Telangana High Court
Smt. Duddukuru Lakshmi Parvathi vs State Of Telangana on 19 April, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 4703 OF 2024
ORDER:
This Writ Petition is filed to declare the letter of the 2nd respondent - Telangana State Waqf Board dated 04.10.2009 as illegal and improper and consequently, direct the 7th respondent - Deputy Commissioner to issue final commencement of work order in respect of building permit order dated 16.02.2024.
2. Heard Sri Syed Waheed Ali, learned counsel for petitioner, Sri Abu Akram, learned Standing Counsel for Waqf Board and Sri M. Dhanamjay Reddy, learned Standing Counsel for Corporation.
3. Dealing with the same proceedings impugned in this Writ Petition, this Court, by a detailed order passed on 27.03.2024, dismissed Writ Petition No. 12434 of 2023, operative portion of which reads as under:
" Perused the record. G.O.Ms.No. 15, dated 22.09.2020 provided protection to the waqf properties and framed certain guidelines. According to the said G.O., documents relating to transfer of property by way of sale are prohibited from registration under Section 22-A of the Registration Act. Further, no building construction permit shall be issued by the Municipal Corporations, Municipalities and Gram Panchayats in waqf properties for the purpose other than those authorised by the Minorities Welfare Department. Through the said G.O., government is very specific with regard to prohibition of 2 registration of documents and grant of building permission, hence, the action of the respondents cannot be found fault. If petitioner is aggrieved with the action of the respondents, at the threshold, he has to challenge the vires of the G.O. without challenging the same, petitioner approached this Court straight away seeking protection under Article 226 of the Constitution of India. The Writ Petition is therefore, liable to be dismissed.
4. In view of the same, this Writ Petition is also dismissed. No costs.
5. Consequently, the miscellaneous Applications, if any shall stand closed.
-------------------------------------- NAGESH BHEEMAPAKA, J 19th April 2024 ksld