Bellidiga Gangadhar, Nizamabad Dist., ... vs The State Of Tg.,Revenue,Hyd., 5 Otrs. on 14 October, 2020

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Telangana High Court

Bellidiga Gangadhar, Nizamabad Dist., ... vs The State Of Tg.,Revenue,Hyd., 5 Otrs. on 14 October, 2020

HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)
THURSDAY, THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE A RAMALINGESWARA RAO

WP.Nos. :33950, 23622, 31561, 16293, 17599, 33133, 40252 of 2014 AND
24654 OF 2015

WP No. 33950 of 2014
Between:
Sher Ali Shah,S/o.Late Manzoor Ali Shah,
..... Petitioner
AND

1 The State of Telangana, Rep. by its Principal Secretary, Minorities Welfare
Department, Secretariat at Hyderabad.
2 A.P. State Waqf Board,Rep. by its Chief Executive Officer, Haj House
Complex, Opp: Public Garden, Nampally Road, Hyderabad.
.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court may be pleased to
issue a Writ, Order or Direction more particularly one in the nature of "Writ of Certiorari"
by declaring the action of the Respondents more particularly Respondent No.2 to call
for the records and quash the notification issued in A.P. Gazette 44-A, Supplement to
Part-II dt.31-10-2002 under Sl.No.24651 at Page 155 as the same is ex-facie illegal,
arbitrary and issued without jurisdiction amounting to abuse of discriminatory powers
and consequently direct the Respondent No.2 including his officials not to meddle and
interfere with the possession of the Petitioner's including his tenants in respect of his
lands in old Sy.No.137/1 & 2 (corresponding to new Survey No.294 and Sy.No.285)
admeasuring Ac.3-32 guntas and Ac.O-33 guntas, situated at Kanteshwar Village,
Nizamabad-TS, in the interest justice.

The petition coming on for hearing and upon perusing the petition and
affidavit filed herein and upon hearing the arguments of Sri NAZIR AHMED KHAN
Advocate for the Petitioner, GP for Social Welfare for Respondent No.1 and of Sri
Mirza Safiullah Baig, SC for respondent No.2

WP.No. 23622 OF 2015

Between:
1 Smt. Bilquees Bee W/o. Late Syed Jahangir,
2 Syed Nazir S/o Late Syed Jahangir,
3 Syed Faimeeda Begum, W/o. Late Syed Ismail,
4 Syed Ghouse S/o Late Syed Jannu Miya,
5 Syed Jaffar, S/o.Late Syed Jannu Miya,
6 Syed Iqbal S/o late Syed Jannu Miya,
7 Smt. Ameer Bee W/o late Syed Afzal Miya,
8 Syed Jaffar, S/o. Late Syed Afzal Miya,
9 Syed Zahoor, S/o. late Syed Afzal Miya,
10 Syed Raheem S/o. late Syed Afzal Miya,
11 Syed. Nawab, S/o. Late. Syed Altaf Hussain @ Sardar,
12 Syed. Azam S/o. late Syed Altaf Hussain @ Sardar,
13 Smt. Bijan Begum, W/o. Syed Iqbal,
14 Smt. Raheemunnissa Begum, W/o. Syed Iqbal,
15 Syed Azeem, S/o. Late Syed Iqbal,
16 Syed Saleem, S/o. late. Syed Iqbal,
17 Syed Aleem, S/o. late. Syed Iqbal,
18 Syed Kaleem, S/o. late. Syed Iqbal,
19 Syed Shameem, S/o. late. Syed Iqbal,
20 Sharafan Bee W/o.Syed Abdul Rehaman,
21 Syed Saleem S/o. Late Syed Abdul Rehaman,
22 Syed Azeem S/o late Syed Abdul Rehaman, ,.

23 Smt Hafeeza Bee, W/o Late Syed Jhangir,
24 Syed Yousuf S/o. late Syed Jhangir,.
25 Syed Shareef S/o. late Syed Jhangir,
26 Syed Hameed S/o late Jani Miya,
27 Syed Ahmed S/o. Syed Hameed,
28 Syed Amir, S/o. Syed Hameed,
29 Syed Jilani S/o late Jani Miya,
30 Syed Zulaka Begum, W/o. Late. Chand Pasha,
31 Syed Saleem, S/o. Late Syed Chand Pasha,
32 Syed Waseem, S/o. Late Syed Chand Pasha,
33 Syed Faheem, S/o. Late Syed Chand Pasha,
34 Syed Ghulam Dastagir S/o late Ghouse Miya
35 Syed Sidddiq S/o late Ghouse Miya,
36 Syed Chand S/o late Ghouse Miya,
37 Ayusha Paraven W/o. Late Syed Akthar,
38 Syed Dawood, S/o Late Syed Akthar,
39 Syed Raffiq S/o late Ghouse Miya,
..... Petitioners
AND

1 The State of Telangana rep., by its Principal Secretary, Revenue Department,
Secretariat Buildings, Hyderabad.
2 The Principal Secretary, Revenue (JA-1) Department, State of Telangana,
Secretariat
Buildings, Hyderabad.
3 The Special Chief Secretary to Government of Telangana & The Chief
Commissioner of
Land Administration, Hyderabad.
4 The Andhra Pradesh State Waqf Board, Rep., by its Chief Executive Officer, Haj
House,
opp. Public Garden, Nampally, Hyderabad.
5 The District Collector, Medak District, Sanga Reddy.
6 The Joint Collector, Medak District, Sanga Reddy.
7 The Revenue Divisional Officer, Medak, Medak District.
8 The Tahsildar, Shivampet Mandal, Medak District.
9 The Survey Commissioner of Waqf, Haj House, opp. Public Garden, Nampally,
Hyderabad.
.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
issue an appropriate Writ, Order or direction more particularly one in the nature of Writ
of Mandamus assailing the action of the respondents No.1 & 4 in publishing the
Gazette Notification in Supplement to Part-II Notification No.46-A, dated 15-11-2001 by
notifying the land in Sikindlapur Mandal, Medak District as the properties of the Andhra
Pradesh State Wakf Board including the lands which are in the petitioner possession
and enjoyment in an extant of Ac.665.23 Guntas in Sy.No.33 to 38, 42, 43, 45 to 50,
51(part), 52 to 54, 56, 59 (part) 60 to 68, 70, 72 to 74 and 76 to 87 of Sikindlapur vide
S.No.18293 without conducting Survey and without putting the occupants on notice as
arbitrary and illegal and contrary to the provisions of Waqf Act, 1995 and apart from
being violation of fundamental rights guaranteed to the petitioner under Article 14, 19 &
21 of Constitution of India and consequently set aside the Gazette Notification in
Supplement to Part II Notification No.46-A, dated 15- 11-2001 in so for as the land in an
extant of Ac. Ac.665.23 Guntas in Sy.No.33 to 38, 42, 43, 45 to 50, 51(part), 52 to 54,
56, 59(part) 60 to 68, 70, 72 to 74 and 76 to 87 of Sikindlapur against S.No.18293.

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in herein and upon hearing the arguments of SRI V. R. REDDY KOVVURI
Advocate for the Petitioners, GP for Revenue (TG) for Respondent Nos.1 to 3 and 5 to
8 and of Sri Mirza Safiullah Baig, SC for respondent No.4.

WP :31561 of 2014
Between:
1 Smt.Safiya Begum, W/o Late Fayazuddin
2 Riyasuddin, S/o Mohiuddin
..... Petitioners
AND

Andhra Pradesh State Wakf Board, Razzak Manzil, Opp. Public Gardens, Nampally,
Hyderabad, Represented Through its Chief Executive Officer.
.....Respondent

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the Affidavit filed here in the High Court will be pleased to
issue a Writ of Certiorari or any other appropriate writ or writs, order of direction, to call
for the records pertaining to Notification issued supplement to part-II of A.P. Gazette
published by authority No.44-A, Hyderabad, on Thursday October 3rd 2002 under the
Head "Notifications by the Heads of Department Etc., Revenue Notifications, Andhra
Pradesh Wakf Board (Respondent herein), showing list of properties (Registered and
Unregistered in Bhodan Taluk of Nizamabad District of the Telangana Region
Surveyed under Sec.4(3) of the Wakf Act, 1954 and published under Sec.5(2), under
Serial No.22898, on page No.145, Serial No.10, Sy.No.693, an extent of Ac.2-13
guntas, Sy.No.537 total extent of 1-02 guntas situated at Doutiyal Tarfa, Bodhan
Mandal, Nizamabad District and Sy.No.665/1, 2, 3 to an extent of Ac.5-35 guntas
situated at Bellal Tarfa, Bodhan Mandal Nizamabad District total extent of Ac.9-10
guntas Vide Ref.File No.916/CWIV/65, as Wakf Lands, and quash the same as it is
published under repealed Wakf Act of 1954, and the same as it is published under
repealed Wakf Act of 1954, and the same is illegal and arbitrary and against the
principles of Natural justice infringing the rights of the petitioners under Art.300-A of
Constitution of India; award costs.

The petition coming on for hearing and upon perusing the petition and
affidavit filed herein and upon hearing the arguments of Sri NAZIR AHMED KHAN,
Advocate for the Petitioners and of Sri Mirza Safiullah Baig, SC for respondent.

WP :16293 of 2014
Between:
Qazi Khaja Jaleeluddin S/o Late Khaja Mohiuddin,
..... Petitioner
AND

Andhra Pradesh State Wakf Board, Razzak Manzil, opp Public Gardens,
Nampally, Hyderabad, rep through its Chief Executive Officer.
.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
issue a Writ of Certiorari or any other appropriate Writ or Writs, Order or Direction, to
call for the records pertaining to Notification issued vide Gazette No. 40-A Supp. Part II
P.148 dt 3.10.2002 at Sl. No. 22909 in respect of lands bearing Sy No. 73 - extent
Ac.0.07 gts, Sy No. 74 - extent Ac.0.38 gts, Sy No. 75 - extent Ac.0.13 guntas, Sy No.
79 - extent Ac.3.20 guntas, Sy No.80 - extent Ac.0.26 guntas, Sy No. 90 - extent
Ac.1.31 guntas, Sy No. 91 - extent Ac.2.20 guntas and Sy No. 92 - extent Ac.1.39
guntas situated at Pandu Tarfa, Bodhan Mandal, Nizamabad District and Sy No. 50 -
extent Ac.2.28 guntas situated at Chekki Tarfa, Bodhan Mandal, Nizamabad District,
as wakf lands, and quash the same as it is published under repealed Wakf Act of 1954,
and the same is illegal and arbitrary and against the principles of natural justice
infringing the rights of petitioner under Art 300-A of Constitution of India; Award costs. .
.

WP :17599 of 2014

Between:
Sher Ali Shah, S/o.Late Manzoor Ali Shah
..... Petitioner
AND

1 The State of Telangana Rep. by its Principal Secretary, Minorities Welfare
Department,
Secretariat at Hyderabad.
2 A.P. State Waqf Board Rep. by its Chief Executive Officer, Haj House Complex,
Opp:
Public Garden, Nampally Road, Hyderabad.
3 The Station House Officer Rural Police Station, Nizamabad Town & District.
4 The District Collector Nizamabad, District Nizamabad.
.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
issue a Writ, Order or Direction more particularly one in the nature of "Writ of
Mandamus" by declaring the action of the Official Respondent Nos.1 & 2 more
particularly Respondent No.2, as arbitrary, illegal, highhanded, and discriminatory in
interfering into the private Inam Land of the Petitioner in Sy.No.307, admeasuring
Ac.06-04 guntas, Situated at Kanteshwar, Nizamabad, by falsely claiming as Waqf
property, thought it is a neither a Waqf Property nor a Gazette Notified and harassing
the Petitioner and his tenants by issuing notices and making police complaints and
consequently direct the Respondent No.2 not to meddle into the Petitioner's said land in
Sy.No.307 by issuing notices or any police complaints.

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the order of the High Court order dated 10/09/2015
made herein and upon hearing the arguments of SRI NAZIR AHMED KHAN, Advocate
for the Petitioner, GP for Social Welfare for Respondent No.1, Sri Mirza Safiullah Baig,
SC for respondent No.2, GP for Home for Respondent No.3 and of GP for Revenue for
Respondent No.4, the Court made the following.

WP :33133 of 2014

Between:
M/ s. Solithro Private Limited, (A company incorporated under Companies Act), Office
at F-2, Adarsh Apartments, H.No. 1-1-581, Gandhi Nagar, Hyderabad, Rep. by its
Director Sri.Tatambhotla Shankar Prasad.
..... Petitioner
AND

1 The State of Telangana, (Formerly Government of Andhra Pradesh), Rep. by
its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2 The Andhra Pradesh State Waqf Board Rep. by its Chief Executive Officer Haj
House, Opp: Public Garden, Nampally, Hyderabad.
3 The District Collector, Medak District at Sanga Reddy.
4 The Revenue Divisional Officer, Medak Division, Medak District.
5 The Tahsildar, Shivampet Mandal, Medak District.
.......Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the Affidavit filed here in the High Court may be pleased to
issue a Writ or order or direction, more particularly one in the nature of Writ of
Mandamus, declaring the action of the respondents Nos. 1 & 5 in publishing the Andhra
Pradesh Gazette No. 46-A, dated: 15.11.2001 by notifying the list of properties of
Andhra Pradesh State Waqf Board in Narsapur and Siddipet Taluks of Medak District
including the lands of the petitioner in Sy.Nos.136, 137, 227 & 228 of Shabhashpally
Village, Shivampet Mandal, Medak District vide Serial No.18333 without conducting
survey and without any notice to the occupants as bad arbitrary, illegal and contrary to
the Provisions of the Waqf Act, and consequently, set aside the said Gazette
Notification No. 46-A, dated: 15.11.2001 in so far as the lands of the petitioner are
concerned;

The petition coming on for hearing and upon perusing the petition and affidavit filed
herein and upon hearing the arguments of SRI C.DAMODAR REDDY, Advocate for
the Petitioner, GP for Revenue (TG) for Respondent Nos.1, 3 to 5 and of Sri Mirza
Safiullah Baig, SC for respondent No.2

WP 40252 of 2014
Between:
1 Bellidiga Gangadhar, S/o.Late Bhoomanna,
2 Smt.Bellidiga Laxmi Bai, W/o.B.Gangadhar,
3 Smt.Tella Shailaja, W/o.Tella Kiran Kumar,
4 Kum.Bellidiga Sujana, D/o.B.Gangadhar,
5 Sri Tella Kiran Kumar, S/o. Late T.Hanmandloo,
..... Petitioners
AND

1 The State of Telangana, rep.by its Principal Secretary, Revenue Department,
Secretariat Buildings, Hyderabad.
2 The District Collector, Nizamabad Nizamabad District
3 The Revenue Divisional Officer, Bodhan, Nizamabad Dist.
4 The Tahsildar, Bodhan Mandal, Bodhan Nizamabad District.
5 A.P.State Wakf Board, Rep.by its Chief Executive Officer, Haj House, Opp.Public
Gardens, Nampally,Hyderabad,Telangana State.
6 Sri T.Raja Vithal, S/o.Lakshmi Kanthaiah, Near Post Office, Kummari Galli,
Siva Mandir Road, Bodhan Town and Mandal, Nizamabad District

.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
issue an appropriate writ order or direction more in the nature of WRIT OF
MANDAMUS declaring the District Gazette Notification issued in Supplement to Part-II
of A.P. Gazette No.40A dated 03-10-2002 so far as publishing the lands in Sy.No.502/
AA to the extent of Ac.10.35 guntas of Duddyal Tarfa Shivar, Bodhan Mandal,
Nizamabad District published as S1.No.22901 at Page No.146 of the Gazette and the
consequential memo issued by the 4th respondent in No.D/2453/2014, dated 11-12-
2014 as illegal, arbitrary without jurisdiction as the survey of the lands was conducted
under Sec.4(3) of the Wakf Act 1954 and published under Sec.5(2) of Wakf Act of 1954
after coming into force of the Wakf Act 1995 and conseuqntly direct the 3rd and
4threspondents to issue pattadar pass books and title deeds by mutating the names of
the petitioners in Revenue records against the lands in Sy.No.502/AA to the extent of
Ac.10.35 guntas of Duddyal Tarfa shivar, Srinivasa Nagar Panchayat Limits, Bodhan
Mandal, Nizamabd District forthwith.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed
herein and upon hearing the arguments of SRI M. SUBBA REDDY, Advocate for the
Petitioners, GP for Revenue (TG) for Respondent No.4, and of Sri Mirza Safiullah Baig,
SC for respondent No.5.

WP 24654 of 2015

Between:
1 Goguri Sachindra, S/o. G. Mohan Reddy,
2 Smt. Goguri Radha W/o. G.Mohan Reddy,
3 G. Mahindra S/o.G.Mohan Reddy,
4 Smt. Bandi Veeramani, W/o. Yellaiah,
5 Jampathi Narayana Reddy, S/o. Mamma Reddy,
6 G.Avinash Varma, S/o. Venkateswara Varma,
7 T.Sulochana Devi, W/o. T.Sudhakar Reddy,
8 Ragula Sailoo S/o. Narsaiah,
9 Perumandla Narsimhulu, S/o. Mallaiah,
10 Perumandla Anjaneyulu @ Anjaiah, S/o. Pentaiah,
11 Narsimhulu S/o. Pentaiah,
12 Koruparthi Gopal S/o. Ramulu,.

13 Koruparthi Balaiah S/o. Ramulu,
14 Thodumu Narsaiah S/o.Narsimhulu,
15 Machukuri Shankaraiah, S/o. Yellaiah,
16 Machukuri Harish S/o. Yellaiah,
17 Badikolu Venkat Reddy S/o.Gopi Reddy,
18 Badikolu Bhoopal Reddy S/o. Malla Reddy,
19 Toomula Narender Reddy S/o. RamReddy,
20 Badikolu Lakshmi W/o. Malla Reddy,
21 Badikolu Govind Reddy S/o. BalReddy,
22 Badikolu Shobha W/o. Late Goverdhan Reddy,
23 Badikolu Narsimha Reddy S/o. Jayaramreddy,

..... Petitioners
AND

1 Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, Haj House,
Opp:
Public Gardens, Nampally, Hyderabad.
2 State of Telangana, (formerly Govt. of A.P.) Rep. by its Principal Secretary,
Revenue
Department, Secretariat, Hyderabad.
3 The District Collector, Medak District at Sangareddy, Medak District.
4 The Revenue Divisional Officer, Medak Division, Medak, Medak District
5 The Tahsildar, Shivampet Mandal, Medak District.
.....Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased issue
Writ or Order or direction, more particularly one in the nature of Writ of Mandamus
declaring the action of the Respondents 1 & 2 in publishing the Andhra Pradesh
Gazette No. 46-A dt. 15.11.2001 by notifying the list of agricultural properties of Andhra
Pradesh State Wakf Board in Narsapur and Siddipet Taluks of Medak District including
the lands of the petitioners in Sy.Nos.126, 127, 128, 129, 130, 131, 141, 143, 149, 159,
160 to 172, 173, 175, 178 to 183, 181, 180, 181, 183, 189 to 192, 211, 213, 215 to 218
& 225 an extent of Ac.177.03 1/2 gts., of Shabhashpally Village, Shivampet Mandal,
Medak District vide SI.No.18333 without conducting survey and without any notice to
the petitioners or occupants as bad, arbitrary, illegal and contrary to the provisions of
the Wakf Act and consequently set-aside the said Gazette Notification 46-A dt.
15.11.2001 in so far as the lands of the petitioners are concerned.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed
herein and upon hearing the arguments of SRI T. SUDHAKAR REDDY Advocate for
the Petitioner, Sri Mirza Safiullah Baig, SC for respondent No.1 and of GP for Revenue
for Respondent Nos.2 to 5, the Court made the following:

COMMON ORDER:

All these cases are taken up for consideration for examination of the issue relating to the validity of publication of notification by the A.P.Wakf Board, when the old Act was in operation and it was published later on when the new Act came into operation.

The arguments were advanced on that point, but later on, the learned counsel want to advance arguments on the merits of the cases also, irrespective of the validity of the notification. This requires deeper consideration by this Court.

In view of the same, this Court is not inclined to confine its consideration to the above point. Hence, post all these cases after Dassera Vacation, 2015. In the meanwhile, both the parties shall maintain status-quo with regard to possession.

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Principal Secretary, Minorities Welfare Department, Secretariat, State of Telangana, Hyderabad.

2 The Chief Executive Officer, A.P. State Waqf Board, Haj House Complex, Opp:

Public Garden, Nampally Road, Hyderabad 1 The Principal Secretary, Revenue Department, State of Telangana, (Formerly Government of Andhra Pradesh), Secretariat, Hyderabad. 2 The District Collector, Medak District at Sanga Reddy. 3 The Revenue Divisional Officer, Medak Division, Medak District. 4 The Tahsildar, Shivampet Mandal, Medak District. 5 The Station House Officer Rural Police Station, Nizamabad Town & District.

6 The District Collector Nizamabad, District Nizamabad. 7 The District Collector, Nizamabad Nizamabad District 8 The Revenue Divisional Officer, Bodhan, Nizamabad Dist. 9 The Tahsildar, Bodhan Mandal, Bodhan Nizamabad District.

10. Sri T.Raja Vithal, S/o.Lakshmi Kanthaiah, Near Post Office, Kummari Galli, Siva Mandir Road, Bodhan Town and Mandal, Nizamabad District

11. One CC to Sri NAZIR AHMED KHAN Advocate (OPUC)

12. One CC to SRI V. R. REDDY KOVVURI Advocate (OPUC)

13. One CC to SRI T. SUJAN KUMAR, Advocate (OPUC)

14. One CC to SRI C.DAMODAR REDDY, Advocate (OPUC).

15. One CC to SRI M. SUBBA REDDY, Advocate

16. Two CCs to GP for Social Welfare (T.S),High Court Buildings, Hyderabad. (OUT)

17. Two CCs to GP for Revenue (T.G.),High Court Buildings, Hyderabad. (OUT)

18. One spare copy.

TVR HIGH COURT ARLRJ DATED: 10-09-2015 WP.Nos. :33950, 23622, 31561, 16293, 17599, 33133, 40252 of 2014 AND 24654 OF 2015 STATUS QUO Drafted: Tvr Dated 11-09-2015 HIGH COURT ARLRJ DATED: 10-09-2015 WP.Nos. :33950, 23622, 31561, 16293, 17599, 33133, 40252 of 2014 AND 24654 OF 2015 STATUS QUO

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