IMPORTANT POINT
The survey conducted under Section 4 of the Wakf Act, 1954 is saved under Section 112(2) of the Wakf Act, 1995, and the notification dated 15.11.2001 is null and void as it was issued under the provisions of the repealed Act.

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 consideration in the writ appeal as well as the writ petitions. Therefore, the writ appeal and the writ petitions were heard analogously and are being decided by this common order. For the facility of reference, facts from W.A.No.1432 of 2016 are being referred to.

(i) FACTS:

3. One Smt. Azeez Bee and others filed applications before the Revenue Divisional officer seeking Occupancy Rights Certificate. The aforesaid applications were rejected by an order dated 18.12.1998. Being aggrieved, an appeal was filed which was also dismissed by an order dated 21.06.2001 by Joint Collector. The orders passed by the Revenue Divisional Officer and the Joint Collector were challenged by Smt. Azeez Bee and others in a writ petition, namely W.P.No.6107 of 2003, which was dismissed on 28.03.2006. The aforesaid order was upheld in a writ appeal, namely W.A. (SR) No.63303 of 2026, which was dismissed for default on appearance on 01.09.2006.

4. It appears that one Axis Engineers and others had purchased lands under various sale deeds measuring Acs.23.08 guntas in survey Nos.136, 137, 227 and 228 of Shabhaspally Village, Shivampet Mandal of Medak District (hereinafter referred to as ‘subject land’). The aforesaid lands were mortgaged to ING Vysya Bank Limited and State Bank of India. The subject land was sold in auction held on 26.12.2013 and 13.08.2014, which was conducted by ING Vysya Bank. The company purchased the subject land in the said auction and on 07.02.2014 and 16.08.2014 sale certificates were issued in their favour.

5. On the basis of the survey conducted in the year 1963 under the Wakf Act, 1954 (hereinafter referred to as ‘the 1954 Act’), a notification dated 15.11.2001 under Section 5 of the Wakf Act, 1995 (hereinafter referred to as ‘the 1995 Act’) was issued by the State Government by which the subject land was declared to be wakf property.

(ii) ORDER OF LEARNED SINGLE JUDGE:

6. The company thereupon, filed a writ petition in which the validity of the notification issued under Section 5 of the 1995 Act, dated 15.11.2001 was challenged. The learned Single Judge by an order dated 22.09.2016 inter alia held that writ petition does not suffer from delay and laches and the rule of exhaustion of alternative remedy is a rule of discretion and not a compulsion. It was further held that survey conducted under Section 4 of the 1954 Act is not saved under Section 112(2) of the 1995 Act. The learned Single Judge, therefore, quashed the notification dated 15.11.2001 and allowed the writ petition. In the aforesaid factual background, the Wakf Board has filed this appeal.

(iii) SUBMISSIONS ON BEHALF OF WAKF BOARD:

7. Learned Senior Counsel for the Wakf Board has submitted that the survey carried out under Section 4 of the 1954 Act is saved under Section 112(2) of the 1995 Act.