SRINIVAS RAO KASBE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in W.P.No.20293 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of certiorari for quashing notification published at Serial No.30908 in supplement to Part II of the Andhra Pradesh Gazette No.36-A dated 04.09.2003 as illegal, arbitrary and violative of principles of natural justice. The said notification notified lands in S.Nos.626, 638, 639 and 640 of Chattanapally village, Farooq Nagar Mandal of Mahaboobnagar District as wakf property.

(2.) The petitioners in W.P.No.29360 of 2011 filed the same under Article 226 of the Constitution of India seeking writ of Mandamus declaring notification published at Serial No.30982 in Supplement to Part II of Andhra Pradesh Gazette No.36-A, dated 04.09.2003 notifying lands measuring Ac.9-26 guntas in S.Nos.261, 289, 290, 291, 292, 293, 294, 318 and 667 of Yelikatta village, Farooq Nagar Mandal, Mahaboobnagar District as illegal, arbitrary, unconstitutional and violative of principles of natural justice and the Wakf Act, 1995 and to set aside the same.

(3.) The 2nd respondent filed counter affidavits in both the writ petitions denying rights of the petitioners in both the writ petitions in the respective lands and contending inter alia that lands which are subject matters in both the writ petitions are wakf properties and that the lands in W.P.No.20293 of 2011 are wakf properties belonging to Dargah Hzt. Ghulam Nabi Sha Saheb Rh. & Mosque outside abadi in Inam land and the property meant for Fatheha and prayer and maintenance of said wakf institution under the Muthavalliship of Ghulam Nabi Shah Sajjad-e-Sani and that the lands in W.P.No.29360 of 2011 are Inam Mashrutul Khidmat lands attached to Dargah Hzt. Syed Shah Ali Hussaini Saheb Rh. Endowed for God and Gul under wakf properties.