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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
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 Trimulgherry Village was in the name of Koh-e-Imam Zamin from 1330 Fasli (1920 AD) up to 1339 Fasli (1929 AD) as per the correspondence available in Tahsil’s File No.40/11 of 1343 Fasli. In 1339 Fasli corresponding to 1929 AD, the land was resumed by the Government from Koh-e-Imam Zamin and it was in the possession of the Government. In 1351 Fasli, i.e., 1941 AD, the Collector, Aatraf Balda District addressed the Letter No.1129 to the Tahsildar North th
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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.
Valid Waqf claims must include specific property details in gazette notifications; failure on this point allows third-party rights. High Court preserves property rights despite Waqf 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 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....
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