Maddineni Suresh Babu, vs The State Of Telangana,
2025 Latest Caselaw 6632 Tel

Citation : 2025 Latest Caselaw 6632 Tel
Judgement Date : 20 November, 2025

Telangana High Court

Maddineni Suresh Babu, vs The State Of Telangana, on 20 November, 2025

  THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

                 W.P.NO. 46005 OF 2018
ORDER:

In this writ petition, the petitioners are challenging

the action of the respondents No.1 and 2 in issuing Gazette

Notification dated 15.11.2001 under the Waqf Act, 1954.

2. Learned Senior counsel appearing for the

petitioners submitted that the issue of the validity of any

action taken under the Repealed Act has been considered

by the Division Bench of this Court in W.A.No.1432 of

2016, W.P.Nos.23242 of 2008 and 19205 of 2019 and vide

orders dated 04.12.2023, the Division Bench has held such

Gazette Notification to be invalid. A copy of the said

judgment is filed before this Court. Therefore, according to

him, the present writ petition has to be allowed.

3. Mr.Farhan Azam Khan, Learned Standing

Counsel for Wakf Board, however, submitted that in the

very same judgment, the Division Bench held that the

survey conducted under Section 4 of the Wakf Act, 1954, is

saved under Section 112(2) of the Wakf Act, 1995 and is

therefore valid and further submitted that the Wakf Board

has issued a subsequent Gazette Notification on the basis

of the very same survey and that the petitioners have not

challenged the subsequent Gazette Notification. He further

submitted that there is an amendment in the Wakf Act by

way of Amendment Act of 2025 and therefore, the

provisions of the earlier Acts also stand validated. He

therefore, submits that the writ petition has become

infructuous.

4. He further pointed out that Special Leave

Petition has been filed against the order of Division Bench

of this Court in W.A.No.1432 of 2016 and there is an

interim direction by the Hon'ble Supreme Court not to

create any third party rights. Therefore, the order of

Division Bench of this Court is subject to the final outcome

of the Special Leave Petition.

5. Having regard to the rival contentions and the

material on record, this Court finds that the petitioners are

challenging not the survey conducted under Section 4 of

the Wakf Act, 1954, but are challenging the Gazette

Notification dated 15.11.2001, issued under Section 5(2) of

the Wakf Act, 1954, even though the said Act has been

repealed and the Wakf Act, 1995, has come into force. The

Division Bench of this Court in W.A.No.1432 of 2016 has

considered the following issues:

(i) Whether the survey conducted under Section 4 of the Wakf Act, 1954, is saved under Section 112(2) of the Wakf Act, 1995?

(ii) Whether the notification dated 15.11.2001 has been issued under Section 5(2) of the Wakf Act, 1954 and is therefore nullity?

(iii) Whether the writ petition filed by the company suffers from delay and laches? and

(iv) Whether the Wakf Tribunal is the only authority under Section 6(1) of the Wakf Act, 1995 to examine the validity of the impugned notification dated 15.11.2001 and the same cannot be examined in a proceeding under Article 226 of the Constitution of India?

The issue No.1 has been held in favour of the Wakf

Board, while the issue No.2 has been decided in favour of

the petitioners therein. Therefore, the Gazette Notification

dated 15.11.2001 issued under Section 5(2) of the Wakf

Act, 1954, has to be held as a nullity. As it is stated that

respondent Wakf Board has issued subsequent Gazette

Notification under Section 1995 Act pursuant to the survey

conducted under Section 4 of the Wakf Act, 1954, which

has been held valid by the Division Bench of this Court, it

is for the petitioners to take appropriate steps to challenge

the same, if they choose to do so.

6. Accordingly, the writ petition is disposed of.