VICEROY HOTELS LIMITED Vs. TELANGANA STATE WAKF BOARD

JUDGEMENT

(1.) In these petitions, the petitioners have assailed the validity of the action of Andhra Pradesh State Wakf Board in issuing the addendum notification dtd. 23/8/2007 and in instituting a proceeding under Sec. 54 of the Wakf Act, 1995. On account of commonality of the issues, the writ petitions were heard analogously and are being decided by this common order. For the facility of reference, facts of W.P.No.8431 of 2014 are being referred to.

(2.) Facts giving rise to filing of the writ petition in nutshell are that a patta was granted by the Board of Revenue on 7/2/1958 in accordance with the then extant laws in respect of land measuring Ac.4.04 guntas in Sy.Nos.181 and 182 at Kavadiguda Village, Hyderabad to one Mohammed Gulam Dastagir. The subject matter of W.P.No.8431 of 2014 is the land measuring 14,400 square yards i.e., Acs.2.97 guntas in Sy.Nos.181 and 182/1, situated at Kavadiguda Village, Hyderabad, whereas the subject matter of W.P.No.11730 of 2014 is land measuring 1500 square yards in Sy.Nos.181 and 182/1 situated at Kavadiguda Village, Hyderabad (hereinafter referred to as 'the subject property').

(3.) The Andhra Pradesh State Wakf Board conducted an enquiry under Sec. 27 of the Wakf Act, 1954 (hereinafter referred to as 'the 1954 Act') and determined vide resolution dtd. 5/10/1958 that the subject property is not Wakf property. After the demise of Mohd. Gulam Dastagir, his legal representatives have executed an agreement of sale in the month of December, 1963 in favour of Smt. D.S.Laxmi and Smt. G.Mohini Kumari. Thereafter, on 3/8/1964, the legal heirs of late Mohd. Gulam Dastagir have executed a sale deed in respect of land measuring 14,400 square yards (Acs.2.97 guntas) of Sy.Nos.181 and 182 at Kavadiguda, Hyderabad, in favour of Smt. D.S.Laxmi and Smt. G.Mohini Kumari.