The inclusion of land in a Waqf Gazette notification without adhering to the mandatory survey and procedural requirements of the Waqf Act is arbitrary and liable to be set aside.

:ORDER:

This writ petition is filed seeking to issue a Writ of Mandamus to declaring the action of the respondent No.3 in including the petitioners land total admeasuring Ac.2.02 gts in Sy.Nos.829, 830 and 831 in situated at Toopran Village and Mandal Medak District in Gazette Notification No.46-A dated 20.12.2001 treating the above lands as Waqf land and reflecting the same in the Dharani Portal without conducting any survey and not following any procedure laid down under the Waqf Act 1995 as illegal and arbitrary and for consequential relief.

2. Heard Sri Narendar Jalli, learned Counsel for the petitioners, Sri Farhan Azam Khan, learned Standing Counsel for Wakf Board and learned Assistant Government Pleader for Revenue.

3. Learned Counsel for the petitioners submitted that in similar facts and circumstances, a learned Single Judge of the erstwhile High Court of Andhra Pradesh, in WP.No.33133 of 2014, vide order dated 22.09.2016, set aside the Gazette Notification, dated 15.11.2001, holding that the survey conducted under Section 4 of the Wakf Act, 1954, is not saved under Section 112(2) of the Wakf Act 1995. It is further submitted that aggrieved by the said order, the Wakf Board preferred appeal vide WA.No.1432 of 2016, wherein a Division Bench of this Court, vide Judgment dated 04.12.2023, confirmed the order passed in WP.No.33133 of 2014 to the extent of setting aside the notification dated 15.11.2001 with regard to the subject property therein. However, the Division Bench set aside the findings recorded by the learned Single Judge that survey conducted under Section 4 of the Wakf Act, 1954 is not saved under Section 112(2) of the Wakf Act, 1995.

4. Learned Counsel for the petitioners further submitted that this writ petition may be disposed of in terms of the common order, dated 04.12.2023, passed by the Division Bench of this Court in WA.No.1432 of 2016, WP.Nos.23242 of 2008 and 19205 of 2019.

5. Learned Standing Counsel for Wakf Board did not dispute the aforesaid submission of learned Counsel for the petitioners. However, he submitted that the Government of Telangana published another Gazette Notification dated 17.03.2022 rectifying the anomalies in the earlier Gazette Notification.

6. In the light of the submissions made by learned counsel appearing for both the parties, this writ petition is disposed of in terms of the common order, dated 04.12.2023, passed in WA.No.1432 of 2016, WP.Nos.23242 of 2008 and 19205 of 2019 and accordingly, the Notification published in Supplement to Part-II of Andhra Pradesh Gazette No.46-A, dated 20.12.2001, insofar as it pertains to the subject property is set aside. The petitioners are at liberty to challenge the Notification dated 17.03.2022, if so advised. There shall be no order as to costs.

7. Miscellaneous petitions pending, if any, shall stand closed.