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(Per Hon'ble Sri Justice V.V.S.Rao) PROLOGUE In this group of seven writ petitions, the issue is whether the notification issued by Andhra Pradesh State Wakf Board (the Wakf Board, for brevity) declaring certain lands as wakf properties is illegal and whether the allotment of those lands by the Government of Andhra Pradesh to Andhra Pradesh Industrial Infrastructure Corporation (APIIC) and further allotment by the latter to third party industries is not illegal. Three writ petitions, being W.P.Nos.17192, 20614 and 20372 of 2007 challenge allotment of land and the remaining are filed for invalidation of the Wakf Board notification issued in 2006. The two questions need to be addressed without ignoring the fact that persons interested in the wakf have already filed suits before the Andhra Pradesh State Wakf Tribunal (the Wakf Tribunal) under the Wakf Act, 1995 (the Wakf Act, for brevity) and are pending for trial.

The Wakf Board published another notification, A.P.Gazette No.14, dated 06.04.2006, by way of addendum/errata to earlier notification (hereafter, errata notification) correcting columns 10, 11 and 12 of the Registration Form. As a result of this, the service inam lands attached to the Wakfs which were not notified were included in the list of wakfs. This land admeasuring Acs.1654.32 guntas in various survey numbers of Manikonda village (hereafter called, subject land or Manikonda lands) is at the centre of the controversy. The Government claims that the Manikonda land was jagir land and after abolition of jagirs under the Hyderabad (Abolition of Jagirs) Regulations, 1358 Fasli (hereafter Jagir Regulations), the land was taken over by the Government duly paying commutation amount to the successors or legal heirs of mutawalli. They, therefore, would contend that the land vests in the Government and even as per the orders of the Nazim-e-Atiyat, there is no permanent dedication to the wakf property. In the absence of any permanent dedication, it cannot be treated as wakf property. The Government would also allege that the impugned errata notification was issued without conducting survey and without following the procedure contemplated under Sections 4 and 5 of the Wakf Act. The APIIC and its allottees toe the same line with slight variations which in a controversy like this are unavoidable.

SUMMARY OF PLEADINGS The case against the Wakf As indicated supra, there are three writ petitions supporting the case of the Wakf and Wakf Board and four writ petitions against it. The State Government is in forefront in challenging the errata notification. Therefore, it would be sufficient if we refer to the following pleadings in W.P.No.23578 of 2007 filed by the Government and the APIIC and if necessary supplant with the pleadings from other writ petitions filed against the Dargah and the Wakf Board. Manikonda lands are jagir lands. The Jagir Regulations came into force on 15.08.1949. Under Regulation 6 of the Jagir Regulations, Manikonda lands vested in the State. The Government issued orders in G.O.Ms.No.1, dated 03.10.1949, whereunder all Jagir villages were taken over by the Government (Diwani). Even revenue records from times immemorial classify it as Government land. But as per the survey and settlement operations completed by 1332 Fasli, the lands were shown as Poramboke, Gairan and Kharij Khata (Government lands) under occupation for dry/wet cultivation by several persons who claimed as patta lands or Makhta and Mafi inam lands. The revenue records like Sethwar, Khasra Pahani 1954-55 prepared under the Hyderabad Land Census Rules, 1954 and the record of rights prepared under the Andhra Pradesh (Telangana Area) Record of Rights Regulation, 1358 Fasli, would show it as Government land for more than fifty years. The subject land was allotted to APIIC. From 1995 onwards, they inturn, allotted to various companies, namely, M/s.Emmar Properties, Microsoft, Infosys, Wipro, Polaris, VIIS and Lanco through public auction. These companies developed the land by investing huge some of money. The Wakf Board issued Gazette Notification dated 09.02.1989 showing only the land occupied by the Dargah, Khankah and house of mutawalli admeasuring 5506 square yards as wakf property. The said notification was issued after the statutory survey conducted by Survey Commissioner under the Wakf Act, 1954. The Government issued G.O.Ms.No.7, Minorities Welfare (Wakf-I) Department dated 03.03.2001 ordering second survey of the wakf property in the State as per Section 4(6) of the Wakf Act. A final report is yet to be submitted. As per Andhra Pradesh State Wakf Rules, 2000 (the Wakf Rules, for brevity), the surveyor is required to issue notice to all concerned physically verifying ground reality and submit report about the wakf properties. The surveyor is required to follow the Wakf Rules, the surveyor has not submitted final report and even before that the Wakf Board issued the impugned errata notification attaching Manikonda lands to the Dargah.

The fourth writ petition being W.P.No.4515 of 2008 challenging the errata notification is filed by M/s.Lanco Hills Technology Park Private Limited (Lanco Hills) and its Chief Executive Officer. Insofar as the nature of Manikonda lands being jagir, the disputes that were resolved by Nazim-e-Atiyat, the High Court, the abolition of jagirs and the controversy regarding mashrut-ul-khidmat, the writ affidavit contains the averments almost similar to those in the Government writ petition. A reference to the earlier proceedings before this Court and before the Wakf Tribunal is also made. The case of the Lanco Hills is that under the ICT policy 2005-2010, the Government designated APIIC as nodal Agency and allotted Acs.108.00 guntas in R.S.No.201 of Manikonda village, which was handed over on 16.03.2004. Thereafter, the APIIC issued notification on 22.12.2004 calling for request for proposal (RFP). Lanco Hills classified in the preliminary screening and submitted bids for Acs.100.00 for development of IT park at total estimated cost of Rs.5,500 crores. It emerged as successful bidder for developing and marketing IT park. An agreement was entered with APIIC on 04.11.2006. The project includes developing integrated world class IT park/ITSEZ, modern space for over 75,000 professionals to make it the largest business District and world's largest single phase development. The grounds urged in support of the writ prayer are also similar to the writ petition filed by the Government.