagar by his orders dated 12.07.1988 and 17.02.2003 issued certificates in Form-III under Section 7(1) and 10 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (in