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33. Issue (b): The second aspect of the issue is, whether summary inquiry provided under Section 52 of the Act, for eviction, can be made applicable to the petitioners.

34. The original letter of the Inspector Auditor of Wakfs, East Godavari District, Collector's Office, Kakinada, dated 24.07.2002 (Ex.R.2) is the foundational basis for issuance of notices under Section 52 of the Act by the Wakf Board. In the said letter dated 24.07.2002 (Ex.R.2), it was mentioned that after verification of revenue records, it is noticed that Wakf properties were alienated by the then Mutavallis about 30 to 40 years back.

Ref: - 1. The Chief Executive officer, A.P State Wakf Board, Phonograme No. 372/Pro/M6/20/2001 Dt.10-7-2002 originally addressed to the Dist Rev. Officer, copy marked to Inspector-Auditor Wakf.

2. Ref. H10 3668/2001 DL.09-05-01 of the Dist Collector, E.G.Dist I invite kind attention to the references cited, I submit that there are 7 wakf institutions in the Mummidivaram Mandal. After verification of the revenue records with Wakf records, it is found that the Wakf properties are alienated by the then Mutawallies at about 30-40 years back. The statement of the particulars of Wakf properties in Mummidivaram Mandal are shown below:

After verification of the revenue record with wakf record the list of the alienation particulars submitted to the Dist. Wakf Officer and same is submitted to the Wakf Board, Hyderabad in the reference 2nd cited for further necessary action.

I herewith enclose the particulars of the wakf properties alienations in the Mummidivaram Mandal for favour of information and necessary action.

Yours faithfully, Inspector-Auditor of Wakfs E.G.Dist. Kakinada.‖

38. Another fallacy in the argument with regard to lack of details of sale deeds is that Section 52 of the Act contemplates notices to persons in possession of Wakf properties under wrongful alienations. The Section 52 is applicable only when Wakf property is transferred to persons without sanction of the Wakf Board. The Section 52 is extracted below for ready reference;

―52. Recovery of 1[waqf] property transferred in contravention of Section 51.--(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a [waqf] entered as such in the register of 1[waqf] maintained under Section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51 4[or Section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.‖