Andhra Pradesh High Court - Amravati
T.S Vijaya Kumar, Kurnool Dist 3 ... vs Prl. Secretary, Minorities ... on 3 May, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.15452 of 2015
ORDER:
The petitioners claim various extents of land including
Ac.0.98 cents, Ac.0.88 cents, Ac.0.80 cents and Ac.0.11 cents
in Sy.No.62 of Kurnool Village and Mandal. The petitioners
trace their title to a deed of gift dated 05.07.1944, executed
by one Smt.Fatima Bi.
2. The petitioners had earlier received notices dated
07.07.2009, issued by the Wakf Board, stating that an extent
of Ac.5.32 cents of land in Sy.No.62, which would include all
the lands claimed by the petitioners, had been notified as
Wakf Property, by way of a publication in the A.P. Gazette
dated 24.10.1963 at Sl.No.3170, on the basis of title deed
No.3616. The petitioners had submitted their explanation to
the said show cause notice on 27.07.2009 enclosing all the
documents in support of their claim. While orders were
awaited in these proceedings, the State of Andhra Pradesh
issued proceedings under Section 52(2) of the Wakf Act for
handing over possession of the land. These proceedings were
challenged by the petitioners in W.P.No.22625 of 2012. The
High Court had initially suspended the proceedings
impugned in the said writ petition. It is stated that this writ
petition has now been withdrawn.
3. The petitioners would also state that they had
also filed W.P.No.3237 of 2010 against the refusal of the Sub
Registrar to register transactions relating to the lands
claimed by the petitioners.
4. The petitioners, on enquiry came to know of the
addendum dated 07.05.2009, published in the Andhra
Pradesh Gazette, by the 1st respondent, and have challenge
the said addendum in this writ petition. This addendum was
for the purposes of including Ac.5.32 cents of land in
Sy.No.62, including the lands of the petitioners, in the list of
properties of a Wakf Institution known as Abdul Waheb
Saheb Gumbaz at Kurnool. The petitioners being aggrieved by
the issue and publication of the said notification published in
the A.P. Gazette on 07.05.2009, have approached this Court.
5. Sri Vedula Venkata Ramana, the learned senior
counsel appearing for Smt.Aiswarya Nagula learned counsel
for the petitioners, would submit that the basic requirement
of issuing a notice to the petitioners, prior to the publication
of the addendum had not been followed and consequently the
addendum would have to be set aside. The learned senior
counsel relies upon the Judgment of a Division Bench of the
erstwhile High Court of Andhra Pradesh dated 20.06.2011 in
W.P.No.989 of 2007.
6. Sri Mohammed Gayasuddin, the learned Standing
counsel for Wakf Board would contend that the petitioners
were aware of the addendum and had infact received notices
prior to the publication of the said addendum.
7. The initial notification relating to the Wakf
institution, to which this land is said to have belonged, was
issued on 24.10.1963. Thereafter, an addendum has been
issued and published in the Gazette on 07.05.2009, after the
gap of about 45 years including land in Sy.No.62.. The record
placed before this Court, by the petitioners, does not disclose
the issuance of any notice to the petitioners prior to the
issuance of this addendum. The learned Standing Counsel for
the Wakf Board has also not been able to place any notice
issued prior to the issuance and publication of the
addendum.
8. A perusal of the Judgment of the Division Bench
dated 20.06.2011 makes it amply clear that when there is a
gap of such a long period, it is the essential duty of the Wakf
Board to issue a notice to the affected parties and to give
them an opportunity of hearing before taking any decision in
the matter and in issuance or publication of any addendum
adding further immovable property to the list of Wakf
properties in the publication to be published under Section 5
of the Wakf Act, 1995. In similar circumstances, the Division
Bench after having considered similar facts, had set aside the
said publication of addendum after a long period of more
than 40 years.
9. Following the same, this Court has no hesitation
in allowing the present appeal setting aside the addendum
issued by the 2nd respondent and published by the 1st
respondent in the A.P.Gazette dated 07.05.2009. However,
this would not preclude the Wakf Board from taking the said
action as it may deem fit, in accordance with law, for
inclusion of any lands in the name of the Wakf Institution
namely Abdul Waheb Saheb Gumbaz at Kurnool.
10. Accordingly, this Writ Petition is allowed. There
shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any,
shall stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
03.05.2023
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.15452 of 2015
03-05-2023
RJS
