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2024 Supreme(Online)(Telangana) 48980
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N/A, J
Petitioner – Appellant
Versus
1st respondent – Respondent
Writ Petition | W.P. No. N/A | Appeal | File No. F2/IA-35/2010 | Appeal | Writ Appeal No. 745 of 2002
For the Appellants/Petitioners: Sri M. Damodar Reddy
For the Respondents: Sri Ashutosh Balchandra Joshi, Sri B. Mayur Reddy
The court upheld the validity of the Waqf Notification, emphasizing the requirement for proper procedures and notifications in declaring land as Waqf property, while allowing the petitioner to contest the matter in the pending appeal.
Headnote:(A) Waqf Act, 1995 - Sections 3(a), 3(r), 51, and 85; A.P. (Telangana Area) Abolition of Inams Act, 1955 - Section 24(1) - Challenge to Gazette Notification declaring land as Waqf property - Petitioner claims ownership of land based on historical records; however, the court found that proper procedures were not followed in declaring the land as Waqf under the Act - The court emphasized that the notification serves as official notice regarding waqf properties and that the petitioner must contest the appeal rather than seeking to annul the notification - The appeal process must be conducted independently of the Waqf declaration. (Paras 1-10)
(B) Natural Justice - The court ruled that the failure to notify relevant parties before declaring land as Waqf property violates principles of natural justice; however, the court declined to quash the notification, allowing the petitioner to raise objections in the appeal. (Paras 9-10)
Facts of the case:
The petitioner challenges the legality of a Gazette Notification declaring certain lands as Waqf property while asserting ownership based on historical documentation. The notification was contested by the 4th respondent, claiming rights over the land as Muthawalli of the Dargah.
Findings of Court:
The court dismissed the writ petition, allowing the petitioner to raise objections in the pending appeal rather than quashing the Waqf declaration.
Issues: The primary issues included the legality of the Gazette Notification and the proper procedures followed regarding the declaration of the land as Waqf property.
Ratio Decidendi: The court held that the Gazette Notification serves as an official notice of waqf properties, and the petitioner must pursue the appeal process rather than seeking to annul the notification.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner claims ownership of land. (Para 1 , 2) |
| 2. dispute over land as waqf property. (Para 3 , 4) |
| 3. arguments regarding legality of waqf notification. (Para 5 , 6) |
| 4. counterarguments on waqf property classification. (Para 7) |
| 5. court's observations on appeal process. (Para 8 , 9) |
| 6. writ petition dismissed; appeal to proceed. (Para 10) |
O R D E R :
Petitioner questions A.P. Gazette Notification No. 28-A, dated 13.07.2006 which included land in Survey Nos.95, 96, 97 and 98 at Sangala Village, Gadwal Mandal, Mahabubnagar District as waqf property, as illegal. Consequently, a direction is sought to the 1st respondent to dispose of the pending Appeal in File No. F2/IA-35/2010 filed by the 4th respondent against grant of Occupancy Rights Certificate (ORC) granted by the 2nd respondent in respect of the above land in favour of petitioner and his family members without being influenced by the Gazette Notification.
2. Petitioner and his brothers claim to be the absolute owners of the subject agriculture land. The land's historical classification as Kyrathi Inam is documented in Khasra Pahani 1954-55 and Sethwar 1334 Fasli. Gadwal Samasthan initially settled the land in favour of Abdul Khader, with subsequent sale to Pasha's family in 1994. In response to the nature of the land governed by the AP(TA) Abolition of Inams Act, 1955 , Pasha and his family approached the 2nd respondent for an ORC.
It is stated that the 2nd respondent, after thorough inquiry and local inspection, on 19.02.2009 in file No. B / 5795 / 2000 granted ORC in favour of petitioner and his family members and the same was implemented in Revenue Records by recording their names as pattadars and possessors.
While so, the 4th respondent claiming to be Muthawalli of Dargah, filed an Appeal under Section 24(1) of the Abolition of Inams Act, 1955 . Relying on Gazette Notification No. 28-A dated 13.07.2006, the 3rd respondent notified the land as Waqf Property. The 4th respondent seeks to annul the ORC based on this Notification. It is further stated that no enquiry was conducted by any authority as required under Sections 4(3) and 5(2) to include the above land in the list of Waqf.
It is asserted that the notification is illegal, against natural justice and contravenes the 1954 and the 1955 Act. Reference is made to legal precedents ( W.P. No. 681/1997 ), indicating that notifications issued without due procedure were deemed illegal by the Hon'ble High Court. The Division Bench in Writ Appeal No. 745 of 2002 upheld the Single Judge's order. The Hon’ble Supreme Court dismissed the SLP against the Division Bench's judgment dated 21.03.2011.
3. One Syed Yaqoob Mohiuddin, who claims to be the Muthawalli of Dargah HZT Syed Shah Maroof Peer Quadri (RH) and its attached property situated at Sangal Village, Gadwal Mandal, Mahabubnagar District filed I.A.No. 1 of 2022 to implead himself as the 5th respondent to the Writ Petition. It is stated therein that himself and his brothers are absolute owners of the land in an extent of Acs.27.09 guntas in subject survey numbers at Sangala Village, Gadwal Mandal, Mahabubnagar District. Originally, the nature of the above land is being recorded as Kyrathi Inam in Khasra Pahani 1954-55 and also as per Sethwar 1334 Fasli. The Village Sangala is a Jagir Village under the Gadwal Samasthan and the said Samsthan have settled the above land in favour of one Abdul Khader as Inam land. After death of Abdul Khader, his grandsons namely Syed Abdul Haq Auadri and Abdul Kareem Quadri sold the said Inam land to petitioner and his family members in 1994.
It is stated that Munthakab No.70 of 1953 in file No.H/4518/A of RDO, Gadwal, lands bearing Survey Nos.1011, 1035, 1039 of Gadwal Village and present subject lands bearing Survey Nos. 95, 96, 97 and 98 of Sangala Village were permanently endowed in favour of Dargh Hzt. Syed Shah Maroof peer Quadri Rh. At Gadwal and in the said Munthakab it is clearly mentioned that the said lands are conditiona
