ORDER

Heard Sri Mohammed I smail Khan, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 5 and Sri Farhan Azam Khan, learned Standing counsel for Waqf Baord appearing on behalf of the respondent No. 6.

The petitioner approached the Court seeking prayer as under:

“a. Declare the repeated interference and highhanded actions of the Respondent Forest Authorities in entering upon the subject Waqf property comprising Sunni Masjid Osmania Deeni Madarsa and Yousufain Old Age Home situated at Ananthagiri Hills Vikarabad District Telangana by orally directing the petitioner to vacate the premises thus interfering with the peaceful possession administration and management of the Waqf institution and disturbing the educational religious and recreational activities of the students without issuing any statutory notice or following the due process of law as illegal arbitrary unconstitutional without jurisdiction and violative of Articles 14 25 and 26 of the Constitution of India

b. Direct the Respondent Forest Authorities to recognize and give due effect to the proceedings of the Telangana State Waqf Board issued in FNo12RegistrationVKB2021 dated 05062023 pursuant to Resolution No1492023 dated 06042023 whereby Sunni Masjid Osmania Deeni Madarsa and Yousufain Old Age Home stands registered as a Waqf under Section 36 of the Waqf Act 1995 together with the consequential Muntakhab and the Official Telangana Gazette Notification dated 14092023 and not to act contrary thereto except in accordance with law.

c. Consequently direct the direct the Respondent Forest Authorities not to interfere with the peaceful possession administration management and enjoyment of the subject Waqf property comprising Sunni Masjid Osmania Deeni Madarsa and Yousufain Old Age Home situated at Ananthagiri Hills Vikarabad District Telangana and not to dispossess the petitioner or disturb the students staff or worshippers in any manner whatsoever except by following the due process of law and principles of natural justice.

The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

The petitioner herein is the Mutawalli of Sunni Masjid Osmania and Deeni Madarsa, situated at Ananthagiri hills, Vikarabad District. While so, the respondent forest authorities are interfering with peaceful possession, administration and management of the Waqf institution, without issuing any statutory notice and without following due process of law.

PERUSED THE RECORD:-

DI SCUSSI ON AND CONCLUSI ON :-

Learned counsel appearing on behalf of the petitioner, mainly puts-forth the follow ing submissions:-

1. The petitioner herein is the recognized Mutawalli of Sunni Masjid Osmania and Deeni Madarsa, situated at Ananthagiri hills, Vikarabad District.

2. The Sunni Masjid Osmania and Deeni Madarsa, situated at Ananthagiri hills, Vikarabad District, is a religious charitable institution established exclusively for the benefit of the Muslim community.

3. The Sunni Masjid Osmania and Deeni Madarsa, situated at Ananthagiri hills, Vikarabad District, have been conducting daily Namaz (prayers), imparting Deeni Taleem (Education) through the Madarsa and carrying on religious and charitable activities for several years.

4. The said institution is being administered in accordance with the provisions of the Waqf Act, 1995.

5. The Waqf property of the said institution runs approximately into 14,000 sq.yards.

6. Muntakhab also had been issued on 05.06.2023, duly entering the Sunni Masjid Osmania and Deeni Madarsa, situated at Ananthagiri hills, Vikarabad District, in the Book of Endowments, Volume-II, Page.No.186, Serial No.53 and the said registration itself confers statutory recognition upon the Waqf institution and its properties under the provisions of the Waqf Act, 1995.

7. While so, For