NAWABUDDIN Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) Petitioners seek to declare inclusion of agricultural lands in Survey Nos. 45 and 46, admeasuring Acs.2.36 guntas and Acs.13.17 guntas respectively situated in Bela Village and Mandal, Adilabad District in A.P Gazette Notification dtd. 4/1/1990 issued by the 1st respondent without due process of law and without following the mandatory provisions of Ss. 4 to 6 of the Waqf Act, 1995 as illegal, arbitrary, violative of Articles 14, 21, 300-A and 31-A of the Constitution of India and against Ss. 4 and 5 of the Act and consequently, to set aside the said Gazette Notification dtd. 4/1/1990.

(2.) The subject land was originally granted in Fasli 1307 to Ameenuddin, who is the great-grandfather of petitioners, as a Qauzaith qauzi inam. After Ameenuddin's death, ownership of the land passed on to the grandfather of petitioners namely Azeezuddin. Following Azeezuddin's demise, Abdul Ghani, father of petitioners rightfully inherited the land. Upon passing of Abdul Ghani, petitioners, being the legitimate successors, became pattedars and possessors of the suit land and they have been lawfully enjoying the rights since then. While so, on 19/2/2007, some persons belonging to Masjid-Bela claimed that the said property is Waqf property and tried to interfere with the peaceful possession and enjoyment of the petitioners' land. It is stated that petitioners came to know that subject land was wrongfully notified as waqf properties through the impugned Gazette Notification during the course of proceedings of O.S.No. 53 of 2007.

(3.) Heard Sri Mohd. Ismail, learned Standing Counsel for Waqf Board.