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N. V. SHRAVAN KUMAR, ALOK ARADHE
Telangana State Waqf Board – Appellant
Versus
Solithro Private Limited, Rep. By its Director – Respondent
ORDER :
ALOK ARADHE, J.
The intra-court appeal has been filed by Telangana State Wakf Board (hereinafter referred to as ‘Wakf Board’) against an order dated 22.09.2016 passed by the learned Single Judge by which writ petition preferred by M/s.Solithro Private Limited (hereinafter referred to as ‘company’) had been allowed and the notification dated 15.11.2001 notifying the list of properties situated at Narsapur and Siddipet Taluks of Medak District as properties belonging to the Wakf has been quashed. In W.P.No.23242 of 2008, the petitioner therein has assailed the validity of notification dated 15.11.2001 declaring the properties to be wakf property and has sought relief of de-notification of the land in survey Nos.33 to 38, 40, 42 to 70, 72 to 74 and 76 to 87 of Sikindlapur Village, Shivampet Mandal, Medak District. In W.P.No.19205 of 2019, the petitioner seeks a direction to Inam Tribunal cum Revenue Divisional Officer to decide file No.H/5652/98 by issuing pattadar pass book and title in favour of the petitioner in respect of the land measuring Acas.11.00 bearing Survey Nos.60 and 65 situated at Sikindlapur village, Shivampet Mandal, Medak District.
2. Similar issues arise for co
The court determined that a 41-year delay in issuing a notification declaring land as wakf property was unreasonable, rendering it invalid, and affirmed that such matters could be addressed in writ p....
The court established that a determination by the Wakf Board under Section 27 of the 1954 Act is final and cannot be revisited, reinforcing the principle of res judicata in property claims.
The court ruled that proper inquiry and adherence to statutory procedures are essential for valid Waqf declarations, invalidating the notification in this case.
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.
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 constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
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