SHAIK APSAR HUSSEN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution of India for the following relief:

(2.) The petitioners filed this writ petition through their constituted Power of Attorney Holder. According to them, the subject property originally belonged to one Mr. Nawab Mohammed Ashraf Khan Bahadur, Son of late Nawab Mohammed Anwar Khan Bahadur (political pensioner), Resident of Kurnool and he enjoyed the subject land as pattadar. Later, he offered to sell the same and forefathers of the petitioners have accepted it and accordingly the subject lands were conveyed under a settlement Deed document No.1576 of 1954, dtd. 8/9/1954, for a total consideration of Rs.2,000.00 and accordingly the vendees were inducted into possession of 1/8thshare each and ever since the families of the petitioners have been in possession and enjoyment continuously. Ultimately, the petitioners being the legal heirs have succeeded the property. The petitioners' family is bona fide purchaser of the subject land for valuable consideration. Recently, the petitioners intended to sell the property and when they made enquiries as to the stamp duty , they were informed that the subject property was included in prohibited list of properties from registration of documents pursuant to the Errata Notification bearing No.32 dtd. 13/8/2019 claiming to be the Addendum to the original notification published in the A.P.Gazette bearing No.43-A, published in the supplemental Part-II dtd. 24/10/1963. In fact, the subject property is not a wakf property all through till date.

(3.) The respondent Nos.1 and 2 filed counter affidavit denying the averments of the writ petition, inter alia contending that, as per the Survey Commissioner's Report dtd. 30/4/1956, the subject lands belonging to Zuleklhani Masjid (Sunni) situated at Kurnool Village. The lands are Inam lands given to Zulekhani Masjid, Kurnool, which are situated at Munagalapadu village and Gargayapuram village. The Inam was given in immemorial days for pious and charitable purpose and during British rule, Inam enquiry was made in 1929 and allotted T.D.Nos.3073, 3716 and 3718 in respect of Inam lands belongs to Munagalapadu village and T.D.No.1288 for Inam lands of Gargayapuram village. Along with the Survey Commissioner's report a separate enclosure was prepared in respect of lands covered by T.D.Nos. and the respective Survey Nos. of both Munagalapadu and Gargayapuram village. Even though, the T.D.Nos. are printed in the Gazette, the corresponding survey numbers are not printed. However, the total extent is noted. It is further submitted that, based on the earliest Inam Fair Register, subsequent survey settlement records were prepared, so also re-survey records. On verification of RSR and Survey Commissioner's report it was found that, Survey numbers were not printed in the Gazette notification, so an errata notification was issued on 13/8/2019 incorporating corresponding survey numbers along with its extents