Telangana High Court
K. Devender Reddy, vs Prl.Secy., Minorties Welfare Dept., ... on 19 November, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
1
wp_11541_2018
NBK, J
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.11541 of 2018
ORDER:
The case of the petitioners, as per the writ affidavit, is that they are the joint owners and possessors of agricultural land to an extent of Ac.14- 15 guntas of Survey No.438 of Bhongir Revenue village of Nalgonda District by virtue of registered sale deeds No.1247/1990 and 1247/1990 dated 25.05.1990 having purchased the same from its previous owners, and also got their names mutated in the records of Revenue Department. It is stated that the lands are effected by Sub-Division as Sy.Nos.438-A and 438-AA. It is stated that the vendors of the petitioners succeeded to the property who are in possession prior to five decades and the petitioners purchased in the year 1990, and they also got pattadar passbooks and title deeds, namely Patta Nos.758 and 759 on the names of petitioners 1 and 2 respectively. The petitioners intended to sell the land and approached the Sub-Registrar,Bhongir on 05.03.2012 for obtaining Market Value Certificate and it was informed that No Objection Certificate was required from the Revenue Department. The petitioners approached the 3rd respondent- District Collector, Yadadri Bhongir District, whereupon the 3rd respondent issued a Memo stating that the 1st respondent-Government by letter dated 30.11.2006 directed the District Collector to cancel the Occupancy Rights Certificates (ORCs) issued in respect of the land owned by the petitioners. It is stated that pursuant to the petitioners representation dated 09.03.2012 submitted to the 4th respondent-Revenue Divisional Officer, the 4th respondent sought information from the 5th respondent-Tahsildar about the subject property, and it was informed that an extent of Ac.14-15 2 wp_11541_2018 NBK, J guntas in Sy.No.438 of Bhongir Village and Mandal in recorded in our name, and in Sl.No.14 it is stated that the petitioners are in possession of the land, and in Sl.No.16 it is recorded as Wakf land and the same has been communicated by the 3rd respondent vide letter dated 15.10.2008. The petitioners thereafter made representation dated 03.05.2017 to the 2nd respondent-Wakf Board to delete the subject land from the categorization as Wakf Lands. The 2nd respondent referred the matter to the 6th respondent-Inspector Auditor of Wakfs, who furnished a report dated 19.08.2017 stating that the Survey No.438 is notified as wakf and is also published in the Gazette Notification dated 01.03.1990. The 2nd respondent rejected the representation of the petitioners for deletion of the subject property from Wakfs. It is the grievance of the petitioners that the subject property has been purchased by them and the land has been in possession of private parties for the last eighty years and the land is a private patta land and the authorities have erred in not deleting the same from the Wakf lands on the ground that they are Wakf lands and also published in Gazette Notification dated 01.03.1990.
2. Learned counsel for the petitioners while making submissions on the lines of writ affidavit mainly contend that the subject lands have been private patta lands and the petitioners have purchased them paying valuable consideration and their names also find place in the revenue records and it is erroneously recorded in Sl.No.16 of pahanis that the subject land is Wakf Land, and the petitioners have brought the same to the notice of respondent authorities are not acting as per the records and law for deletion of wrongful entries in the records, however, the 3rd respondent has erroneously cancelled the Pattadar passbooks granted 3 wp_11541_2018 NBK, J earlier in respect of subject land in favour of petitioner without giving notice or opportunity of hearing to the petitioners, and directed to issue pattas in favour of wakf institutions vide letter dated 15.10.2008 and further the Gazette Notification dated 01.03.1990 itself is null and void insofar as the subject lands of the petitioners is concerned and therefore prays to declare the action of respondent authorities in cancelling the pattas of petitioners in respect of subject land as illegal and arbitrary.
3. Heard the leanred Standing Counsel appearing on behalf of the 2nd respondent-Wakf Board. Perused the counter affidavit filed on behalf of respondent No.1-State, and respondent No.2-Wakf Board.
4. The sum and substance of the contentions of the learned Standing Counsel for the Wakf Board is that the subject lands to an extent of Ac.14- 15 guntas of Survey No.438 of Bhongir Village is a wakf properties attached to Jama-e-Masjid, Bhongir and KhateebInam i.e., MashruthulKhidmat (Service Inam land for Khitabat) in the survey conducted in 1960s by the commissioner of Wakfappointedby the Government, by duly following the procedure as contemplated under the Act, in the presentce of Muttawalli of the Wakf institution. It is contended that the subject property has always been a Wakf property, and the Hon' ble Supreme Court in a catena of judgments have held that "once a wakf, always a wakf", and that a Muttawalli is only a caretaker of the property to look after the property and to put it to use for the intended purpose and any alienations whatsoever in respect of wakf property would never change the character of wakf property and cannot sustain in the eye of law. Learned Standing Counsel would further submit that the revenue 4 wp_11541_2018 NBK, J authorities have consistently shown the property as Wakf property in the revenue records and the Gazette Notification has also been published. It is also contended that in the a Supplemental Notification was published in A.P. Gazette as Supplement to Para-II No.9A dated 01.03.1990 notifying the lands bearing Survey Nos.424, 425, 8, 11, 2, 34, 9, 10, 12, 13, 14, 15, 435, 436, 437, 438 total admeasuring Ac.118-35 guntas consisting of an extentof Ac.86-02 guntas as Dry and c.32-33 guntas as Wet situated at Bhongir village, and in all the basic Revenue and Survey Records, the said lands were recorded as Service Inam but the Revenue authorities have erroneously issued ORCs in the name of third parties in respect of certain Wakf lands including the subject lands in Survey No.438. It is further contended that the 1st respondent has issued directions to the authorities to cancel any ORCs granted in respect of Wakf properties and the subject land is a wakf property and therefore the authorities cancelled the ORC in respect of the same, and therefore there is no illegality in denying issuance of No Objection Certificate or deletion of the subject property from Wakf properties list or the publication of Gazette Notification, and therefore there is no merit in the writ petition. Learned Standing Counsel has drawn the attention of the Court to several judgments of the Hon'ble Supreme Court and also this Court in the matters related to Wakf lands; D. Venkata Krishna Rao v. Government of A.P 1; Sayyed Ali v. A.P. Wakf Board, Hyderabad 2; K.G. Krishna Murthy v. Joint Collector, R.R. District 3;
12012 (4) ALD 144 (DB) 22 (1998) 2 SCC 642 3 (2008) 1 ALD 836 5 wp_11541_2018 NBK, J Gobinda Chandra ghosh v. Abdul MajidOstagar 4; Lokaraj v. KishanLal 5; Lal Shah Baba Dargha Trust v. Magnum Developers 6.
5. Having considered the respective submissions, and perusing the material on record, it is pertinent to note that though the petitioners were shown as possessors in the possessors' column in respect of subject land in the revenue records/pahanis, the records show that the nature of subject land is Wakf land. Further the Gazette Notification dated 01.03.1990 published pursuant to the Survey Commissioner report vide Notification under Supplement to Para-II No.9A dated 01.03.1990 notifying the lands bearing Survey Nos.424, 425, 8, 11, 2, 34, 9, 10, 12, 13, 14, 15, 435, 436, 437, 438 total admeasuring Ac.118-35 guntas covers the subject lands, and show them as Wakf lands.
6. At this juncture, it is relevant to note the recitals in the Inspector Auditor report dated 19.08.2017, which reads as follows:
"Jame Masjid with one well and its attached lands in Survey Nos.424, 425, 8, 11, 2, 34, 9, 10, 12, 13, 14, 15, 435, 436, 437, 438 is a notified Wakf property published in the A.P. Gazette No.9-A dated 01.03.1990 at serial No.16594, page No.771.
The matter pertains to the Wakf land in an extent of Acre 14-15 guntas, in Survey No.438, which has been occupied by the applicant who said that his wife Smt. K. Premamlatha has purchased the part of the subject land an 4 AIR 1944 Cal 163 5 (1953) 3 SCC 291 6 AIR 2016 SC 318 6 wp_11541_2018 NBK, J extent of Acre 10-00 gts, through registered sale deed No.1246/1990 dt. 25.05.1990 and remaining land an extent of Ac.4-15 gts has been purchased by him through registered sale deed bearing No.1247/1990 dt. 25.05.1990 and later their names also mutated in the revenue records as pattadar, owners and possessors under ROR Act and they have got pattadar passbooks and requests to the Chief Executive Officer, TS Wakf Board, Hyderabad to delete the entry of the land from the Wakf records. Further it is to submit that the subject land has been notified and published in the AP gazette No.9A, dated 01.03.1990 at serial No.16594 of BhongirTaluqa attached to the Jame Mosque at Bhongir. The subject land has been published in the AP Gazette dated 01.03.1990 and the applicant states that he has purchased the said land on 25.05.1990.
In compliance to the Memo in the reference cited I have visited and inspected the land in Survey No.438 aatBhongir proper, YadadriBhuvanagiri District and found that the land in question is under the possession of the applicant and cultivation is going on by him".
7. Further, the 2nd respondent has informed the petitioner vide letter dated 30.12.2017 about the said land as Mashrutul Khidmat (Service Inam
- KhateebInam) and rejected the request of petitioner and also taken steps for publication of Errata/Addendum Notification in the Gazette in respect of the subject property by letter dated 19.07.2018. It can be seen 7 wp_11541_2018 NBK, J that the petitioners claim to have purchased the lands vide registered Sale Deeds dated 25.05.1990 which are subsequent to the Gazette Notification dated 01.03.1990. Be that as it may, even as per the letter of 1st respondent dated 30.11.2006 and the subsequent letter dated 15.10.2008 of the 3rd respondent-District Collector, Nalgonda, would show that directions have been issued by the 1st respondent-Government to cancel all the pattas issued in favour of various individuals and to transfer/mutate the lands in the name of Wakf Institution by following prescribed procedure, and also not to allow any unauthorized constructions activities on the Wakf lands. In view of the nature of property being Wakf, the possessor title if any sought to be claimed by the vendors of the petitioners, and also the petitioners, become null and void in view of the Gazette Notification dated 01.03.1990 and the contemplated action of respondent authorities to cancel the pattas issued in favour of individuals and to resume the land and transfer/mutate the same in favour of Wakf institution cannot be said to be illegal or arbitrary.
8. In that view of the matter, the writ petition is liable to be dismissed, and is accordingly, dismissed. No costs. Miscellaneous petitions, pending if any, shall stand closed.
__________________________ JUSTICE NAGESH BHEEMAPAKA 19th November, 2024 ksm