The Telangana State Waqf Board vs Surampalli Narayana Birkur And 9 ...
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  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issued under the Wakf Act, 1954 which was repealed by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.

                               3                  HCJ & NTRJ
                                           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