AFZAL HUSSAIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This application has been filed seeking to review the order dtd. 29/8/2023 passed in W.P. No.18418 of 2020 by this Court on the ground that the learned Judge has traveled beyond the scope of the writ petition hence, there is an error apparent on the face of the record calling for review.

(2.) The learned Senior Counsel Sri E.Madan Mohan Rao appearing for the petitioners submitted that the petitioners holds more than Ac.100.00 guntas of land in Sy.Nos.32, 35, 42, to 46 70, 72 to 75, 78 to 80, 82 to 84 and 173 situated in Injapur village, Hayathnagar Mandal, Ranga Reddy District and their names have been recorded in the Revenue Records, including Dharani portal as owners and pattadars and they were already issued Occupancy Rights Certificate under the provisions of the Inams Abolition Act, vide Proceedings No.L/907/1986, dated .01.1989 to an extent of Acs.90.00 guntas out of which, the subject matter of the writ petition relates to Acs.24.29 guntas situated in Injapur village, which has been wrongly included under Sec. 22-A(1)(c) of the Registration Act, 1908, as per A.P. Gazette No.6-A, dtd. 9/2/1989, which was already set aside in the case of B.Gowra Reddy Vs. Government of Andhra Pradesh,AIR 2002 AP 313. on the ground that enquiry was not conducted as required under Sec. 4(3) of the Wakf Act.

(3.) It is further submitted that this Court in W.P. Nos.5938 of 2006 and batch vide common order dtd. 11/2/2021 has held that the notification dtd. 9/2/1989 issued by the Waqf Board is one without jurisdiction and thereby was pleased to set aside the notification dtd. 9/2/1989. The same has also been confirmed by the Hon'ble Division Bench of this Court in W.A.No.318 of 2021 vide common judgment dtd. 12/11/2021.