Akthari Begum vs Telangana State Of Wakf Board
2022 Latest Caselaw 3713 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

              WRIT PETITION No.15330 of 2020
ORDER:

Heard learned counsel for the petitioners, learned

Assistant Government Pleader for Revenue, and Sri Abu Akram,

learned standing counsel appearing for the Wakf Board.

2. This writ petition is filed praying to declare the action of

respondent No.2 in issuing the Gazette Notification No.40-A,

dated 03.10.2002, declaring the petitioners lands admeasuring

Ac.0.32 guntas in Survey No.265, Ac.0.34 ½ guntas in Survey

No.265 and Acs.3.11 guntas in Survey No.549 situated at

Kandakurthi Village, Renjal Mandal, Nizamabad District,

as wakf properties, as illegal and arbitrary.

3. A perusal of the said impugned Gazette Notification

No.40-A shows that the same was issued under Section 4 (3) of

the Wakfs Act, 1954. The said Act was repealed by the

enactment of Wakf Act, 1955. Under similar circumstances,

when Gazette Notification No.46-A, dated 14.11.2002, was

issued under the very same Section 4 (3) of the Wakf Act, 1954,

its validity was questioned, which was the subject matter of

W.P.No.33133 of 2014 and the said writ petition was allowed by

this Court, by an order dated 02.09.2016, by duly quashing the

Gazette Notification on the ground that the same was issued

under an enactment, which is not in force. This Court,

following the said judgment, disposed of another writ petition in

W.P.No.14479 of 2019, by an order dated 01.08.2019, by duly

setting aside the Gazette Notification No.46-A, dated

14.11.2002.

4. In view of the same, this writ petition is also allowed and

the impugned Gazette Notification No.40-A, dated 03.10.2002,

is quashed. However, it is open to the respondent - Wakf Board

to agitate its rights in accordance with law against the grant of

Occupancy Rights Certificate, if it is permissible in law.

Miscellaneous Petitions, if any, pending in this writ

petition shall stand closed.

____________________________________ MUMMINENI SUDHEER KUMAR, J Date:14.07.2022 KH

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION No.15330 of 2020

Date:14.07.2022 KH