Sri tvlulla Dawood v. The State of Telangana

Counsel for the Petitioner : SRI MD.ARSHAD AHMED Counsel for the Respondent Nos.1, 4 to 6 : AGP FOR REVENUE Counsel for the Respondent No.2 : SRI JEELANI, SC FOR WAKF BOARD Counsel for the Respondent No.3 : AG.P FOR SOCIAL WELFARE The Court at the stafJe of admission made the following ORDER ;Y Ill HON'BLE SRI ..IUSTICE C.V. BHASKAR REDDY WRIT PETITION No.71O of 2025 ORDER: This Writ Petition is filed unde r Article 226 of t]ne Constitution of India for the following reliei "..to issue utit or order or direction more parltcularlg in the nature of Wit of Mandamus more particularlg one in the nature of Wit of Mctndamus declaing the action of the respondent No.2 in issuing gazettee notiJlcation No.28 A dated 13.07.2O06 at 51.No.26244 declaing the subject lands in Surueg No.172 situated at leeja Village ancl Mandal of Jogulamba Godual Distict, tutthout anA authoitA ond. the action of the 6tt, respondents in issuing Lr.No.B/ 1595/2O24, dated 05.08.2024 and the Orders passed bA the 4th ctnd 5t,Respondent confonning the Lr.No.B/ 1595/ 2024 dated 05.08.2024 bg the 6,t' Respondent uide Orders beaing No.C1569/2O24 dated 06.08.2024 and Proc.No.Dl/331/2O21 dated 18.08.2024 rejecting the (TM 33) application made bg the petitioner beainq Appliccttion No.TM 2400070526 for Pctssbook Data Corection on the ground of Surueg number is under Wakf properties as being iltegal, arbitrary and unconstitutional apart from being in uiolotion of pinciples of natural justices and consequentlg set aside the impugned Gazette notifcation No.28-A dttted 13.O7.2O06 and therebg direct the 4th to 6th responclent to consider the (TM 33) Application made bg the petitioner by suspending the Cazettee notiftcation No.28A dated 13.02.2006 and fufther direct the respondent Nos.4-6 to issue E-pass book (neu.t pass books) and title deeds bg mutating the nanne of the petitioner for granting the benefits under uaious schemes and pass.."

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage. !-\3H \ \ 2

3. lt is stated that petitioner's father was the pattadar and possessor of agricultural land admeasuring Ac. 16.20 gts., in Sy.No.172, s,ituatcd at Ijah Village and Mandal, .Jogulamba Gadwal District and after his death, the petitioner is in peaccful possession ol- the said property and the revenllc authonties also mutatcd hi,s name in the revenue records and issued pattadar passbook uide Patta No.7080 uide pror:eedings No.A12723,t2013, dated 13.11.2013 to an extent of Ac.4.05 gts., in Sy.No 17.ZlA2 and Ac.4.O5 gts., in Sy.No.i72lA1, total admeasurirrg Ac.8. 10 gts. The case ol the petitioner is that the respondents u,l-rilc issuing e-pattadar passbook uide No.T020500€,3669 and Khata No.7O80 as per the provrsions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "1.he ROR AcL, 2O2O"), have only mentioncd an extent of Ac.2.O2O gts., instead of Ac.4.05 gts., in Sy.No.172/A2 l2 and Ac.6.O7 gts., inslead o[ Ac.S.10 gts., in Sy.No.I72/Al u'ithout issuing any rrotice or wiLhout conducting any erLquiry, therefore, hc has submittecl online application as pcr the provisions of the Act, 2O2O viCe No.TM 2400070526, daled 29.1)7.2024 seeking for data corr:ction of the entries and consequential issuance of the amenderl pattadar passbooks in respect of the subject property- Thr: grievance of the petitioner is tha: the satd onfine Y \ 3 application was rcjected by respondcnt No.6 by issuing Lr.No.B/ 1595 I 2024, dated 05.08.2024. Thereafter, respondent Nos.4 and 5, confirming the Lr.No.B/ tSgS /2024, dated C.5.Oa.2024, passed orders uide No.Cl569/2024, dated O6.Oa.2024 and further rejected the online application made by the petitioner uide Proc.No.Dl/33t/2021, dated 18.08.2O21 oh the ground that the survey number rs classified as Kidmatl-ri Devatha Inam and recorded in Wakf Board Gazeette No.2g A, datt'd I 3.O7.2006.

4. Mr. Jcelani, lcarned Standing Counsel for Wakf Board and learned Assistant Government Pleader for Revenue submits that the since the property is depicted in the Gazette notification as Wakf property, the respondents have rightly rejected the application of the petitioner either for amending the revenue records or for issuance of pattadar passbooks.

5. A careful reading of the orders passed by the District Collector uide Proc.No.D 1/331 /2021, dated 18.O8.2021 rejecting the online application submitted by the petitioner , would reveal that as per Khasra pahani, Sy.No. 172, total to an extent of Ac.16.2O gts., is classified as Kidmathi Devatha Inam and recorded in Wakf Board Gazette No.28-A, dated 13.O7.20O6 4 at S1.No.262,14. Unlcss the extent recorded in the nanle of the wakf boarcl is deleted by following due proc ess of [arv, thc petitioncr is 11oL entitlcd to make any application sce king amendmcnt or conseqnential issuance ol the pattadar passbooks .al; per the provisions of the Act, 2O2t) 6 In vie'v of the above, this Writ Pctition is dismissed. Howcvcr, if the pctitior-rer is aggrieved with the gazeLte notification date ci 13 .O7 .2006, he is at fiberty to avail appropriate remedies as available under larv. J'here sl-rall bq no order as to cr)s ls. As a sequel, the miscellaneous pctitions pendin6;, if any, shall stan d closecl. To //TRUE COPY// SD/. P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR ,<.: l ')\l\_-: \iSECTION OFFICER 1 2 J 4 5 b 7 o

9. 10 11 The Principal Secretary, Revenue Department Secretariat, gtate of Telangana at Hyderabad. The Chief Exec;utive Officer, Telangana State of Wakf Board, Nampally, Hyderabad, Telangana. The Principal Secretary, Minorities Welfare Department, Secretariat, State of Telangana at Flyderabad. The District Collector, Jogulamba Gadwal District. The Revenue [)ivisional Officer, Gadwal Division, Jogulamba Gadwal District. The Tahsrldar, Leela ltrlandal, Jogulamba Gadwal District. Two CCs to GF, FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OIJT] Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI tVD ARSHAD AHMED, Advocate [OpUC] One CC to SRI JEELANI, SC FOR WAKF BOARD (OPUC) Two CD Copier; SA BSR A HIGH COURT DATED:0810112025 ORDER WP.No.710 ot 2025 ( c \.) \..\ 1HE Srar.i;\ (' 1 E l'i'B 2025 _\_.,/ -.*,// -;'v DISPOSING OF THE W.P WITHOUT COSTS. G)ar''q .t{