High Court · 2025

18.8. Srinivas, S/o. late B. Swamy, Aged about 58 years, Occ. Business, Rl/o. 7- 1-309/1 , Balkampet, Hyderabad. Telangana State

19. B. Sadanand, S/o. late B. Swamy, Aged about 49 years, Occ. Business, Rl/o. 7 -1-3ogl1 , Balkampet, Hyderabad. Telangana State

20.Bongu Buchi Das Goud, S/o Late Bongu Laxmi Narsaiah Goud Aged 57 years, Occ. Business, Ryo. 19-1-1004, Gollakideki Doodh bowli, Bahadurl ura, Hyderabad-500064, Also at flat No. 50'1 , 5 Floor, Gangotri Apartments Street No. 3, Himayathnagar Hyderabad-500029. Telangana State

21. U Venkataswamy, S/o U Mohan Roa Aged about 40 years, Occ. Business R/o. 5-7, Badevarpalem, Prakasham District Andhra Pradesh-523 113. 22.lnturi Ramesh, S/o lnturi Kondaiah Aged major, Occ. Business R/o. FIat No. 504, Eenadu Heights on plot Nos. 182 and 183 Eenadu Society, Eenadu Colony, Kukatpally Village Medchal Malkajgiri District, Telangana State ...RESPONDENTS 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 a WriUs or Order/s, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent nos. 3 to 15 pursuant to representation dated. '16-04-2025 of the petitioner as being illegal and arbitrary and violative of G.O.Ms No. 3 dated. 19-02-2016 and consequently direct the respondent nos. 3 to 15 not to grant any permisisions to the respondent Nos. '1 6 to 22 in respect o{ notified Waqf property i.e. the land admeasuring Ac 3-38 gts. in Sy. No. 89 (old) new Sy. No. 142 (sub division Numbers 14211, 14212 and 14213, situated at Bahlool Khan Guda village, corresponding to T.S. No. '1 , Block No. 1, Ward No. 3, Ameerpet, Hyderabad and a single storey house srtuated in Sy. No. '142 which was assessed as H- No. 7-"1 -306 and 307, known as Rahman Manzil on 0.24 gts of land. 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 nos. 3 to 15 not to permit any constructions in respect of the notified Waqf property i.e. the land admeasuring land admeasuring Ac 3-38 gts. in Sy. No. 89 (old) new Sy. No, 142 (sub division Numbers 14211.14212 and 14213, situated at Bahlool Khan Guda Village, corresponding to T.S. No. 1, Block No. 1, Ward No. 3, Ameerpet Mandal, Hyderabad District and a single storey house situated in Sy. No. 142 which was assessed as H. No. 7-1-306 and 307, known as "Rahman Manzil" on 0,24 gts of land, pending disposal of the writ petition. Counsel for the Petitioner: SRI YAHIYA BIN MOHSIN AL KASERI Counsel for the Respondent No.1 : GP FOR SOCTAL WELFARE Counset for the Respondent Nos.3 TO 15: SRt FARHAN AZAM KHAN, SC FOR Counsel for the Respondent Nos.2,16 fO 22: - The Court made the following: ORDER TSWB ,::.'-V-i-V THE HON'BLE SRI JUSTICE T. VINOD KUMAR trI.P.No. 135O4 of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Minorit5r & Social Welfare appearing for respondent No. 1, Sri Farhan Azam Khart, learned Standing Counsel for Waqf Board appearing for respondent Nos.3 to 15, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the Writ petition and the nature of lis involved, this Court is of the vieu, that notice to respondent Nos.2, 16 to 22 is not necessary for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that the property of the 2"d respondent situated at Bahlool Khan Guda Village, has becn encroached by unofhcial respondent Nos. 16 to 22, and they are taking steps Lo obtain permission from GHMC authorities lor undertaking construction therein, ald as such he hzis approached the AP State Waqf Board-2"d respondent herein, by submitting a representation; and that in spite of the same, no action is tzrken thereon, as such he has filed the present Writ petition. 4 Sri F'arhan Azam Khan, learned Standing Counsel for Waqf Board submits that since, the petitioner by his ovvn admission \ \ 2 admit to the fact of the subjcct property being the waqf property of the 2"d respondent, it would be under the jurisdiction of the Andhra Pradesh High Court, and for the said reason, the present Writ Petition is not maintainable.

5. I have taken note of the respective submissions made

6. Admittedly, the subject property, in respect of which the present Writ Petition is hled, is a waqf property of the 2"d respondent, who is not amenable to the writ jurisdiction of this Court.

7. Further, taking note of the fact that the Waqf Act, 1995 provides for resolution of such disputes through the mechanism provided under the said Act, i.e., the Tribunal, this Court is of the view that the petitioner should approach the concerned Tribunal, and for the said reason, cannot file the present Writ Petition.

8. Granting liberty to the petitioner to avail remedies provided under Waqf Act, 1995, the Writ Petition is disposed of. No order as to costs.

9. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/. B. REKHA RANI ASSISTANT REGISTRAR (Gr I To I 2 ThePd.secretary,MinorityWelfareDepartment,TelanganaSecretariat'at Hvderabad, State of Telangana, TS Tt; chi""i-E*-";;ti,r6 on""i, Anbhra Pradesh State Waqf Board, AP State Waqf Board. Viiavawada. SECTION OFFICER I .,1 l 3, The District Coile-ctor-cum-Chairman of Waqf Taskforce, Hyderabad District, Station Road, Nampally, Hyderabad - 500 001.

4. The Commissioner of Police-cum-Member of Waqf Taskforce, Hyderabad City Police, Basheerbagh, Hyderabad.

5. The Joint Collector-cum- Member of Waqf Taskforce, Hyderabad District, Station Road, Nampally, Hyderabad - 500 001.

6. The District Revenue Officer-cum- Member of Waqf Taskforce, Hyderabad 7. The Revenue Divisional Officer-cum- Member, of Waqf Taskforce, derabad District, Station Road, Nampally, Hyderabad - 500 001. District, Near Gandhi Bhavan, Hyderabad. B. The Commissioner G.H.M.C-cum- lVlember of Waqf Taskforce, Hyderabad District, Tank bund, Hyderabad - 5OO O22.

9. The District ltrlinority Welfare Officer-cum-lvlember-Convenor, of Waqf Taskforce, Hyderabad District, Station Road, Nampally, Hyderabad - 500 001. 10. The Assistant Director (SandLR)-cum-Member of Waqf Taskforce, Hyderabad District, Station Road, Nampally, Hyderabad - 500 001. 1 1 . The District Registrar-cum-Member of Waqf Taskforce, Hyderabad District, Regional Office, Red Hills, Hyderabad, Telangana. 1 2. The Memberfrom NGO-cum-Member of Waqf Taskforce, (Working for protection of Waqf Properties), Hyderabad.District, Station Road, Nampally, Hyderabad - 500 001. 1 3. The lady lVember-cum-lMember of Wakf Taskforce, (Working for protection of Wakf Properties) Hyderabad District, Station Road, Nampally, Hyderabad-500 001. -1 4. The Senior Muslim Advocate-cum-Member of Wakf Taskforce, (Engaged in Wakf Protection) / or having Knowledge of Wakf matter Hyderabad District, Station Road, Nampally, Hyderabad-SOO 001 . 1 5. The Metropolitan Commissioner-cum-Member of Wakf Taskforce, Hyderabad Metropolitan Development Authority, Block A District Commercial Complex, Tarnaka, Hyderabad - 500007. 16 One CC to SRI YAHIYA BIN MOHSIN AL KASERI, Advocate IOPUCI '1 7.Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana, at Hyderabad. [OUT]

18.One CC to SRI FARHAN AZAM KHAN, SC FOR TSWB IOPUC] 1 9. Two CD Copies PS GJ o HIGH COURT DATED:3010412025 I \ ORDER WP.No.13504 of 2025 I \ oirlHE sr4r c 05 AUB M (t o o ( .t DISPOSING OF THE WRIT PETITTON WITHOUT COSTS e{ br>