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.

ORDER :

WRIT PETITION No. 18690 OF 2016

1. Heard Sri Dida Vijay Kumar, the learned counsel appearing on behalf of the Petitioners and learned Senior Designate Counsel Sri B. Mayur Reddy representing the Counsel on record, Mr. Abu Akram appearing on behalf of the 3rd Respondent Telangana State Wakf Board, Haj House, Nampally, Hyderabad.

2. The Petitioners filed the present W.P. No. 18690/2018 seeking prayer as under:

“To issue Writ of Mandamus by declaring the action of the Respondents in notifying the private patta lands of the petitioners in Sy. No. 2, 12, 17, 18, 19, 26, 27, 28, 29, 30, 54, 68, 69, 71, 72, 75, 95, 158, 179, 180, 181, 182, 183, 184, 187, 291, 292, 295, 338, 339, 364 and 365 situated at Kongara Khurd Village, Maheshwaram Mandal, Rangareddy District, being owned possessed and enjoyed from the times immemorial and covered by registered sale deeds and Occupancy Right Certificates as the lands of Darga Hajrath Syed Shah Raju Mohammed Hussain Kattal by issuing an Addendum to Wakf Properties in No. S4/RR/2006 published in the Andhra Pradesh Gazette No. 6, dt 8.2.2007 based on the proceedings of the Assistant Survey Commissioner of Wakf Ranga Reddy District dated 18.07.2004 as illegal unjust arbitrary in violation of the principles of natural justice and violative of Articles 14, 19, 21 and 300A of the Constitution of India apart from contrary to the various provisions of A.P. (Telangana Area) Abolition of Inams Act, 1955 and the Rules made there under and the Telangana Rights in Land and Pattadar Pass Books Act, 1971 and Rules made there under and consequently set aside the Addendum and the proceedings of the Assistant Survey Commissioner of Wakf Ranga Reddy District dated 18.07.2004 while directing the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the lands in question.”

3. The case of the Petitioners in W.P. No. 18690 of 2018, in brief, as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition, is as under:

(i) The Petitioners are absolute owners and possessors of extents of lands situated in Sy. Nos. 2, 12, 17, 18, 19, 26, 27, 28, 29, 30, 54, 68, 69, 71, 72, 75, 95, 158, 179, 180, 181, 182, 183, 184, 187, 291, 292, 295, 338, 339, 364 and 365 situated at Kongara Khurd Village, Maheshwaram Mandal, Rangareddy District, through Registered Sale Deed Documents.

(ii) Few of the Petitioners had became owners through their ancestors, few of the Petitioners had purchased the subject lands as per their respective sale deeds from their vendors and few of the Petitioners had purchased the subject lands as per their respective sale deeds from original pattadars (as explained at paras 1 to 8 in the affidavit filed by the Petitioners in support of the present writ petition) and the Petitioners had been in continuous possession of the subject lands since the date of their purchase and when the Petitioners approached the Sub-Registrar Office on 15.01.2018 to obtain the market value certificate, it was informed to the Petitioners that the subject lands are shown as Wakf lands and prohibited the registration in view of Addendum to Wakf properties in No. S4/RR/2006 published in the Andhra Pradesh Gazettee No. 6 dated 08.02.2007. Aggrieved by the same, Petitioners filed the present writ petition.

WRIT PETITION NO. 38740 OF 2023

4. Heard Sri D.Vijya Kumar, the learned counsel appearing on behalf of the Petitioner and learned Senior Designate Counsel Sri B. Mayur Reddy representing the Counsel on record Mr. Abu Akram appearing on behalf of the 2nd Respondent Telangana State Wakf Board, Haj House, Nampally, Hyderabad.

5.