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A.ABHISHEK REDDY
Megavath Sardar – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard Sri E.Madan Mohan Rao, the learned Senior Counsel appearing for the petitioners the learned Government Pleader for revenue for respondent Nos.1, 2, 4 and 5, and Sri Abu Akram, the learned Standing Counsel for respondent No.3-Wakf Board. With their consent, the Writ Petition is disposed of at the stage of admission.
2. This writ petition is filed questioning the action of the respondent in showing the land belonging to the petitioners, admeasuring Ac.9.00 guntas, in survey No.280, Maheshwaram Village and Mandal, Ranga Reddy District, in the webland register/prohibitory list as wakf land.
3. Learned Senior Counsel appearing for the petitioners has stated that the subject land is a private patta land and Certificate of Ownership under 38-E of the Andhra Pradesh (Teleangana Area) Tenancy and Agricultural Lands Act, 1950 (for short, the Tenancy Act), was issued in favour of the petitioners grandfather viz., Lakiya, way back on 31.07.1975. Learned Senior Counsel has drawn the attention of this Court to the Munthakhab, dated 14-10-2005, issued by the Wakf Boads, which shows that one Syed Jamaluddin appears to have created a Munthakhab in favour of the Wakf Board, on the basis o
Notifications claiming property as Waqf land are invalid without proper survey and notice to concerned parties, emphasizing due process under the Waqf Act.
The court held that the Suit was within limitation and the plaintiff is entitled to the reliefs sought. The order registering the Waqf Institution Masjid and Graveyard with its property mentioned in ....
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.
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.
The finality of the Special Officer's decision under the Wakafs Act, 1978, and the overriding effect of the Act over other laws were central to the court's decision.
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