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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA, J
M. Satya Raju – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 5141 of 2012
For the Appellants/Petitioners: Sri L. Ram Singh
For the Respondents: Sri Abu Akram, Sri J. Venkateswar Reddy, Ms. Keerthi Kabra, Sri G. Madhusudhan Reddy
Disputes regarding waqf properties must be adjudicated by the Wakf Tribunal, which possesses full powers of a Civil Court in matters related to such properties.
Headnote:(A) A.P. (T.A.) Abolition of Inams Act, 1955 - Cancellation of Ownership Rights Certificates (ORCs) - The petitioner challenges cancellation by Joint Collector based on land status as waqf or personal inam land. The court held ongoing disputes necessitated referral to the Wakf Tribunal as resolution requires factual findings. (Paras 1-16)
(B) Jurisdiction of Wakf Tribunal - Disputes related to waqf properties must be resolved in Wakf Tribunal, with powers equivalent to Civil Court, ensuring appropriate resolution of matters involving waqf lands. (Paras 14)
Facts of the case:
The petitioners claim ORCs for lands originally granted to Abdul Sattar as personal inam lands. The Joint Collector annulled ORCs based on lands being waqf property, a determination contested by petitioners citing prior rulings.
Findings of Court:
The court found that due to disputed factual questions surrounding land classification, the matter warranted remittance to Wakf Tribunal for proper adjudication.
Issues: Whether lands at question are waqf lands or personal inam lands and rightful ownership amongst petitioners.
Ratio Decidendi: The court reaffirmed that disputes regarding waqf properties should be resolved by the Wakf Tribunal, which holds full jurisdiction under the Wakf Act.
Result: Writ Petition disposed of, parties directed to Wakf Tribunal.
| Table of Content |
|---|
| 1. background on land ownership and orc issuance. (Para 1 , 2 , 3) |
| 2. arguments regarding the status of the lands as waqf or private property. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's observations on the nature of land ownership and rights. (Para 11 , 12 , 13) |
| 4. the necessity of resolving disputes via the wakf tribunal. (Para 14 , 15) |
| 5. final conclusion to remit the case to the appropriate forum. (Para 16) |
ORDER:
This Writ Petition questions the proceedings of the 3rd respondent – Joint Collector, Nizamabad District dated 07.02.2012 which ordered cancellation of ‘Ownership Rights Certificates’ (ORCs) issued in favour of petitioners with respect to lands in Survey Nos. 519 and 520, to an extent of Acs. 40.04 guntas situated at Dudiyal Tarfa of Bodhan Mandal, Nizamabad District issued by the Sub-Collector, Bodhan vide proceedings dated 30.01.1987.
2. The case of petitioners is that originally, late Abdul Sattar is pattadar of the subject land. The Nizam Government issued Muntakab in 1295 Hijri which says that Late Abdul Sattar is entitled for land to an extent of Acs.87.22 guntas which was given as Madad-i- Mash, and the same has to be included in Khalsa. After the death of Abdul Sattar, his only son Khaja Mohiuddin became the possessor of the above land, on whose death, his two sons Khaja Khaleeluddin Quadri and Khaja Jaleeluddin became the possessors of land.It is stated, M. Venkata Raju, father of the 8th petitioner along with M. Satyaraju, husband of the 2nd petitioner and father of petitioners
3 to 5, Vegiraju Ramaraju, father of the 7th petitioner, purchased the said land in 1962 from Khaja Khaleeluddin Quadri. All the three purchasers made an Application to the Sub-Collector, Bodhan in 1986 for issuance of ORCs. under the provisions of the A.P. (T.A.) Abolition of Inams Act, 1955. After conducting due enquiry, the Sub-Collector granted ORCs. vide proceedings dated 30.01.1987 under Section 5(1) read with Section 10 . Questioning the said order, Khaja Khaleeluddin filed Writ Petition No. 13994 of 1987 wherein this Court granted stay and later, the said Writ Petition was withdrawn by the legal heirs of Khaleeluddin on his death on 18.08.1998.
While the matter stood thus, the Revenue Divisional Officer, Bodhan vide letter dated 19.05.2001 addressed the Joint Collector, Nizamabad recommending for cancellation of ORCs., without issuing notice, that too after 12 years. However, the Joint Collector issued proceedings dated 29.06.2001 cancelling the ORCs. as per G.O.Ms. No. 1020 dated 05.10.1994 as amended by Act 19 of 1994. Questioning the said proceedings, petitioners are stated to have filed Writ Petition No. 14464 of 2001 wherein this Court quashed the proceedings of the Joint Collector and remanded the matter to the Joint Collector, Nizamabad to dispose of the case on merits by giving opportunity to all the persons. Consequently, the 3rd respondent issued notice to petitioners as well as the 6th respondent who filed earlier an Application under Section 24 of the Abolition of Inams Act claiming right over the subject land. The 3rd respondent, on an erroneous view of law and facts, vide proceedings impugned, ordered for cancellation of ORCs. dated 30.01.1987 and directed the 5th respondent to incorporate the necessary changes in the revenue records. In the said order, it is stated, the 3rd respondent had clearly observed that Khasra Pahani of 1954-55 is showing the name of Khaja Khaleeluddin from whom petitioners purchased the land; further, it is stated, the Application filed by the said Khaleeluddin for grant of ORC. was rejected by the Sub-Collector, Bodhan holding that the said lands are ‘Kidmatt’ Inam lands which will not come under the purview of the Act. The 3rd respondent said that the said lands are waqf land and notices in Form I & II under Section 4 of the A.P.(T.A.) Abolition of Inam Act,1967 was already issued on 29.11.1969 by the then Tahsildar, Bodhan and ‘Ryothwari Certificate’ was also issued in favour
