IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
Mohammed Muzaffaruddin – Appellant
Versus
The State of Telangana – Respondent
WP 13504/2025
O R D E R
Heard learned counsel for the petitioner, learned Government Pleader for Minority & Social Welfare appearing for respondent No.1, Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board appearing for respondent Nos.3 to 15, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.
2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to respondent Nos.2, 16 to 22 is not necessary for adjudication of the present Writ Petition.
3. The case of the petitioner, in brief, is that the property of the 2nd respondent situated at Bahlool Khan Guda Village, has been encroached by unofficial respondent Nos.16 to 22, and they are taking steps to obtain permission from GHMC authorities for undertaking construction therein, and as such he has approached the AP State Waqf Board-2nd respondent herein, by submitting a representation; and that in spite of the same, no action is taken thereon, as such he has filed the present Writ Petition.
4. Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board submits that since, the petitioner by his own admission admit to the fact of the subject property being the waqf property of the 2nd respondent, it would be under the jurisdiction of the Andhra Pradesh High Court, and for the said reason, the present Writ Petition is not maintainable.
5. I have taken note of the respective submissions made.
6. Admittedly, the subject property, in respect of which the present Writ Petition is filed, is a waqf property of the 2nd respondent, who is not amenable to the writ jurisdiction of this Court.
7. Further, taking note of the fact that the Waqf Act, 1995 provides for resolution of such disputes through the mechanism provided under the said Act, i.e., the Tribunal, this Court is of the view that the petitioner should approach the concerned Tribunal, and for the said reason, cannot file the present Writ Petition.
8. Granting liberty to the petitioner to avail remedies provided under Waqf Act, 1995, the Writ Petition is disposed of. No order as to costs.
9. Consequently, miscellaneous petitions, if any, pending shall stand closed.
_____________________ T. VINOD KUMAR, J
30th April, 2025.
Dt.30.04.2025
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