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M.S.RAMACHANDRA RAO, T.VINOD KUMAR
Sai Pawan Estates Pvt. Ltd. – Appellant
Versus
Telangana State Wakf Board – Respondent
ORDER :
M.S. Ramachandra Rao, J.
1. Since these three Writ Petitions relate to land in Sy. No. 80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District and since common questions of fact and law arise in these three cases, they are being disposed of by this common order.
2. There is a three pronged contest/claim to land in Sy. No. 80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District among:
(ii) the State of Telangana represented by its Secretary, Minority Welfare Department (respondent no. 2 in W.P. No. 20707 of 2018 and respondent no. 1 in W.P. No. 12548 of 2020) and its Principal Secretary, Revenue Department (respondent no. 3 in W.P. No. 12548 of 2020 and respondent no. 1 in W.P. No. 9709 of 2020), District Collector, Ranga Reddy District (respondent no. 4 in W.P. No. 20707 of 2018, W.P. No. 12548 of 2020 and respondent no. 3 in W.P. No. 9709 of 2020), Tahsildar/Deputy Collector, Serilingampally Mandal, Ranga Reddy District (respondent no. 5 in W.P. No. 1
Point of law: it would be a travesty of justice to ask the petitioners to avail the lengthy, dilatory and expensive process by a Civil Suit before the Wakf Tribunal constituted under Sec. 83 of the W....
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
Valid Waqf claims must include specific property details in gazette notifications; failure on this point allows third-party rights. High Court preserves property rights despite Waqf claims.
Notifications claiming property as Waqf land are invalid without proper survey and notice to concerned parties, emphasizing due process under the Waqf Act.
The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
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