High Court · 2025

gts in Sy.no. 426t31A', land admeasuring Ac.0-18 gts in Sy.No.426l3lC, land admeasuring Ac 0-20 gts in Sy.No. 426131D, land admeasuring Ac.0-20 gts in Sy.No.426l3/E, land admeasuring Ac.0-22 gts in Sy.no 42el3lF and lpnd admeasuring Ac.0-02 gts in Sy.no. 42614lA situated at Dudyal farfa and land admeasuring Ac.0-39 gts in Sy.No.232lA1B2 and land admeasuring Ac.0-39 gts in Sy no. 289/F situated at Pandu Tarfa Shivar of Bodhan Mandal qf Nizamabad District, Land admeasuring Ac.0-1J gts in Survey No.1 19 of Pandu Tarfa Shivar pf Bodhan Mandal, Nizamabad District, land admeasu!'ing Ac. 3-00 gts in Survey no. 42Q1112, lan{ adnleasuring Aa.0-01 gts in Survey no 426121C, land admeasgring Ac.0-i2750 gts in Survey no. 231181 srtuated at DuoyAl and Pandq Tarfa Shivar 9f Bodhan Mandal, Ni4amaba( District, which are privale palli lan{s uqder AUTO LOCK/ prohibited list basing on the ground thal the propeftieF vre wagl prspertiqq as Ber Gazette Notification No.40.A dt 3 10 ?002, as illegAl, arbitrary, contrary to layv an{ orders passed by this Hon'ble caUfl. in W P,nq. 1961'l of 2012, W A.N9.700 of 2019, W.P.No 2132 of 2020, W P No ?2365 of 2024 wheteby the Gazette Notificatien No a!-A dt.3.10 2002 is qr.raghefl by tl,riq Honblq court and confirmed by Hpnble DiyisiOn Bench in writ appeal gqfl consequently direct the resp9ndentF not tq put the subject propertiet of lhe pelitioners qnder the pr9ftjbite{ list or not to put thgm under AUT() LOCK on the basis of Ga<etle nqtificatipn 4Q-A d1.3.10.2QQ2 which iq quashed by thiq HofllDle co u rt. A o oF 2025 Fetitiqrt under Section 151 CPC praying that in the circumslances stateC in the affidavit filed in support of the petition, the High Court may be ptBased to pirect t[e rqgpondgnt r.rg.2 not to include lhe petitioqers properlies i.e , land admeaquring Ac.0-18 gts in Sy.no. 42613lA; laqd ad;neasuring Ap.0-18 gts in Sy.No 416i3lQ; land admeasuring Ac.0-20 gts in Sy No. 426l3lD: land admeaguring Ac.0-20 gts in Sy.No.426l3lE; land admeasuring Ae.0-22 gtS in Sy.no.426l3lF and land admeasuring Ac.0-02 gts in Sy.no. 426l4tA situated at Dudyal Tarfa and land admeasuring Ac.0-39 gts in Sy.No.232lA1B2 and la4{ admeasuring Ac.0-39 gts in sy.no. 2BglF situated at pandu Tarfa shival gf Bodhan Mandal of Nizamabad District; Land admeasuring Ac.0-13 gts in Sur.vey No.1 19 of Pandu Tarfa Shivar of Bodhan Mandal, Nizamabad District; land !:i admeasuring Ac_ 3-00 gts in Survey no_ 42St1t2; tand admeasuring Ao.0-01 gts in survey no-426/2rc; rand admeasuring Ac.0-27s0 gts in Survey no.231tB1 situated at Dudyal and Pandu Ta rfa Shivar of Bodhan l\rlandal, Nizamabad District, which are private tands under AUTO_ LOCK and noJ to include them in the prohibited list, pending disposal of the above wlit pptition. Counsgf for the Petitioners: SRI PRAMOD SINGH Cevnsel for the Respondent !,1o.1 to 4 & 6: SRt L,RAVINDER, ' Agp FoR nEvet'iue Coqnsg! for tIe Respon{ent t{o.S: M/s. NA$EEM ARA, $c FOR WAQF BoARD Coqnsel for tfre Respondent No.7: SRt PUTTA KRISHNA REDDY, sc FoR MCPL The C-qurt made the following: ORDER r-\ HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.8237 of 2o25 ORDER: This'vVrit Petition is hled praying this Court to declare the action of respondent No.2 for listing the properties ol the petitioners in the list of prohibited properties as per Gazette Notilication IVo.4O-A, dated O3. tO.2OO2 as illegat, arbitr:rry. and unconstitutional and consequently prayed this Court t,t direct the respondents to delete the subject properties from th,: list o[ prohibited properties and for other appropriate reliefs.

2. It is stated by the learned counsel for the petitioners that the Waqf Board, without having any right or ritle, notifted various proFerlies situated in Pandu Tarfa Shivar, Ilodhan Mandal, Nizamabad District ,lde Gazette No.40 A, dated

03.10.2OO2. Learned counsel further submits that the said Gazette Notification was assailed before tl-ris Co.rrt in W.P.No.1961 I of 2Ol2 and the learned Single Judge cf this Court quashred the said notification, uide order, dated

22.03.2016. Aggrieved by the same, the Waqf Board fik:d Writ Appeal No.7O0 of 2079 and a Division Bench of this Court has dismissed thr: said appeal conhrming the order passed by the 2 CVBR, J wp_8237 2025 learned Single Judge in W.P.No. 196ll of 2012. Learned counsel further submits that relying upon the judgments of this Court in W.P.No.1961 | of 2Ol2 and W.A.No.70O of 2019, this Court disposed of W.P.No.6894 of 2025 and also submits that except the survey number, the issues raised in this writ petition are squarely covered by W.P.No.6894 of 2025 and that the land claimed by the petitioners is also notihed by the Gazette Notification No.4O-A, dated 03.1O.2OO2 and therefore, the petitioner is entitled for the same relief.

3. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, has admitted that the Gazettee Notification No.4O-A, dated 03.1O.2OO2, was quashed by this Court in W.P.No.19611 of 2Ol2 and the same was confirmed in W.A.No.7OO of 2019.

4. In view of the above submissions, foliowing the order passed in W.P.No. 19611 of 2012, dated 22-03.2016 and the judgment passed by the Division Bench in W.A.No.7OO of 2019, dated 02.72.2021, this Writ Petition is disposed of, permitting the petitioners to make online application seeking for deletion of the Subject properties from the list of prohibited properties and I I 3 CVBR, J Wp 81,137_2025 in the everLt of such application being submitted by the petitioners, t-he respondents are directed to delete the subject properties lrom the list of prohibited properties strictly in terms of Section 22-A of the Registration Act, 1908, after issuing notice to all the persons, who could be effected by deletion of the properties. If the petitioners are otherwise not entitled for deletion of the subject properties, the respondent authorities shall pass a reasoned order and communicate the samt: to the petitioners. The entire exercise shall be completed \4, ithin a period of eight (O8) weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ petition is disposed of. l,lo order as to costs.

6. Miscellaneous petitions, if any, pending in thrs u.rit petition shall stand closed. //TRUE COPY// ASSI SD/.T. TIRUMALA DEVI REGISTRAR ,t\ 1TANT j's ECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Nizamabad Diskict. 3. The Revenue Divisional officer, Bodhan Mandal, Nizamabad District. 1,.,+;:;*liF.-.-

4. The Tahsildar, Bodhan Mandal, Nizamabad District. 5. The Chief Executive Office, Telangana State \iVaqf Board, Hyderabad' 6. The Chief Commissioner Land Administration, Government of Telangana' Nampally station rPad, HYderabad. T.TheMunicipat-Commissioner,BodhanMunicipality,BodhanMandal' Nizambad District.

8. One CC to SRI PMMOD SINGH, Advqcate [OPUC] 9. Qne CC to M/s. NASEEM ARA, SC FOR WAQF BOARD [OPUC] 10.qne CC to SRI PUTTA KRISHNA REPPY, SC FOR MCPL [OPUC] 1'lTwoCCstogPFORREVENUE,HiShcourtforthestateofTelanganaat Hyderabad [OUT]

12.T:lo CD CoPies BSR BS ii5:'-^ : HIGH COURT DATED: 19t0312025 I l ORDER WP.No.8237 af 2025 I I ': 'ig:iT .i I€ ( z 't o 2 2 t4 \R 2025 oEsrt,lcH99 t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS A