Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Sujanashri Gavirneni – Appellant
Versus
State of Telangana rep. by its Principal Secretary, Revenue Department – Respondent
| Table of Content |
|---|
| 1. historical ownership and auction details (Para 1 , 2) |
| 2. commissioner's orders and partition suit outcomes (Para 3 , 4) |
| 3. challenging prohibition on registration claim (Para 5 , 8) |
| 4. subsequent petitioners' claims and issues (Para 6 , 7) |
| 5. court's requirement for valid recognition of waqf lands (Para 9 , 10 , 12) |
| 6. court's final ruling on invalidity of notification (Para 13 , 14) |
| 7. judgment outcome and closure (Para 15 , 16) |
ORDER :
T.MADHAVI DEVI, J.
W.P.No.36845 of 2017 has been filed seeking a Writ of Mandamus declaring letter No.3/WPO/KIZ/2011 dt.31.10.2011 and letter No.M1/54/RR/Prot/84-Supply-1 dt.10.12.2013 of respondent No.7 and Muntakhab No.54/M1/Tel-I/RR/84 dt.27.03.2004 published in A.P. Gazette No.22 dt.27.05.2004 at page No.599, as illegal and as contrary to Section 22A of the Registration Act, 1908 and consequently to set aside the same and suspend the proceedings to the extent it concerns the lands/plots of the petitioners in Survey No.66/1 situated at Trimulgherry Village, Secunderabad, Hyderabad District and to pass such other order or orders.
2. Brief facts leading to the filing of W.P.No.36845 of 2017 are that the land in Survey No.62 of Trimulgherr
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 the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
The court ruled that proper inquiry and adherence to statutory procedures are essential for valid Waqf declarations, invalidating the notification in this case.
The main legal point established in the judgment is the dismissal of the Writ Petition challenging the Gazette Notification, with the court granting the petitioner liberty to raise objections before ....
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.
(1) Creation of Wakf – Alleged use of suit land as burial ground prior to 1900 or 1867 is not sufficient to establish a Wakf by user in absence of evidence to show that it was so used.(2) Principle o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
