✦ High Court of India · 13 Mar 2025

High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,203 words

....RESPONDENTS i Petition Under Article 226 of the Co stitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction ore particularly Writ of [\/andamus declaring the action of the respondents in rtot enquiring the illegal encroachment of agricultural land admg., Ac.65-12 gts., irl Sy. NOs 3, 8, 12, 18,63, 176,177, 178, 218,256 and 274 situated Buruguf,ally villLge, Vikarabad mandat and District and landed prcperty admg., Ac. 45-+ gts., in Sy. Nos. 36, 32, 42 anC 267 of Dargah Hzt. Khaja Syed Mohammed Gul m Rasool Nayab Shaheed -e -Naaz h chisti Qarandari Mirzai without proper enquiry and taking steps to issue ppBs and TDs to illegal encroachers as ilegar, arbitrary and viorative of principres of naturar justice and consequenry direct the respondents not to issue ppGs and rDs to illegal encroachers in the ongoing process of purification of revenue records. l.A.NO:1 oF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the cause titre with regard to respondent No.6 in w'P' No 547712019 as we, as in r.A. No.1/19 as Terangana State wakf Board, rep' By its c E'o., Nampary, Hyderabad rnstead of the chief Executive officer, Telangana State Wakf Board, Hyderabad in the interest of justice. l.A.NO:1 OF 2019 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 5 not to issue ppB and TD in favour of illegal encroachers and unauthorized persons in the present ongoing process of purification of revenue records through Dharani website in respect of agricurturar land admg., Ac. 65-12 gts., in Sy. NO,s. 3, B, 12, 18,63, .176, 171,1tB,218,256 and 274 situated at Burugupaly viflage, Vikarabad mandar and District and property admg., Ac. 45-36 gts., in Sy. No s. 36, 37, 42 and 261 of Dargah Hzt. Khaja syed Mohammed Guram Rasoor Nayab shaheed e Naaz chisti ealandari Mirzai pending disposal of the writ petition in the interest of justice. l.A.NO:2 OF 2019 Between: 1 2 Mohd. Nooruddin. S/o tr/ohd Gayasuddin, Aged 30 years, Occ.Sajjada Nasheen (priest of DAroarrl.R/o. H.N;"1 _db,' iYJIgr;,,v vilage, Madsoot Chittampaly post. Vikar;baa t;trq tik;r;;; fiffii" Mohd. Raziuddin. S/o.A/ohd. Gayasuddin, Aged 43 years, Occ. Business, 1o. t1llo 1-63, BurgupatLv urrr6", tiriiboic[iiij#prrrv post, Vikarabad taluq, Vikarabad Distiict. AND .....PETITIONERS 1 State of Telanqana. Re Department, Sicretaria p.b t,H 2. The District Collector, Vikarabad, Vikarabad District y its Principal Secretary, Revenue yderabad.

3. The Revenue Divisional Officer 4. The Tahsildar, Vikarabad. 5. The Inspector, Auditor Wakf Co 6 The Chief Executive Officer, Te Vikarabad I {ectorate, Vikarabad. lpngana State Wakf Board, Hyderabad I .....RESPONDENTS

7. The Telangana State Wakf Bo Offi cer, Nampally, Hyderabad + rd, rep by its Chief Executive ....PROPOSED RESPONDENT No.7 Petition Under section 151 cpc prayifrg that in the circumstances stated in the High Court may be pleased to WP.No.5477 of 2019 as well as in the affidavit filed in support of the petition implead the proposed respondent no 7 in lA.No.1 of 20'l g in the interest of justice. Counsel for the Petitioners : SRI M.V.VENU Counsel forthe Respondent Nos.1 to 4 : AQp FOR REVENUE Counsel for the Respondent Nos.s & 6 : SR M.A,MUZEEB The Court made the following ORDER .4. THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.5477 of 20t9 ORDER: Heard learned counsel appearing lor the petitioners and learned Assistant Government Pleader for Revenue and learned Standing Counsel lor the Wakf Board appearing for the respondents and perused the material on record.

2. Learned counsel lor the petitioners submits that this writ petition is hled by the petitioners questioning the action of the respondents in not enquiring the iliegal encroachment of agricultural lald admeasuring to arl extent of Ac.65-i2 guntas in Sy Nos.3, B, 12, 18, 63, 176, 177, l7B, 218, 256 arrd 274 situated Burugupally Village, Vikarabad Mandal and District and landed property admeasuring to an extent of Ac.45-36 guntas in Sy.Nos.36, 37, 42 and 267 of Dargah HzI. Khaja Syed Mohammed Gulam Rasool Nayab Shaheed-e-Naaz Chisti ealandari Mirzat, without proper enquiry and taking steps to issue._ \\ o sI(,J W.P.No.5477 ol 2O79 \ Pattedar Passbooks arrd Titfe Deeds to the illegal encroachers.

3. Learned Assistant Gover+ment Pleader for Revenue submits that the petitioners affected parties in the writ petftion ald also without any cause of action have hled the iinstant writ petition' The impleading proper i petitioners in their representatigns also have not given any particulars about the illega1 enproachers of the scheduled i property. If the respondents isslred any passbooks and title deeds, the petitioners have i to approach appropriate authorities for seeking to can$el the passbooks and title i i deeds as per their entitlemenp. Without doing so, the petitioners approached this Corlrt and filed the instant writ i| , -- petition and the same is liable t the dismissed. P In view of the

4. without going into merits of t$e case, the writ petition is m ons made by both sides, + S1 disposed of by granting liber[4 to the petitioners to make prgper application belore app[opriate authorities as Per ., SK,J W.P.No.5477 oJ 2019 1aw, if any grievance survtves. However, there shall be no order as to costs.

5. Miscellar-reous petitions, if any, pendine in this Writ Petition shal1 also stand closed. //TRUE COPY// SD/-KIBHAVANI SWAMY ASUSTIFNT REGISTRAR 6ECTION OFFICER To

1. The Principal Secretary, Revenue Department , Sec\otariat' State of Telangana at Hyderabad.

2. The Dlstrict Collector, Vikarabad, Vikarabad District. 3. The Revenue Divisional Officer, Vikarabad. 4. The Tahsildar, Vikarabad. 5. The lnspector, Auditor Wakf Collectorate, Vikarabad. 6. The Chief Executive Officer, Telangana State Wakf Board, Hyderabad 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

8. One CC to SRI M.V.VENU, Advocate [OPUC] 9. One CC to SRI M.A.IUUZEEB, Advor:ate (OPUC) 10.Two CD Copies SA GJ o 'irr= :'rji;-s1*. ul'\ zt\ 22 AUE zffi ;./ .. ,/ ].,,1 |] '. 'r\ :2." ;;7 HIGH COURT DATED:1310312025 ::, \.r . '\ ORDER WP.No.5477 of 2019 DISPOSING OF THE W.P WITHOUT COSTS. {

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