THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.22825 of 2005 (Dated : 20-08-2011) Between; Khaja Mohiddin Nandyal, Kurnool District. ….Petitioner A n d The A.P.State Wakf Board, Nampally and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.22825 of 2005 ORDER: This writ petition has been filed by Khaja Mohiddin seeking a mandamus or another appropriate writ declaring the action of the 1st respondent-A.P.State Wakf Board in claiming land admeasuring Ac.1- 98 cents comprising Sy.No.613/1 of Moolasaram village, Nandyal, Kurnool District, as wakf land basing on the entry notified in Serial No.3353 in A.P.Gazette, Part II dated 24.5.1963 as illegal and ultravires. 2. The facts leading to filing of this writ petition, in brief, are:- It is the case of the petitioner that his grand-father by name Varagal Pakeer Saheb purchased an extent of Ac.5-24 cents in Survey No.613 of Moolasagaram village, situated near Railway Station from one Khasim Baig under registered sale deed No.1118 of 1950 dated 13.5.1950. His grandfather was in possession of the said land during his life-time and thereafter, his family members were put in possession of the land. When the 1st respondent claimed the land as Wakf Property, the vendor Khasim Baig filed O.S.No.118 of 1965 on the file of the Principal District Munsif, Kurnool seeking cancellation of Gazette Notification dated 24.10.1963. The suit ended in dismissal on 22.9.1965. Thereupon, Khasim Baig filed an appeal being A.S.No.152 of 1968 on the file of District Court, Kurnool and the said appeal came to be allowed setting aside the Gazette Notification dated 24.10.1963, in respect of the land claimed by Khasim Baig. The 1st respondent-A.P.State Wakf Board preferred Second Appeal in SASR No.41575 of 1972 along with C.M.P.No.9922 of 1972 for condonation of delay of 2 years 67 days before this Court and the said application came to be dismissed on 2.2.1973. Thereby, the disputes between Khasim Baig and the 1st respondent-A.P.State Wakf Board reached finality. 3. Of the land purchased by the grand-father of the petitioner, an extent of Ac.1-24 cents in Sy.No.613/1A1 came to be acquired by the Central Government for construction of godowns and the father of the petitioner received compensation for the land acquired by the Central Government. Again an extent of Ac.1-98 cents came to be acquired by the Central Government for providing quarters to the postal staff and compensation in lieu of the land acquired was paid to the family members of the petitioner. The State Government acquired Ac.0.08 cents in Sy.No.613/1B1 for laying road and compensation towards the land acquired was paid. Thus, the land remaining is Ac.1-98 cents and it is in possession of the petitioner. The Mandal Revenue Officer, Nandyal Mandal, Kurnool District-2nd respondent issued pattadar pass book No.678 in favour of the petitioner in respect of Ac.1-98 cents. 4. The 1st respondent sent a report to the 2nd respondent to identify the wakf lands in Nandyal Town for allotment of house sites to poor Muslim Woman Beedi Workers. The Inspector, Auditor Wakf, Kurnool taking advantage of the entry at Serial No.3353 of A.P.Gazette is trying to identify the land in occupation of the petitioner as wakf land. Hence this writ petition. 5. The 1st respondent filed counter affidavit. It is stated in the counter affidavit that an extent of Ac.9-78 cents belonging to institution, namely, Dargah Hzt. Jamal Shah, Nandyal has been notified in the Gazette. However, the respondent does not dispute of the earlier civil litigation in respect of the self-same property. Para (8) of the counter need to be noted and it is thus:- “ In reply to the averments made in para 8 of the Affidavit, it is submitted that there is no dispute about the Civil litigation that took place in the case referred to above in this para. It is not correct to allege that this respondent mechanically accepted the report of the Inspector Auditor, Wakf and forwarded the same to the 2nd respondent because the report of the Inspector Auditor, Wakf, Kurnool based on records and therefore, there is no illegality or violation of the principals of natural justice.” 6. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 1st respondent. 7. Learned counsel appearing for the petitioner submits that the dispute as to whether the property in occupation of the petitioner is a Wakf Property or private property has been settled in the earlier round of litigation and therefore, it is impermissible for the 1st respondent to contend that the land in occupation of the petitioner is a wakf land. Learned counsel refers the judgment passed in A.S.No.152 of 1968 on the file of the District Judge, Kurnool. 8. A similar issue came to be considered by this Court in Md.Salman v. A.P.State Wakf Board and another[1]. The petitioner in the said writ petition is a purchaser from Khasim Baig. The said writ petition came to be allowed taking into consideration of the judgment passed in A.S.No.152 of 1968 on the file of the District Judge, Kurnool. The case of the petitioner herein stands on the same footing as that of the petitioner in W.P.No.16134 of 2005. The dispute whether the property owned by Khasim Baig is a wakf property or private property came to be settled in A.S.No.157 of 1968. It is no more in dispute that the grand-father of the petitioner purchased Ac.5-24 cents in Sy.No.613 of Moolasaragam village from Khasim Baig. A portion of the said extent of land came to be acquired by the Central Government as well as the State Government. In that view of the matter, it is impermissible for the 1st respondent to contend that the land in occupation of the petitioner is a wakf land. The action of the 1st respondent-A.P.State Wakf Board in treating the land of the petitioner as wakf property on the basis of Gazette notification dated 24.5.1963, cannot, therefore, be countenanced. 9. Accordingly, the writ petition is allowed directing the 1st respondent–Wakf Board not to treat the petitioner’s land admeasuring Ac.1-98 cents in Sy.No.613/1 of Moolasagaram village, Nandyal as wakf property on the basis of the Gazette Notification dated 24.5.1963 in the light of the final and binding findings in A.S.No.152 of 1968 on the file of the District Judge, Kurnool. In the circumstances, no order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.20-08-2011 *RAR [1] W.P.No.16134 of 2005 decided on 14.03.2011