The High Court · 2025

The State of Telangana,, Represented by its Principal Secretary, Minorities Welfare Department, Telangana Secretariat, Hyderabad. The Telangana State Wakf Board,, Haj House, Opp. Public Gardens, Nampally, Hyderabad, Represented by its Chief Executive Officer The Chief Executive Officer,, Telangana State Wakf Board, Haj House, Opp. Public Gardens, Nampally, Hyderabad- The District Collector,, Sanga Rcddy District, At Sanga Reddy. The Revenue Divisional Officer,, Sanga Reddy Division, Sanga Rcddy District, At Sanga Reddy. The Tahsildar-Curn-Joint Sub-Registrar,, Ramachandrapurarn Mancial, Sanga Reddy District. The Managing Committee,, Ashoorkhana, Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District, being represented by its Muthawalli ...RESP.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate Writ, Order or Direction, one more particularly in b. 7 the nature of Writ of Mandamus or any other Writ including or any combination of Writs declaring the impugned Notification published in then A.P. (now Telangana State) Gazette No.48-A J, dt.29 'l 1 .2001 al Page No 66 under Serial No.19881, on behalf of the Wakf Board, the Respondent No.2 herein purportedly under Section 5 of the Wakf Act, 1954, which was already repealed by Wakf Act, 1995, thereby illegally declaring the lands in Sy.No.26 comprising of an extent of Ac.05-03 Gts., situated at Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District, as property attached to the Wakf lnstitution called Ashoorkhana, as arbitrary, illegal, without Jurisdiction and Ultra-vires the provisions of the Wakf Act, .t j t . * a r a * * t a * f t a * t , a f 1995 apart from ceing in gross violation of principles or natural lustice, ,ahd contrary to the provisions of the Telangana Abolition of lrams Act,1955 besides violating Petitioners rights guaranteed under Articles 14 ,11 and 300-4 of the Constitution of lndia and consequently. i. set aside the said Gazette Notification No.48-A ,J. clt 29 1 1.2001 , at Page No.66 under Serial No 19881 , in respect of Sy.No 26 con prising of an extent of Ac.05-03Gts,situated at Edulanagulapally Village, Ramar:h andrapuram Mandal, Sanga Reddy Dis;trict, while also directing the Respon Jents to forbear from reckoning the said land as Wakf land. ii. direct the Respondent Nob.4 and 6 to delete the said land from the list of Prohibited Properties under Sec. 22-A of the Stamps and R:grstratron Act, 1g08. rii. direct thr: Respondents not to interfere with the [retitioners possession and enioyment of the subject land lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the orrcumstances stated in the affidavit filed in support of the petition, the High Co lt may be pleased to suspend the operation and effect of the impugned Notifr,;:lion published in the A.P Gazette No.48^A J, d1.29.11.2001 at page No.66 Lnder Serial No.198gl, thereby declaring rhe lands in Sy.Nos.26 comprising of an r:xtent of Ac.05-03 Gts., situated at Edulanagulapally Village, Ramachandrapuram l,,4andal, Sanga Reddy District, to be attached to the respondent No.7, in the interest of justice, pending final disposal of the above writ petition Counsel for the Petitioner: SRI B. CHANDRA SEN REDD). SENTOR COUNSEL FOR SRI B. VAMSHIDHAR RE:DDY Counsel for Respondent Nos. 1 & 4 to 6: Gp FOR SOCtAt- WELFARE Counsel for Respondent Nos. 2 & 3: SRI FARHAZ AZAM KHAN, SC FOR WAKF BOARD Counsel for Respondent No. 7: --- The Court made the following: ORDER 7 I } f * a * + * a \r a ( f I e I * a , ; * * THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.11855 of2023 ORDER: TheWritPetitionisfiledchatlengingtheirrrpugnednotilrcation published in then A.P. (Now Telangana) Gazette No'48-A J' dated

29.11.200|underSection5oftheWakfAct'lg54asillegaland arbitrary since the said Act had already l-'een repealed' Sri B. Chandra Sen Reddy, learned Senior Counsel 2. representing Sri B. Vamshidhar Reddy, leamed counsel for the petitioner placed reliance upon the judgment of the Division Bench of this Court in W.A'No.1412 ol 2Ql6 and batch dated 04j22023 io support of his proposition that any notification issued under a repealed Act cannot be sustained. He subrnitted tl-rat in the aforementioned case, the notification was issued on 15.1 1.2001 whereas in the present case for consideration, the notificatiorr is dated 29'11'2001 i'e'' only some days apart and all the facts and circumstances are also similar and therefore, the said decision woutd appty in this case as well' 3, Sri Farhan Azam Khan, leamed Standing Counsel for the Wakf Board, appearing for respondents No'2 and 3' submitted that a fresh notification has alieady been issued undc'r the subsequent ( ( IMDI wp 1i855_2023 2 enactment, i.e.. the Wakf Act, 1995 now named as th': LJnifled Wakf Management, Iimpowerment. Efficiency and Developlrcnt Act, 1995 (as arnended by Ac1 43 of 2025) r.vhich came irto el'f-ect f}om

08.04 .2025 an<l that the action is being taken thereunclt t

4. In view thereof, this Court is inclined to set asrde the Gazette Notification dated 29.1 1.2001. which was issued unrl..'r the repealed Act ol'1954. Since the respondents have already isstr:il a rrotification under the subsequent Act, they may proceed to lake action in accordance with the same

5. How,lver, it is also made clear that this orcl:, shall not be a precedent in cases which are filed after issuance of \trtification under the Wakf Act. 1995 now renamed as the Unified Wakf l\lanagement ErnporvermerLt Efticiency and l)evelopment Act, I ()()5 ( as arnended by Act 43 of 2025) which came into effect on 08.04.1t]25

6. With the above observations, this Writ Petitic,n is disposed of. There shall be no order as to costs. Miscellaneous a1 Jrlications, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/- C. DEEPIKA AI;SISTANT REGISTRAR .\-- \ SECTION OFFICER 1 The Principal Secretary, Minorities Welfare Departm:nt, State of Telangana, Telanganar Secretariat, Hyderabad. * a \ To, .Telangana Stare Wakf Board,, Haj House, Opp The Chief Executive Officer, Publrc Garde^ns, Nampaily. Hyder;6;J. rhe Drstrict Collector.. Sanga Rcddy Disfrict, At Sanga Reddy. The Revenue Divisionat oficer,, *;;a i"aov'olri.iv*, Sanga Rcddy District, At Sanqa Reddv The Tahsildar-durn-Joirit Sub-Registrar,, Ramachandrapurarn Mancial, Sanga Reddv District The Muthawalli. Manaoino Committee- Ashoorkhana, Edulanagulapally Vi I ta g^e, R a m a ch a n d ra[ u ri m vr a n o Jr, 5 i n-q i' n"." j j, 6 i.tr, 9n.99 to Sri B vams'nidrrar CedJtil;#;;'ioFir;i Two CCs to Gp For Sociat Wetfare',High C"l;ti", inErstate of Tetangana 9n. 99 to Sri Farhan Azam Khan, SC for Wakf Board,(OpUC) Two CD Copies "t

6. 7 8 o 10 MBC GJP + t , '} t a I i t a f I' t t a La. ,t * a f v t\a i a * a * * * *. i * * * .f * f f t HIGH C uRr L DATED: 0711012025 ( ( ORDER WP.No.11855 of 2023 ., s t4i. 1il [tI ?06 , ,- ,.. t ;'_' ' ', -.--,/ I I '/ / o 4' c 'i*? \v DISPOSING OF THE WRIT PETITION WII'HTOUT COSTS ..J \,