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 Wakf Act, 1995.

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:

i) petitioners in these Writ Petitions, who contend that it is private land belonging to them,

(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. 12548 of 2020 and also in W.P. No. 9709 of 2020), Joint Sub-Registrar and Registering Officers, Ranga Reddy District (respondent no. 6 in W.P. No. 20707 of 2018 and in W.P. No. 12548 of 2020), District Registrar, Ranga Reddy District (respondent no. 5 in W.P. No. 20707 of 2018), Principal Secretary, Home Department of State of Telangana (respondent no. 2 in W.P. No. 9709 of 2020), Revenue Divisional Officer, Serilingampally Mandal, Ranga Reddy District (respondent no. 4 in W.P. No. 9709 of 2020), Station House Officer, Miyapur Police Station (respondent no. 6 in W.P. No. 9709 of 2020), Mandal Revenue Inspector, Serilingampally Mandal, Ranga Reddy District (respondent no. 7 in W.P. No. 9709 of 2020) and Village Revenue Officer, Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District (respondent no. 8 in W.P. No. 9709 of 2020), who contend that it is Government land; and

(iii) the Telangana State Wakf Board (respondent no. 1 in W.P. No. 20707 of 2018 and respondent no. 2 in W.P. No. 12548 of 2020), Sultan Ahsan-ud-Dowla said to be Mutawalli and Sajjadanasheen of Dargah Hazrat Salar-E-Auliya (respondent no. 7 in W.P. No. 20707 of 2018 and in W.P. No. 12548 of 2020) and Dargah Hazrat Salar-E-Auliya (respondent no. 3 in W.P. No. 20707 of 2018 and respondent no. 8 in W.P. No. 12548 of 2020), who contend that it is wakf property.

Claim of the petitioners

3. Petitioners 1 and 2 in W.P. No. 20707 of 2018 contend that there was a preliminary decree passed on 28.06.1963 in C.S. No. 14 of 1958, a suit for partition filed by one Smt. Dildarunnissa Begum of the Matruka properties of Khurshhed Jah, a Paigah; by virtue of a partition final decree dt. 26.02.2010 passed by the then High Court for the State of Andhra Pradesh in Appln. No. 132 of 2010 in C.S. No. 14 of 1958, they, along with others, are absolute owners and possessors of land admeasuring Ac. 50.00 in Sy. No. 80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District; and that a Receiver-cum-Commissioner appointed by the said High Court had handed over possession of the land to them by way of panchanama.

They contend that the Telangana State Wakf Board is contending that the above land is Wakf property endowed to the Dargah Hazrat Salar-E-Auliya and the said Board had written a Letter in File No. M/35/SMTC/2005 dt. 16-6-2020 to the Sub-Registrar, Moosapet, Ranga Reddy District requesting him, with copies marked to respondents 4 and 5, not to entertain transactions such as sale and purchase, mortgage, transfer or alienation of lands in Sy. No. 80 of Hafeezpet village.

They seek a declaration that Gazette Notification contained in F. No. 16/RR/REG/2013 published in the Telangana State Gazette dt. 01-11-2014 and the Letter in File No. M/35/SMTC/2005 dt. 16-6-2020 are illegal, ultra vires the pr