Telangana High Court
Smt. Abida Begum vs The State Of Telangana on 6 March, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.6894 of 2025
ORDER:
This writ petition is filed seeking following relief:
"For the reasons stated in the accompanying affidavit, it is hereby prayed
that this Hon'ble Court may be pleased to issue any writ order or direction more
in the nature of Writ of Mandamus declaring the action of the respondents more
particularly respondent no.2 in taking steps to put petitioners properties i.e.,
lands admeasuring Ac.12-26 gts in survey nos. 73,74,75,79,80,90,91,92
situated at Pandu Tarfa and land admeasuring Ac.8-00 gts in Sy. No.50,80,85
situated at Chekki Tarfa and land admeasuring Ac.1-03 gts in Sy.No.199
situated at Douthyal Tarfa of Bodhan Mandal, Nizamabad district, which are
private lands as per ORC issued by Sub-Collector, Bodhan, dt.30.10.1977,
under AUTO LOCK basing on the letter dt. 14.12.2023 issued by respondent
no.5 on the ground that the properties are waqf properties as per Gazette
Notification No.40-A dt.3.10.2002, as illegal, arbitrary, contrary to law and
orders passed by this Hon'ble court in W.P.no. 19611 of 2012, W.A.No.700 of
2019, W.P.No.2132 of 2020, W.P.No.22365 of 2024 whereby the Gazette
Notification No.40-A dt.3.10.2002 is quashed by this Hon'ble court and
confirmed by Hon'ble Division Bench in writ appeal and consequently direct the
respondents not to put the subject properties of the petitioner under the
prohibited list or not to put them under AUTO LOCK pursuant to letter of
respondent no.5 on the basis of Gazette notification 40-A dt.3.10.2002 which is
quashed by this Hon'ble court and to pass such other order or orders as this
Hon'ble Court may deems fit just and proper in the circumstances of the case."
2. It is stated that originally one Abdul Sattar was the
inamdar of vast extents of land admeasuring Acs. 88.23 guntas in
Survey Nos.25, 73, 74, 75, 79, 80, 81, 90, 91, 92, 265/1, 265/3,
265/2, 265/4, 711, 713, 752 and 753, situated at Pandu Tarfa, Survey
Nos.49, 50, 52, 80, 85 and 328, situated at Chekki Tarfa, Survey
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Nos.519 and 520, situated at Dodyal Tarfa and Survey No.199, situated
at Douthyal Tarfa of Bodhan Mandal. After his demise, Sri Khaja
Mohiuddin inherited the above property by virtue of succession. After
the death of Sri Khala Mohiuddin, his children namely Khaja
Khaleeluddin and Khaja Jaleeluddin, who is the husband of the 1st
petitioner succeeded to the above property. The Sub-Collector, Bodhan
after conducting due enquiry issued Occupancy Rights Certificate (ORC)
vide proceedings No.1/158/75 dated 30.10.1977 in favour of the
husband of 1st petitioner and his elder brother. 1st petitioner's husband
Khaja Jaleeluddin was granted land to an extent of Ac.14.10 guntas in
Survey Nos.25, 73, 74, 75, 79, 80, 90, 91 and 92, situated at Pandu
Tarfa; land to an extent of Acs. 19.29 guntas in Survey No.519 of
Dudyal Tarfa; land an extent of Acs. 1.03 guntas in Survey No.199,
situated at Doutyal Tarfa; and land to an extent of Acs. 8.04 guntas in
Survey Nos.50, 80 and 85, situated at Chekki Tarfa (total extent of Acs.
43.06 guntas) and his elder brother Khaja Khaleeluddin was granted
land to an extent of Асs. 45.17 guntas in Survey Nos.81, 265/12, 711,
713, 752 and 753, situated at Pandu Tarfa, in Survey Nos.520, situated
at Dudyal Tarfa and in Survey Nos.49, 52 and 328, situated at Chekki
Tarfa. It is further stated that after obtaining ORC, Sri Khaja
Khaleeluddin sold the entre extent of land which fell to his share and
fraudulently also sold part of land which fell to 1st petitioner's
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husband's share. It is further submitted that the subsequent
purchasers are in possession of the property and patta pass books are
also issued to them and the revenue authorities also issued
e-passbooks and the petitioners are cultivating the lands which fell to
their share till date. It is further stated that the Waqf Board without
any right or title over the property, included the entire extent of land
i.e., Acs. 88.23 guntas in the A.P. Gazette No.40-A dated 03.10.2002 as
waqf property. The said gazette was challenged before this court by one
Sri. Gangula Laxman and 2nd petitioner herein in W.P.No.19611 of 2012
and this court vide order dated 22.03.2016 disposed of the said writ
petition by quashing the notification published in A.P. Gazette No.40-A
dated 03.10.2002. The Waqf board preferred W.A.No.700 of 2019 before
this Court challenging the order dated 22.02.2016 passed
in W.P.No.19611 of 2012. A Division Bench of this Court dismissed the
said Writ Appeal vide judgment dated 02.12.2021. It is further stated
that some other persons have filed W.P.No.2132 of 2020 before this
Court questioning the Gazette notification No.40-A dated 03.10.2002
and this Court vide order dated 06.02.2020 quashed the notification
dated 03.10.2002 and left it open for the Waqf Board to agitate its rights
in accordance with law against grant of ORC, if it is permissible. The
grievance of the petitioners is that during the life time of 1st petitioner's
husband, he submitted several representations to the revenue
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authorities to implement the ORC and issue pattadar passbooks in
respect of the land which fell to his share, but the revenue authorities
did not pass any orders as the land was notified in the Gazette
notification dated 03.10.2002.
3. Considered the submissions made by the learned counsel
for the parties and with their consent, this writ petition is disposed of at
the admission stage.
4. Learned counsel for the petitioners has submitted that
some persons filed W.P.No.5938 of 2006 and batch and this Court vide
common order dated 11.02.2021, taking into consideration the
provisions of the Waqf Act, 1954, has allowed the said batch of writ
petitions by setting aside the notification issued notifying the properties
of the petitioners therein as waqf properties. Aggrieved by the common
order passed by this Court in W.P.No.5938 of 2006 and batch, the Waqf
Board and the respondents therein filed an appeal vide W.A.No.318 of
2021 and batch on the file of this Court and the Division Bench of this
Court vide order dated 12.11.2021 has dismissed the said appeals
confirming the orders passed by the learned Single Judge in
W.P.No.5938 of 2006 and batch. It is further submitted that aggrieved
by the said order, the Waqf Board filed Special Leave Appeals Nos.4166-
4175 of 2022 on the file of the Hon'ble Supreme Court and the Hon'ble
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Supreme Court vide order dated 26.11.2024 dismissed the appeals. It is
further submitted that the litigation arising out of notifying the
properties of the petitioners as waqf property has attained finality in
view of the dismissal of the Special Leave Appeals Nos.4166-4175 of
2022 filed by the Waqf Board. The 1st petitioner's husband has made
representations to the revenue authorities to implement the ORC and
issue pattadar passbooks in respect of the land which fell to his share,
but the revenue authorities did not pass any orders as the land was
notified in the Gazette notification dated 03.10.2002.
5. Learned Assistant Government Pleader for Revenue has not
disputed the order dated 11.02.2021 passed by the learned Single
Judge in W.P.No.5938 of 2006 and batch, in allowing the said writ
petitions by setting aside the notification issued notifying the properties
claimed by the petitioners therein as waqf properties and also not
disputed the dismissal of the Special Leave Appeal Nos.4166-4175 of
2022 by the Hon'ble Supreme Court.
6. In view of the above facts, this Writ Petition is disposed of
permitting the petitioners to make an online application duly enclosing
the orders passed by this Court in W.P.No.5938 of 2006 and batch and
the orders passed by the Hon'ble Supreme Court in Special Leave
Appeal Nos.4166-4175 of 2022. In the event of such application being
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submitted by the petitioners, the respondents are directed to delete the
subject properties from the list of prohibited properties strictly in terms
of the provisions of Section 22-A of the Registration Act, 1908 and after
issuing notice to all the persons, who are affected by deleting the
properties, within a period of eight (08) weeks from the date of receipt of
a copy of this order.
Miscellaneous applications pending, if any, shall stand closed.
There shall be no order as to costs.
____________________________
C.V.BHASKAR REDDY, J
Date: 06.03.2025
KL
