High Court · 2025

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 an appropriate writ or order or direction m:re particllarly one in the nature of Writ of Mandamus declaring the action of thr: respondents for not considering petitioners representations date 08-04-2025 and 12-05-2025 and keeping the land an extent Ac 14.01 gts in Sy.No.'149lA ancl, 149lAA at Nagaram village, Valligonda l\,4andal, Yadadri Bhoovanagiri District in prohibited list under Section 22-A oI the Registration Act, 1908 as Waqf land without following the due process of law is per-se, illegal, arbitrary, violation o'' principles of natural justice, against the Telangana Rights in Land and Pattadar Passbooks Act, 1971 the Andhra Pradesh (Telangana Area) Abolition of lnams Act, 1955 The Waqf Act, 1 995, Telangana State Waqf Rules, 2022 and violation of Articles 19, 20, 21 86 300A of the Constitution of lndia and consequently direct the respondents to delete land an extent Ac 14.0'lgts in Sy.No.149/A and 149/AA at Nagaram village, Valligonda [/andal, Yadadri Bhoovanagiri Distric: from prohibited list under section 22-A as Wakf Property by considering petitioners representations dated 08-04-2025 and 12-05-2025. 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 respondents to delete the land an extent. Ac 14.01 gts in Sy.No.149/A & 149/AA at Nagaram village, Valligonda lvlandal, Yadadri Bhoovanagiri District from prohibited list under section 22-A as Wakf Property by considering petitioners representations d ated OB -0 4-2025 and 1 2-05 -20',15. Counsel for the Petitioner: Ms. PATHAPALLI PRASHAMSHA Counsel for the Respondent No.1 to 4: SRI H.SOMA EZRA SASTRI, AGP FOR ASSIGNT1IIENT Counsel forthe Respondent No.5: SRI FARHAN AZAM KH,AN, SC FORWAQF BOARD The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.1 6983 of 2o25 It is stated that the petitioners and their. predecessors-in, interest are the absolute owners and possessors of the land admeasuring Acs. 14.01 guntas in SyNo. 149, situated at Nagaram Village, Malligonda Mandal, yadadri Bhonagiri District. It is further stated that the grandfather of the pctitioners had three sons and all the members of the joint family have been in enjoymenL and possession of the land u,hich was notified as Inam land, as per the provisions of the Telangana Abolition of Inams Act, 1955 (for short ,,the Act,,) and the Rules made thereunder. It is further stated that, in all the revenue records. the nature of the land has been classified as "Mafiinam Land" and the petitioners are entitled for grant of Occupancy Rights Certihcate (ORC) under the provisions of the Act, as they were in possession of the land even on the crucial date i.e., on 01.17.1973. It is further stated that as per l-B register prepared under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 the name of p.panja Mohammed Nahnnu Miya S/o. Galib was recorded as pattadar of the land to an extent of Acs.7.O1 guntas in Sy.No. 149/4 and the name of P.Jaffer Shareef rvas recorded as pattadar of the i i I I I I I 2 -;. CVBR, J wp 16983_2025 land to an extent of Acs.7.00 guntas in Sy.No I49 lAA. It is further stated that for the part of the lanrl u'hich is in possession of the petitioners' family, paLtadar p,assbooks have been issued and for the remaining extent.c.rl the land even though the name of the petitioners' grandfather rvas depicted as Maf{i Inamdar, the respondent authorities are rrot considering their case. It is furlher stated that Lhe petitioners have made representations, dated 08.O4.2025 and 12.05.2O25, seeking for data correction in pattadar passbook and conscqrrcntral deletion of the properties lrom the Iist of Prohibited Prolrertics as Waqf Properties and for issuance of pattadar passbo,tks as pcr the provisions of the Telangana Bhu Bharati (Recold of Rights in Land) Act, 2025 (for short "the Bhu Bharati Act"). Thc grievance ol the petitroners is that, even alter reccipl ,tf Lhe said representations, the respondeni authorities did not consider the case of the petitioners. Hence, this writ petition.

2. Consrclered the submissions of Ms.P.Prashamsha, learned counsel for the petitioners and Sri H. Soma Ezra Sastri, learned Assistant Government Pleader for Assignment lor rcspondenL Nos. 1 to 4 and Mr.Farhan Azam Khan, lea:ned Standing ,/ l CVBIT, J wp 16983 2025 Counsel appearing for respondent No.5 and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned Assistant Government pleader for Assignment has submitted that the pctitioners have made representation for data correction of the extent being mentioned in the patta<lar passbooks and they have not made any application in Bhu Bharati Portal under the provisions prescribed in the Bhu Bharati Act and in the event if the petitioners making an application duly enclosing all the documents, in Bhu Bharati Portal, the respondent authorities would conduct an enquiry and in the enquiry if it is revealed that the subject property is not prohibited under the provisions of any law nor there is no \ claim by the Government, they rvould consider the case of the petitioners.

4. In vieu, of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioners to make a prescribed application in Bhu Bharati portal and in the event of such application being hled, the respondent authorities are directed to conduct an enquiry and if it is revealed that the subject property is not a prohibited property and the Government do not have any claim over the I I I I i t I I I I CVBR, J wp 16983 202s { same, they sha1l consider the said application in accordance wilh law. 11'the petitioners do not satisfy the re<lurrernents and if there is a claim ol Waqf Board or subject property being classified as Government property, the respondent authorities are directed to pass a reasoned order and cornmur-rrcate Lhc reasoned thereon to the petitioners. The entire e.<ercise shall be completed u'ithin a period of eight (0g) weeks frcm rl_re date of submission of the application by the peLitioners. 5 With Ll're above observations, this Writ petirion is ciisposed of. There shall be no order as to costs 6 As a sequel, the miscellaneous petitions p:nding, if any, shall stand closed //TRUE COPY// Sd/. S. T1TALLIKARJUNA RAO ts[irsTANT REGTSTRAR SEGTION OFFICER To, 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana. 2 2 4 5 o 7 8 The District Collector, Yadadri Bhoovanagiri, Bhoovanailiri District The Revenue Divisionar officer, Mafiigonda Mandar, '(adadri Bhoovanagiri, Bhoovanagiri District The Tahsildar. Naoaram Viilage Mailigonda Mandar, 'ladadri Bhoovanagiri, Bhoovanagiri Distri6t Tltp.Wg!,f Board, 3rd Ftoor, Hajj House Line, Bagher Ccmplex, Fateh Maidan, Abids, Hyderabad, Telangana State_sOOOoi. One CC to Ms. PATHApALLT PRASHAMSHA, Advocate [OpUC] One CC to SRI FARHAN AZATM KHAN, SC FOR WAQF BOARD tOpUCl Two ccs to GP FoR ASSTGNMENT, High court for the state of rerangana at Hyderabad [OUT] Two CD Copies o BSR PVL W "rs ,.g HIGH COURT DATED:2010612025 ORDER WP.No.16983 of 2025 __i- . ./'-,\. I.i ,s 2il I UB 208 "/l / DISPOSING OF THE WRIT PETITION, WITHOUT COSTS