High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in t[e nature of writ of mandamus declaring the action of the Bth respondent in handing over of excess land admeasuring Ac 03-00 Gt out of Acs. 103-00 Gt. in Survey No. 'l of Uppal Village and Mandal, Medchal lValkajgiri District to the Respondent No. 6 as. illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondent No. B to exclude the land admeasuring Ac. 03-00 Gt.in Survey No. 1 of Uppal Village and t\4andal, Medchal Malkajgiri District, take possbssion from the Respondent No. 6 and hand it over to the Respondent No. 11 in the interest of Justice lA 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 direct the Respondent No. 8 to exclude the land admeasuring Ac. 03-00 Gt.in Survey No. 1 of Uppal Villagre and Mandal, Medchal Malkajgiri District and Grant an interim injunction against the Respondent No.6 restraining it from making any. construction or earmarking the excess land for any project pending disposal of the writ petition, in the interest of justice. Counsel for the Petitioner: SRI SYED HUSSAIN Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respr:ndent Nos.2,8,9 and 10: GP FOR REVENITE Counsel for the Respondent Nos.3,4,5 AND 6: SRI GADRI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INIDA Counsel for the Respondent No.7: GP FOR LAND ACQUISITION Counsel for the Respondent No.11 : SRI FARHAN ASAM KHAN The Court made the following: ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: WRIT PETITION No.TSSZ of 2O2S The present writ petition is filed praying this Court to declare the action of respondent No.g in halding over the_ excess land of Acs.3.OO guntas out of Acs.l03.O0 guntas situated in Sy.No.l of Uppal Village and Mandal, Medchal_ Malkajgiri District to respondent No.6, as illegal and arbitrar5r and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioners are the interested persons as delined under Section 3 (k) of the Waqf Act, 1995 (for short 'the Act"). It is further stated that they are Sunni Muslims offering fateha and prayer in Dxga Hzt. Syed Rh., along with the attached land to an extent of Acs.3.00 guntas, situated in Sy.No. 1 of Uppal Village and Mandal, Medchal_Malkajgiri District. It is further stated that the subject properby was notifred as Waqf property published in A.p.Gazette No.6A, dated 09.02.1989 (Supplement ro part II) at S1.No.3005 and page No.252. It is further stated that the State Government has acquired the land admeasuring Acs.676.22 guntas situated in Sy.No. 1 of Uppal Village for various public purposes and out of the same, an extent of Acs.590.3g guntas was a_llotted to I CVBR, J Wp_7557 _2025 - different bodies and an extent of Acs.1O0.0O guntas was allotted to the Survey of India. It is further stated that instead of Acs.lOO.OO guntas, the Survey of India is in possession of Acs. 103:00 guntas as per the Digital Surveyor, GeoMap Systems Private Limited, Hyderabad uide report in Lr.No.GMS/RDO/08- Og llOO4, dated, 29.O4.2OO8. It is further stated that infact, the Survey. of India has been allotted the land to an extent of Acs. 1OO.00 guntas uide G.O.Ms.No.568, dated 20.O3.1963. Disputing that the Survey of India is in possession of excess land of Acs.3.00 guntas, the present writ petition is filed.

3. Considered the submissions of the learned counsel for the respective parties and \Mith their consent, this writ petition is being disposed of at the admission stage.

4. Admittedly, respondent No.6-the Survey of India is alleged to have been in possession of the land for more than 85 years from the date of allotment by the State Government. If the petitioners are having aly interest to protect the Waqf property, they are at liberty to approach the competent Waqf Tribunal by instituting a suit. At this length of time, it is not possible for this Court to examine the documents and come to a conclusion that the Survey of India is in possession of the excess land E CVBR, J Wp _7557_2025 basing on the report of the Digital Surveyor, GeoMap Systems Private Limited uide letter, dated 29.O4.2008 and the District Collector recommendations uide Lr.No.F3/7lO/2OO9, dated

11.11.2Q15 and the said issues are required to be examined by the Waqf Tribunal in a properly instituted suit. Hence, this writ petition filed and framed is misconceived and the writ petition is liable to be dismissed with costs.

5. Accordingly, this Writ Petition is dismissed with costs of Rs. 1O,00O/- payable to the Account No.62423627327 (Library) of the Telangana High Court Advocates' Association, Hyderabad within a period of two weeks from the date of receipt of a copy of this order and proof of payment thereof shall be filed before the Registry.

6. As a sequel, the miscellaneous petitions pending, if any, sha-ll stand closed. MEMORANDUM OF COSTS w.P.NO.7557 oF 2025 Cost! Quantified by Hon'ble Court (That the Petitioners herein are directed to pay costs of Rs.10,0001 (Rupees Ten Thousand Only) to the Accountant No.62423627327 (Library) of Telangana High Court Advocate,s Association, Hyderabad High Court for the State of Telangana, Hyderabad, within two Weeks from the date 6f order. TOTAL //TRUE COPY// Rs. Ps 10,000-00 10,000-00 SD/.V. KAVITHA DEPIJ TY REGISTRAR SECTION OFFICER To,

1. The President, lligh Court for the State of Telangavna, at Hyderabad (uk) -Cp HyderabadlOUTl Hyderabad [OUT] ior Social Welfare, High'Court for the State of Telangana, at

2. One CC to Sri Syed Hussain, Advocate tOPUql 3. i*; CCs to 4. i;;-CCi;int cp for Revenue, High Court for the State of Telangana' at 5 i;; CC-io'iri" 'Cp for Land Acquisition, High Court for the State of 6 d;;'6c to sii drJi Fririen (ura,, Deputy soticitor Generat of tndia[oPUC] 7. One CC to Sri Farhan Asam Khan' Advocate B. Two CD CoPies Telanoana, at HvderabadlOUTl TJ BS N- HIGH COURT DATED:1 2t03,t202s ORDER WP.No.7557 of 2025 1\\ E STAT € o 01 ilAY 2[25 i o,q5p61c.\r ac! DISMISSING THE WRIT PETITION WITH COSTS A \N v\ 0 I