HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16134 of 2005 Date: March 14, 2011 Between: S.Md. Salman. … Petitioner And 1. Andhra Pradesh State Wakf Board, rep. by Chief Executive Officer, Haj House, Hyderabad, A.P, & another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16134 of 2005 ORDER: The petitioner assails the action of the Andhra Pradesh State Wakf Board, first respondent herein, in claiming his land in Survey No.613/2 of Moolasagaram village, Nandyal, admeasuring Acs.4-58 cents as wakf land on the basis of the Gazette Notification dated 02.5.1963/24.10.1963. 2. It is the case of the petitioner that his father purchased the subject land from one Khasim Baig under agreement of sale dated 28.9.1964. As the vendor did not execute a registered sale deed pursuant to the said agreement of sale, the petitioner’s father filed O.S. No.18 of 1965 before the Court of the learned Subordinate Judge, Kurnool, for specific performance. Pursuant to the judgment and decree dated 22.9.1965 passed therein, the Court executed a sale deed in favour of the petitioner’s father in respect of the subject property. 3. As the subject land was included in the Gazette Notification dated 02.5.1963/24.10.1963 listing various wakf properties, Khasim Baig, the vendor of the petitioner’s father, filed O.S. No.118 of 1965 (re- numbered as O.S. No.8 of 1965) on the file of the learned Principal District Munsif, Nandyal, seeking cancellation of the Gazette Notification in so far as it pertained to the subject property. Aggrieved by the dismissal of the said suit by judgment and decree dated 07.10.1967, Khasim Baig filed A.S. No.152 of 1968 before the learned District Judge, Kurnool. The said appeal was allowed by judgment and decree dated 04.02.1970. The lower appellate court found that the properties in respect of which the Gazette publication was made were proved to be the personal inam lands of Khasim Baig and the contention of the Andhra Pradesh Wakf Board that they were wakf properties could not be accepted. Aggrieved by the judgment and decree in A.S. No.152 of 1968, the first respondent-Wakf Board filed a second appeal before this Court with delay. The same was dismissed on 01.01.1973 as the delay was not condoned and attained finality. Therefore, the finding of the lower appellate court in A.S. No.152 of 1968 between the petitioner’s predecessor-in-title and the first respondent-Wakf Board attained finality and is therefore binding. 4. It is admitted by the first respondent-Wakf Board in its counter that the petitioner’s property was included in the report prepared showing the availability of wakf land at Nandyal town on the basis of the very same Gazette Notification dated 02.5.1963/24.10.1963. Once this notification is admitted to be the basis of the first respondent-Wakf Board’s claim over the subject land, it must necessarily fail in view of the binding findings rendered by the court of the learned District Judge, Kurnool, in A.S. No.152 of 1968. The action of the first respondent- Wakf Board in including the petitioner’s land in the list of wakf properties on the basis of the said Gazette Notification cannot therefore be countenanced. 5. The writ petition is accordingly allowed directing the first respondent-Wakf Board not to treat the petitioner’s land admeasuring Acs.4.58 cents in Survey no.613/2 of Moolasagaram village, Nandyal as wakf land on the basis of Gazette Notification dated 02.5.1963/24.10.1963, in the light of the final and binding findings in A.S. No.152 of 1968 on the file of the learned District Judge, Kurnool. In the circumstances, no order as to costs. ____________________ SANJAY KUMAR, J Date: March 14, 2011. BSB