S LAKSHMINARAYANA Vs. DARGHA HAZARAT GHALIB SAHEED

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Mandamus directing the respondents to execute sale deeds in favour of the petitioners by receiving the sale consideration of Rs.1.30 Lakhs per acre in respect of the lands in their occupation in Sy. No.600 of Gollapudi village, Krishna District belonging to the first respondent-Darga by declaring the notice No.A1/KST/118/84/Rent dated 18-12-1995 issued by the second respondent, as illegal and without jurisdiction.

(2.) The matter has a chequered career. The petitioners are the tenants of small extents of agricultural lands owned by the first respondent totally admeasuring Ac. 15.23 Cents, for a considerable length of time, by paying Rs.9.000.00 as Maktha per annum.

(3.) While so, the tenants requested the first respondent to sell the lands under their occupation. This matter was considered by the Wakf Board and resolution was passed on 22-1-1985 to sell the above extent to 53 tenants. The said resolution was approved by the Government in notification in G.O.Ms. No.1272, Revenue (Wakf) Department, dated 8-11-1985 directing sale of the land to fifty three tenants at the rate of Rs.1.30 lakhs per acre. It was further directed that the sale deeds should be executed and the proceeds thereof be utilized exclusively for the objects of the said wakf institution and for rebuilding the corpus. After issuance of the said Governmental order, Gazette publication was made in Krishna District Gazette on 20-1-1986 by complying with all other formalities. No objections were received from any quarter. On 24-12-1985 the second respondent issued a Memo directing the President, District Wakf Committee, Krishna District to proceed with the preliminaries and deposit the sale proceeds with the Board-the second respondent herein immediately, to enable the second respondent for effecting transfer of the land in favour of the tenants. Since no action was taken by the respondents, and the matter was being subjected to inordinate delay, the tenants filed W.P. No.1972 of 1989 seeking a writ of Mandamus to implement G.O. Ms. 1272 dated 8-11-1985 and pass appropriate orders. The said writ petition was disposed of by this Court on 27-8-1991 directing the Government to take a final decision in the matter by fixing time limit. Since there was no response, the tenants filed another Writ Petition No. 6924/92 and when it was pending the Government had submitted that the G.O. was cancelled by G.O. Ms. 133, Revenue (Wakf) Department dated 1-2-1992. G.O. Ms. No.133 dated 1-2-1992 was challenged by fifty three tenants in W.P. No.8063 of 1992. A learned single Judge of this Court by order dated 4-5-1993 allowed the said writ petition, quashing G.O. Ms. No.133 dated 1-2-1992. In the said order, the respondents were directed to proceed with the sale of the land in accordance with law. Even then the matter was not moved, as per the directions of the learned single Judge of this Court, which has become final. Whileso, a notice No.A1/KST/118/84/Rent dated 18-12-1995 was issued to the tenants directing them to pay Rs.1,000.00 per square yard to the extent of land held by each of the fifty three tenants within fifteen days. The said notices were issued in purported compliance of Memo No. 1097/W.2/94-6, Minorities Welfare (Wakf.2) Department dated 22-9-1995. The said notices are assailed in this writ petition and consequential relief was sought to direct the respondents to execute the sale deeds in favour of the petitioners.