IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, A.RAJASHEKER REDDY, JJ.
Telangana State Wakf Board – Appellant
Versus
Perugu Radha Madhavi and Ors. – Respondents
WRIT APPEAL Nos.318, 319, 320, 321, 322, 326, 327, 328, 329, 356, 357, 360, 361, 363, 365, 366, 367, 368, 369, 370, 373, 375, 376, 382, 383, 384, 385, 386, 387, 388, 389, 392, 393, 394, 396, 397, 398, 400, 402 AND 428 OF 2021
Decided on : 12-11-2021
Constitution of India, 1950 - Article 226 - Registration Act, 1908 - Section 22-A - Wakf Act, 1954 - Section 4, 5, 6, 27, 112(1) - Wakf property - Telangana Abolition of Inams Act, 1955 - Writ petitioners were in physical possession of land in question - After coming into force of Telangana Abolition of Inams Act, 1955, writ petitioners, who were protected tenants, became pattadars of subject lands by virtue of 38-E Certificate granted by Revenue Divisional Officer, Hyderabad - Lands were sold by predecessor-in-title and various sale deeds have taken place from time to time - ORCs were granted in year 2005 and without granting any opportunity of hearing to petitioners or to predecessors-in-title, ORCs were cancelled by order passed by Joint Collector – Held, contention of learned Standing Counsels that only remedy available to petitioners is to approach Waqf Tribunal for setting aside Waqf Notification, if they are aggrieved by same, cannot be countenanced and same has to be rejected - Court while exercising power under Article 226 of Constitution of India is not denuded of power to deal with orders of Joint Collector to see whether orders that are passed are in accordance with procedure established by law or whether there was any violation of principles of natural justice - In third batch of Writ Petitions, grievance of petitioners was prohibition of registration of land on account of a Notification under issued Section 22-A of Registration Act based on Notification declaring lands as wakf - As Notification has been held to be bad in law, learned Single Judge was justified in quashing Notification issued under Section 22-A of Registration Act - Court does not find any reason to interfere with Order passed by learned Single Judge - Writ appeals dismissed.
JUDGMENT :
Satish Chandra Sharma, J.
1. Regard being had to the similitude in the controversy involved in the present cases, the writ appeals were analogously heard and by a common Judgment, they are being disposed of by this Court.
2. The present Writ Appeal and the connected Writ Appeals are arising out of a common order dated 11.02.2021 passed in W.P.No.5938 of 2006 and connected writ petitions passed by the learned single Judge. The common order is arising out of three group of writ petitions. They are reproduced as under:-
(B) W.P.Nos.17505, 18298, 19893, 19905, 19996, 20113, 20164, 20326, 20425, 20431, 20526, 20838, 23549 of 2009, 3310 OF 2011 and 7960 OF 2017 are filed questioning the Gazette Notification Supplement 2 Part-II No.6A, dated 09.02.1989 issued by the Waqf Board. These writ petitions are hereinafter referred to as ‘Second batch’.
(C) W.P.Nos.24100, 24102, 24104, 24105, 24109 of 2009 and 8780 of 2020 are filed aggrieved by the action of the Registration Authorities in refusing to register the subject documents on the ground that the said lands are included in the Prohibitory List under Section 22-A of the Registration Act, 1908 (in short ‘Registration Act’) being notified as property of Wakf Institution under Gazette No.6-A, dated 09.02.1989. These writ petitions are hereinafter referred to as ‘Third batch’.”
3. In the first batch of writ petitions, the petitioners have preferred Writ Petitions under Article 226 of the Constitution of India for quashment of the Order dated 25.02.2006 passed by the Joint Collector-II, Ranga Reddy District, setting aside the Order of the Revenue Divisional Officer, Ranga Reddy East Division, dated 07.01.2005, by which the names of the petitioners in the revenue records were directed to be deleted. By the same Order, the Occupancy Rights Certificates (ORC) granted to the petitioners and other persons were set aside and the Revenue Divisional Officer was directed to issue ORC in the name of the religious institutions. Various orders were passed by the Joint Collector in respect of large number of lands and a detailed chart in respect of the common order is reproduced as under:-
| Sl. No. | Appeal Case No. before the Joint Collector, Ranga Reddy District | (Aggrieved by the Order of the RDO, RR East Division) Lower Court Proceedings No. & Dated | Survey Numbers | Extent Acres Guntas |
| 1 | F1/337/2005 | J/4163/1986 7-1-2005 | 251, 252, 253, 254, 255 & 266 | 75-04 |
| 2 | F1/338/2005 | J/4162/1986 7-1-2005 | 275, 276, 277 | 42-00 |
| 3 | F1/339/2005 | J/4164/1986 7-1-2005 | 257, 260, 261 | 46-01 |
| 4 | F1/340/2005 | J/4165/1986 7-1-2005 | 259. 262, 269 & 270 | 45-28 |
| 5 | F1/4849/2005 | J/4165/1986 7-1-2005 | 259, 260, 269 & 270 | 45-28 |
| 6 | F1/4850/2005 | J/4162/1986 7-1-2005 | 275, 276, 277 | 42-00 |
| 7 | F1/4867/2005 | J/4164/1986 7-1-2005 | 257, 260, 261 | 46-01 |
| 8 | F1/4868/2005 | J/4163/1986 7-1-2005 | 251 to 256 | 75-04 |
| 9 | F1/4869/2005 | J/4165/1986 7-1-2005 | 259, 262, 269, 270 | 45-28 |
| 10 | F1/4870/2005 | J/4162/1986 7-1-2005 | 27 | |
The main legal point established in the judgment is the dismissal of the Writ Petition challenging the Gazette Notification, with the court granting the petitioner liberty to raise objections before ....
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
Court reinforced the principle that administrative refusals to register property must align with current legal standings, emphasizing adherence to principles of natural justice.
The court ruled that proper inquiry and adherence to statutory procedures are essential for valid Waqf declarations, invalidating the notification in this case.
The impugned addendum notification was issued without proper enquiry, violated principles of natural justice, and lacked sufficient evidence to establish the subject lands as wakf properties.
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