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2025 Supreme(Online)(Tel) 31614

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
Abu Sayeed Jaweed Ahmed – Appellant
Versus
State of Telangana – Respondent
WP 12192/2025



THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

It is stated that the petitioner is the owner and possessor

of the land admeasuring Acs.14.27 guntas in Sy.No.91 and Acs.11.13 guntas in Sy.No.92, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District, having purchased the same through registered sale deed, dated 29.03.1978. It is further submitted that the petitioner’s name was mutated in the revenue records i.e., Adangal Pahani, 1-B etc. It is further stated that the petitioner came to know that the subject property is included in the list of prohibited properties on the ground of issuance of A.P. Gazette No.6, dated 09.02.1989 under Section 5(2) of the Wakf Act, 1954 and subsequently, the Government issued addendum dated 08.02.2007 notifying the subject property as Wakf land at Serial No.2910. It is further stated that questioning the said notification, the petitioner filed W.P.No.657 of 2025 and this Court vide order, dated 08.01.2025 allowed the said writ petition in terms of the common order, dated 11.02.2021 passed in W.P.No.5938 of 2008 and batch. It is further stated that questioning the

common order, dated 11.02.2021, the Waqf Board had filed a batch of writ appeals vide W.A.No.318 of 2021 and Batch, which were also dismissed by a Division Bench of this Court on 12.11.2021. Being aggrieved by the Division Bench order, the Wqaf Board also filed SLA (C) No.4166-4175 of 2022 and the Hon’ble Apex Court has dismissed the said appeals on 26.11.2024 and confirmed the order passed by the learned Single Judge of this Court setting aside the notification and the said order attained finality. The grievance of the petitioner is that though the petitioner has made online applications, dated 28.02.2025 seeking to delete the subject property from the list of prohibited properties and to de-notify the same and consequently to issue pattadar pass book, the respondents did not consider the same. Hence, the present writ petition.

2. Considered the submissions made by the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

3. Sub-section (4) of Section 22-A of the Registration Act, 1908 confers the power on the State Government either suo motu or on an application by any person or for giving effect to the final orders of the High Court of Telangana or Supreme Court of India to proceed to de-notify, either in full or in part, the notification issued under sub-section (2) and the Rules made under the provisions of the Registration Act, 1908.

4. In the instant case, since it is stated by the learned counsel for the petitioner that the order passed by the learned Single Judge in batch of writ petitions setting aside the Gazette Notification No.6-A has attained finality and since the nature of the subject lands has been declared as patta land and since it is the specific case of the petitioner that he has made online applications, dated 28.02.2025 vide Transaction ID Nos.31T427500008247 and 31T428500007185 seeking for deletion of the subject property from the list of prohibited properties, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.2 and 3 to examine the said applications strictly in accordance with the provisions of the Registration Act, 1908 and taking into consideration the sale deed, adangal pahani and 1-B register, pass appropriate orders in accordance with law within a period of two (02) months from the date of receipt of a copy of this order and communicate the decision thereon to the petitioner.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

____________________________

C.V.BHASKAR REDDY, J

23.04.2025 gkv

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