THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.134 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. B.Mayur Reddy, learned Senior Counsel
representing Mr. Naseem Ara, learned counsel for the
appellant-Telangana State Wakf Board; Mr. J.Kanakaiah,
learned Senior Counsel for respondent Nos.1 to 7/writ
petitioners; and Mr. T.Srikanth Reddy, learned Government Pleader for Revenue for respondent Nos.8 and 10.
2. This appeal is directed against the order dated 20.08.2019 passed by the learned Single Judge allowing W.P.No.18521 of 2007 filed by respondent Nos.1 to 7 as the writ petitioners.
3. Respondent Nos.1 to 7 had filed the related writ petition seeking a declaration that inclusion of the lands belonging to them to an extent of 0-21 guntas in Survey 2 HCJ & NTRJ W.A.No.134 of 2020 No.507/E; 0-23 guntas in Survey No.507/E; 0-33 guntas in Survey No.511/AA; Ac.3-24 guntas in Survey No.12/1; Ac.1-38 guntas in Survey No.46/1 and 2; Ac.2-15 guntas in Survey Nos.507 and 511; and Ac.1-14 guntas in Survey No.507 respectively, situated at Durki Village, Birkur Mandal, Nizamabad District (briefly referred to hereinafter as 'subject land') in A.P.Gazette No.46-A dated 14.11.2002 is arbitrary and illegal and sought quashing of the same.
4. By the judgment and order dated 20.08.2019, learned Single Judge accepted the submission made on behalf of the writ petitioners that the issue raised in the writ petition was squarely covered by the decision rendered by this Court in W.P.No.19611 of 2012. It was observed by the learned Single Judge that impugned notification including the land of the writ petitioners as Wakf land was issued under the Wakf Act, 1954 which was repealed by Section 112 of the Wakf Act, 1995. Following the decision rendered in W.P.No.19611 of 2012, the writ petition was disposed of accordingly.
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W.A.No.134 of 2020
5. We find that in a batch of writ appeals being Writ Appeal No.318 of 2021 and batch, a division bench of this Court dealt with the said issue. Ultimately by the order dated 12.11.2021, division bench held that order passed by the learned Single Judge was justified and did not call for any interference. All the writ appeals were dismissed.
6. It further appears that against such dismissal of the batch of writ appeals, petitions for Special Leave to Appeal have been preferred by the Telangana State Wakf Board before the Supreme Court being S.L.P(C).Nos.4166- 4175 of 2022. By order dated 12.09.2022, Supreme Court has issued notice and by way of ad-interim order, has directed the respondents (writ petitioners) not to create any third party right.
7. Be that as it may, following the order of the division bench dated 12.11.2021, the present Writ Appeal is also dismissed. However, as directed by the Supreme 4 HCJ & NTRJ W.A.No.134 of 2020 Court, respondents (writ petitioners) shall not create any third party right till disposal of S.L.P(C).Nos.4166-4175 of 2022. There shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 27.02.2023 KL