COMMON ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the Gazette Notification published by the Wakf Board in A.P.Gazette No.6A dated 09.02.1989, at Sl. No.3228, with respect to the land admeasuring Ac. 0-22.04 Guntas and 801 Sq.Yards in Sy.Nos.166 and 166 Paiki, situated at Ibrahimbagh Village, Golconda Mandal, Hyderabad District, and all other consequential proceedings arising therefrom, as illegal, arbitrary, void, and violative of the principles of natural justice and the provisions of the A.P.Wakf Act, 1954, and consequently to set aside the same and to pass such other order or orders.

2.1 Brief facts leading to the filing of the present Writ Petition are that the petitioners are engaged in the business of Real Estate and Infrastructure and petitioner No.1-company is represented by petitioner No.2. It is stated that petitioner No.1-company purchased agricultural land admeasuring Ac.0-22.04 guntas or 2668 square yards, out of Ac.0.35 guntas in Sy.No.166, situated at Ibrahimbagh Village, Golconda Mandal, Hyderabad District, vide registered Sale Deed bearing Document No.2107 of 2008, dated 20.02.2008, from one Mrs.P.Shakuntala and Mr. P. Manik Rao, who are the legal heirs of late Babu Seth, along with Mr. Abdul Saleem Khan, Mr. Abdul Malik Khan, Mr. Mohd. Ziauddin, Mr. Shaik Azher Parvez, Mr. Abdul Khaleel Khan, Mr. Abdul Qayyum Khan, Mohammad Ghulam Haqqanni and Mohammad Ghulam Subhani, as consenting parties, for valid consideration. It is stated that thereafter, petitioner No.1 has been in continuous possession and enjoyment of the said property.

2.2 Petitioner No.2 claims to have purchased agricultural land admeasuring 801 square yards in Sy.Nos.166 and 166 Paiki, out of an extent of Ac.0-12.6 guntas, situated at Ibrahimbagh Village, Golconda Mandal, Hyderabad District, vide a registered Sale Deed bearing Document No.4564 of 2012 dated 15.11.2012, from Mrs. P. Shakuntala and others, who are the legal heirs of late Babu Seth, for valid consideration and has been in continuous possession and enjoyment of the said property ever since.

2.3 The brief history of the title of the subject property is explained thus:

(i) One Mr. Syed Kaleem Pasha is the original owner and possessor of agricultural land admeasuring Ac.0.35 guntas in Sy.Nos.166 and 166 Paiki, with an assessment of 20.88 double crop wet land under a Tank, situated at Ibrahimbagh Village Urban Taluk, Hyderabad District. He transferred the said property in favour of one Mr. P. Babu Seth S/o. P.Rangaiah vide Registered Sale Deed bearing No.378 of 1971 dated 24.02.1971, pursuant to which the said P.Babu Seth became the absolute owner of the subject land.

(ii) It is further submitted that earlier Mr. Manik Rao, the legal heir of Mr.P.Babu Seth, made a representation to the then Mandal Revenue Officer, Golconda Mandal, stating that some third parties were trying to change the ownership of the land admeasuring Ac.0.35 guntas in Sy.Nos.166 and 166 Paiki, of Ibrahimbagh Village and in response thereto, the then Mandal Revenue Officer, Golconda Mandal, addressed a letter bearing No.D/366/2005, dated 29.04.2005, to respondent No.2, stating that Mr. P. Manik Rao, S/o.Late P. Babu Rao, had represented that his father had purchased the said land in the year 1971 from Syed Kaleem Pasha S/o. Syed Rasool, and had been in continuous possession and enjoyment thereof since then, and requested to take appropriate action.

(iii) It is also stated that, in the Revenue Records, i.e., Pahani of Ibrahimbagh Village, the name of Syed Kaleem Pasha was reflected in the pattadar column while the name of Mr. P. Babu Seth was shown in the possession column in respect of Sy.No.166 for the period from 1955-58 to 1980-81 and vide letter dated 29.04.2005, the Mandal Revenue Officer, Golconda Mandal, requested respondent No.2 to take appropriate action against the third parties for trying to change the ownership of the land and to do justice to the original owners, but respondent