THE HON’BLE SRI JUSTICE E.V.VENUGOPAL I.A.Nos.1 of 2022, 2 and 4 of 2023 In/And WRIT PETITION No.26994 OF 2021

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue a Writ order or orders, particularly one in the nature of Writ of Certiorari to call for the records pertaining to the impugned Order in Case No.B/Spl.Tribunal/Gajwel/39/2021 dated 30-07-2021 dismissing the appeal on the ground that the subject property is a Wakf Property is arbitrary, illegal and also in violation of provisions contemplated under Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 and new Act 2020 and quash the same and to pass any other order or orders…”

2. Heard Mr.Mohd. Asifuddin, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4, Mr.MD.Tameezuddin Ahmed, learned counsel for respondent No.5 and Mr.A.Najeeb Khan, learned counsel for proposed respondent No.6.

3. The brief facts of the case are that the petitioner is the owner of land admeasuring Acs.10-32 guntas in Survey No.766 situated at Gajwel Town and Mandal, Siddipet District (herein after called as ‘the subject property’); that the subject property consists of Acs.5-37 guntas out of Acs.10-32 guntas situated at Gajwel Village and Mandal; that the above said land is an Inam Land gifted by one Deshmukh Raja Uma Reddy to the petitioner’s great grandfather namely Syed Khader Pasha in the year 1908; that the same was reflected in Khasra Pahani and Sethwar from 1954 to 2005; that subsequently the petitioner’s grandfather Syed Shah Ali Peeran succeeded the same; that later, the petitioner’s father Syed Ahmed Pasha who worked as Urdu Typist in High Court of Andhra Pradesh, succeeded the property vide partition deed dated 27-04-1961 and obtained Acs.10-32 guntas of land out of Acs.17-00 guntas; that basing on the said partition the petitioner’s father was enjoying the same as absolute owner and his name was recorded in the revenue records; that thereupon, the petitioner along with his family members inherited the property pursuant to succession and a cheque bearing No.197477 dated 08-08-2010 was issued to him towards compensation of cultivation; that in the year 2005 some persons in collusion with the revenue officials changed the entries in revenue records without issuing any notice to the petitioner. Aggrieved thereby, the petitioner made an application to the revenue authorities seeking to delete the names of unknown persons and to rectify the record. Whileso, respondent No.5 taking advantage of his name by its close resemblance with that of the petitioner’s father, got mutated the subject land of Acs.5- 37 guntas out of Acs.10-32 guntas in his name; that on knowing about the same, the petitioner also filed an Appeal before respondent no.3 seeking to set aside the mutation in respect of schedule property in Sy.No.766 to an extent of land admeasuring Acs.5-37 guntas, to direct the official respondents to effect the rectification and restore the revenue entries bearing Appeal No. B/684/2020; that the respondent No.5 played fraud and thereby succeeded in getting the Rythu Bandhu and cheated the Government; that during the pendency of the Appeal the revenue Tribunals have emerged pursuant to G.O.Ms.No.4 Rev. (Assgn-1) department dated 12-01-2021. Thereupon, the same is transferred to respondent No.2 and renumbered as B/Spl.Tribunal/Gajwel/39/2021, wherein the Tribunal without issuing any notice to the petitioner passed the order dated 08-02-2021. Aggrieved by the same, the petitioner made an application for reopening the case in view of orders passed by this Court in W.P.(PIL).No 20 of 2021 along with the written arguments. Later, on 30-07-2021, the Tribunal had passed the impugned order without considering the written arguments submitted by the petitioner along with all the supporting doc