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N. V. SHRAVAN KUMAR
Lakshmi Nilaya Constructions – Appellant
Versus
State of Telangana – Respondent
ORDER :
(N.V. Shravan Kumar, J.)
1. Since the issues involved in these writ petitions are similar they are being disposed of by this common order with the consent of both the learned counsel.
2. The facts and circumstances of the cases are noted from W.P.No.22379 of 2023 as a lead matter.
3. These writ petitions are filed by the petitioners with the following prayers:
W.P. No.22379 of 2023
The Gazette Notification No.6-A dated 09.02.1989 was declared invalid for non-compliance with the Wakf Act, 1954, allowing petitioners to register their properties.
The court ruled that the inclusion of petitioners' land in the prohibition register was erroneous and directed rectification based on prior judicial decisions.
Court reinforced the principle that administrative refusals to register property must align with current legal standings, emphasizing adherence to principles of natural justice.
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
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 ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
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