VENATI SUJATHAMMA AND OTHERS Vs. THE ANDHRA PRADESH WAKF BOAR, REP., BY ITS CHIEF EXECUTIVE OFFICER,HAJ HOUSE BUILDING, NAMPALLY, HYDERABAD

JUDGEMENT

(1.) The present writ petition challenges the notice, dated 08.07.2008, issued by the Chief Executive Officer, A.P. State Wakf Board.

(2.) Heard Sri V.L.N.G.K. Murthy, learned Senior counsel for the petitioners and Sri Shaik Mohammed, learned Standing counsel for the respondent Wakf Board apart from perusing the material available before the Court.

(3.) According to the petitioners, they purchased an extent of Ac.0.50 cents equivalent to 2420 square yards in C.A.S.No.463/2 situated at Gayakasaya Pallam (near C.A.M. High School), Nellore Bit-1, Nellore for consideration of Rs.9,00,000.00 under a registered Agreement of sale-cum-General Power of Attorney on 19.05.2005 from one Polu Lakshmi Reddy of Nellore and ever since they have been in possession and enjoyment of the said property. It is averred in the writ affidavit that an extent of Ac.0.24 cents out of the above said land originally belonged to Shaik Mohammad Abdul Hafiz Shab which he got in a partition with one Mohamad Ghouse Shab under a registered partition deed, dated 07.05.1948, and that the said Abdul Hafiz Shab sold the said property to one Mypati Vanama, w/o. Penchalaiah under the registered sale deed, dated 26.07.1958, for Rs.1,250.00. It is further averred that another extent of Ac.0.24 cents out of the above said property originally belonged to the very same Abdul Hafiz Shab which he got under the registered partition deed, dated 07.05.1948, and that he sold the said property to one Mallireddy Venku Reddy under a registered sale deed, dated 26.07.1958, for Rs.1,250.00 and the said Mypati Vanamma sold the said property to one Kathala Narasamma for Rs.1,500.00 under a registered sale deed, dated 04.11.1968. It is also averred that one Polu Lakshmi Reddy, vendor of the petitioners, purchased Ac.0.26 cents (found on measurement) in the above said survey number from the said Narasamma under registered sale deed, dated 04.10.1989, for Rs.6,500.00 and similarly, an extent of Ac.0.25 cents (found on measurement) was sold by Mallireddy Venku Reddy to the vendor of the petitioners - Polu Lakshmi Reddy under a registered sale deed, dated 26.10.1989, for Rs.6,500.00. Thus, the vendor of the petitioners, Polu Lakshmi Reddy, came to be the owner of Ac.0.51 cents, and she sold an extent of Ac.0.50 cents to the petitioners under the aforesaid registered agreement of sale-cum-general power of attorney. It is the case of the petitioners that the respondent instituted O.S.No.19 of 1978 against their predecessors-in-title and the said suit was dismissed for default and later the restoration applications were also dismissed, as the respondent failed to prosecute further.