Library High Court · 2025

Petition under Arttcle 226 of the Constituttcn 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 orders, particularly one in the nature of Writ of Certiorari to call for the records pertaining to the impugned Order in Case No. B/ Spl.Tribunal/ Gajwell39l2O21 dated 30-07 -2021 dismissing the appeal on the ground that the sub.ject property is a \ /akf Property is arbitrary, illegal and also in violation of provisions contemplated under Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, '1971 and new Act 2020 and quash the same. lA NO: 1 OF 2023 Petition under Section 151 CpC praying that in the the affidavit filed tn supporl of the Detition, the Hign C: issue a direction to the respondents to stop release of Ry the respondent No.5 ltending disposal of the Writ petition i 'cur. stances stated in t rr ay be pleased to u BanChu infavour of 'he rnterest of 1u stice. lA NO: 3 AF 2023 i Petition under Order 39 Rule 1& 2 CpC praying th stated in the affidavit filed in support of the petition. |. pleased pleased to grant injunction restraining the respr and not to change the nature of the land in Survey irJo. 7{:) 37 guntas out of Ac. 10- 32 guntas situated at Gajwel Tow District pending disposal of the Writ petition in the interest 1 in the circumstances ,.ili1th Courl may be ien.s not to alienate .O a i extent of Ac. 5- :rd lvlandal, Siddipet - jusl ce. lA NO: 1 OF 2021 Petition under section 151 cpc praying that in the ( r lLrn stances stated in the affidavit filed in support of the petition, the High co i- mi:y be pteased to suspend the Procee,dings case l.Jo. BiSpl.Tribunal/ ;rr1wer1i39/2021 dated 30-O7-2021 pending disposal of the Writ petition in the inte ,,;t ot justice. Counsel for the Petitioner : SRI MOHD ASIFUDDIN Counsel for the Respondents No.1to4 : SRI H.RAKESH KUfvtAt XGF, FOR REVENUE Counsel for the Respondents No.5 : SRI MD.TAMEEZUDDIN Counsel for the Respondents No.6 : SRI A.NAJEEB KHAN The Court made the following: COMMON ORDER THE HON'BLE SRI .IUSTICE E.V.VENUGOPAL I.A.Nos. 1 of 2022 2 and,4 of2o23 In And WRIT PETITION No.26994 OF 2O2t ORDER: This Writ Petition is liled under Article 226 of Constitution of India seeking the follou'ing relief/ s:- "-.. to issue a Writ ordcr or orclers, particularl-r- one in the nature of Writ of Certiorari to call for the rccords pertaining to the impugned Order in Case No. B / Spl.Tribu nal/ G:rjrvel,/ 39 l2O2l dated 3O-O7-2021 dismissing tlre appeal on thc ground that the subject property is a Wakf ProperLl rs arbitrarr, illcgal arrri also in violation of provisions contemplated uuder Andhra P|adesh Rights in Lands and Pattadar Pass Books Act, 1971 and nerv Act 2O2O anri quash the same and to pass any other order or orders..-"

2. Heard Mr. Mohd. Asifuddin, learned counsel lor the petitioner, Mr.H. Rakesh Kumar, learne d Assistalt Government Pleader representing learned Government Pieader for Revenue appearing for respondent Nos.1 to 4, Mr.MD.Tameezuddin Ahmed, learned counsel lor re spondent No.5 a::rd Mr.A. Najeeb Khan, learned counsel for proposed respondent No.6.

3. The brief facts of the case are that the petitioner is the owner of land admeasuring Acs. 1O-32 guntas in Survey No.766 situated at Gajn el To."r'n and Mandal, Siddipet District (herein after ca-lled as 'the subject propcrty'); that the subject property consists of Acs.5-37 guntas out of Acs.10 32 guntas situated at Gajwei Village and Mandal; that the above said land is an Inam Lard gifted by one Deshmukh Raja Uma Reddy to the petitioner's -TII\ '..t :" . great grandfather namely Syed Khacler Pasha l-r r_-re vear 1908; that the sarne was reflected in Khasra Pafrani al I Sethrvar from 1954 to 2OO5; that subsequentll. the petitione grar-ldfather Syed Shah At Peeral succeedecl thc same; ;-;,rt later, the petitioner's father Syed Ahmed Pasha riho r,r,orkec r, s Llrdu Tr..pist 1n High Court of Andhra Pradesh, succecded tb, propertl, r,rde partition deed dated 27-04-1961 and obtained Ar ,; I0 32 grrntas of land out of Acs.17-00 guntas; that basing on tl ,r said partition the petitioner's father u,as enjoying the same as r.tsohite orr,'ner ard his narne was recorded in the revenne records: rhat thereupon, the petitioner along rvlth his fe r- ily members inherited the property pursuant to successiolt itnd a checlue bearing No.19747'7 dated O8-08 2010 rvas issued o hiin tor,r,ards compensation of cultivation; that in the year 200 , some persons in collusion r.r,ith the revenue officials char-rged the cntries in revenue records .,vithout issuing anv notice tc l. -.e petitioner. Aggrieved thereb1,, the petitioner made an apF l,tatlon to the revenue authorities seeking to delete the namr s of unkno[.n persons and to rectify the record. Whileso, re ;pondent No.5 taking advantage r)f his name by its close resemb ancr: u,ith that of the petitioner's father, got mutated the subjecr lanri of Acs.S- 37 guntas out of Acs. 10-32 guntas in his name; t .::t on knou,ing about the same, the petitioner also filed an Appe:r1 before respondent no.3 seeking Lo set aside the mutation in respect of schedule property in S_r..No.766 to an extent of land admeasuring Acs.5-37 g-untas, to direct the olficial respondents to effect the rectification alrd restore the revcnue entrics bearing Appeal No. 81684/2020; that the respondenr No.5 plal,ed fraud and therebv succeeded in getting the R.r,t}-r r-r Band[.rlr and cheated the Government; that during the pendencv of tl-re Appeal the revenue Tribunals have emerged pursuant to G.O.Ms.No..1 Rev. (Assgn_1) department dated 12 Ol -2021 . Thereupon, rhe same is transferred to respondent No.2 and renumbered as B/spl'Tribunal/Gajwel/39 I2o2r, *.herein the Tribu.al rvithout issuing any notice to the petitioner passcd thc order dated O8-O2-2O21 . Aggrieved b_r. thc same, thc petitioner made arr application for reopening the case in vicrv of orders passed by this Court in W.P.(PlL).No 20 of 2O2l alor.rg r,r,ith the written arguments. Later, on 30 07 2O2t, the Tribunal had passed the impugned order without considering the written arguments submitted by the petitioner along with all the supporting documents upholding the earlier order by dismissing my Appeal stating that the subject land is notified as Wakf property. 1 Aggrieved b}, thc samc, the petiLioner iilecl tlr,. )rcsent Writ t Petition

1. Learned counsel for the petitioner b-r. iiling I. \o..1 of 2023 submits tl-rat during the pendcnc,y of rhc Vv'r- obtainecl relevant records of the subject propcrt,\ l al-ld came to knorr. that the nalrres of Naini N rcflectt-.d in Sun,r:y. N<t.766 lA1Al2 in respe(.r admeasuring Ac.0- 01 guntas, Belda Shankar u.a Pc Lit i<tn hc .ln \Ice Scva r sirn ulu r*' as ()i'lh(' land , r-ellected in in respect of the lanrl Sun.ev No.766 l,\1 \/ll2 Ac.O 03 guntas an.d that of one Kailasa Nzrrcsl reflected in Surve-r. No.766/A1AIir/I Ill2 in rcspr: admeasuring Ac.O O3 guntas illegally. Therefore, lr : riln i casuritrg IiLr nr:rr u as - 01' lhc land 'trp1;ropriate adjudication of the, matter he seeks to implead ,rr':r{brccited persons as proposecl respondent Nos.6 to 9 in the \\ 'rt P,.'tition as s'ell as in I.A.s.

5. Lcarned counsel for the petitioner by filing I.A lr o.4 of 2023 seeks to implead proposed respondent Nos.6 to 1 1 : :; r.espondent Nos.6 to 11 in the Writ petition as well as in I.As., ir.r :rllegi.g that the proposed respcndent Nos.6 to 1l have cr rilted forgecl documents ..l,hich u'as reflected in the Encumbranr : Ce rtificate , in order to cause \{rrongful loss to the petitioner. ...:

6. He further submits that the petitioncr had filed a private complalnt vide Crime No.43 1 ol 2O2O dated 05.1I.2O20 for the offences punishable under Seclion 42O r lw' 34 of I.P.C. being aggrieved by the action of respondent Nos.3 to 5 in mutating the revenue records in favour of respondent No.5 b1' creating fabricated documents. He further states that respondent No.2 ought to have considered the fact that respondenl No.5 is claiming the Rythu Bandhu; that if at a1i the land is a Wakf Lar-rd as per respondent No.2, respondent No.5 claiming money under Rythu Bandhu Scheme is illcga1. Therefore, he seeks allou' the Writ Petition.

7. Learned counsel for proposed respondent No.6 by filing I.A.No. I of 2022 contends that he is the Mutau'alli of Dargah Hazral Syed Shah Ali Peera Khadri, Near Jama Masjid, Gajr,'e1 Village arid Mandal, Siddipet District; that his forefathers were Nlutawallies of the said Dargah; that he had succeeded to the Office of the Mutawalli as per Sec.42 of Waqf Act 1995; that his forefathers were performing the annual Urs of the said Dargah from time immemorial; that the said Dargah ald its attached properties are registered under Waqf notified in A. P. Gazette No.46-A dated 20-12-2001, for nhich an addendum u'as issued 6 - vide A.P. Gazette No.3 dated 78-Ol-2O07; that th rutrject larrd in Surve',' No.766 atlmeasuring Acs.1O-32 guntas si '-Latcd at Gajrvel Vrllage ald Malrdal, Siddipet District, is the atta ;lred propertl,' of Dargal Hazrat Syed Shah AIi Peera Khadri ancl t-:'re same forms p iart alLd parcel of notilied Waqf and it is the s ,.rje,:t matter of Case No.B/SPl.'l'ribunal/Ga1v'ell39 1202 1; that rllqrieved b1'the disnrissal of the Case No.B/SPL.Tribunal/ < .1u-ell39 /2021, proposed respcndent No.6 has approachr 11 -.his Court qucstioning the rrder of the Special Tribunal. F :: contends that there is every possibility that the petitioner and ..he Respondent No.S rr-ra1. collucle u,ith each other and suppre: .; rht: true facts relating to the !r'aqf property; that this Court le order dated 20 i2-2O2I dire,:ted that an1, alienation of the ;rrbji:ct property shalL be subject to the final result of the Writ Pe ,1()1t Therefore, hc seeks to imprlead proposed respondent No., eis respondent No.6 in the Writ .Petition as u.ell as in I.As B. l,earned counsel for the petitioner by f iing counter to I.A-No.I of 2022 strictly opposes the same con r:ndrng that the proposed responCent No.6 had not filed any sing .' scrap of paper to prove that he is the Muttawalli and appointt'd under Section 42 of li;.e Wakf Act. He further states that thr ,:ubject land is .---r., 1 patta land and does not belong to the Wakf. Therefore, he secks to dismiss the I.A.No. I of 2022.

9. Learned Assistant Governmct-it Pleader for Revenue atld Iearned counsel for respondent No.5 oppose the contentions of the petitioner and seek to pass appropriate orders.

10. For better understanding, the operative portion of thc impugned order dated 30.O7.2021 in Case No.B/SplTribunal/ Caju,el /39 l2O2 l passed by the learned Special Tribunal, Sidclipet is extracted as here under: "On perusal of the list of wakf propcrties, the total land to arr extent of Ac 10.32 gts in Sy.No 766 of Gajwel Villagc is WakI land and it is notihed in the wakf properLies Vide Gazette No.46IA2O I12I2OOl at Sl.No.19043 Therefore, ttre case is dismisscd sincc the schcdulecl propery is wakf 1and"

11. Having regard to the submissions of all the learned counsel ald on perusal of the material available on record, this Court is of the opinion that the learned Special Tribunal upon carcful scrutiny of the Gazette No.46/A2O/12 l2OOl has rightly passed the impugned order by stating that the lald admeasuring Acs. 10.32 gts in Sy.No.766 of Gajr,r'el Village is Wakf land' Therefore, this Court does not find any reason or ground to u \. ti.n t, - interfere rvith the impugned proceedings. Hence, rre Writ petirion is liablc to be disraissed

12. Accordinglr', I.A.Nos. I ol 2022, 2 ol 2023 ar,:l 4 of 2023 are dismisscd and the Writ Petition No.26994 of 20,. i. is dismisscd. Needless to mentron, the petitioner is granted lib, rty t.o u,ork out the remcdies as a',/ailable under law. No costs. Miscellar-reoLrs Petitions, pending if any, shal r;tarrd closed. ,TRUE COPY// \o, 4$s, INT.OSMAN ALI BAIG IIiTANT REGISTRAR SECTION OFFICER To, 1 The Principal Ser:retary Revenue Department, Sei[gtat :r., Hyderabad. 2. The Special Tribunal, rep by its ftrlember and District Cc !e'ctor, Siddipet District.

3. The Rer,,enue Divisional Officer, Gajwel, Siddipet Distrit . 4. The TahsilCar, Gajwel Mandal, Siddipet District 5. One CC to SRI N4OHD ASIFUDDIN, Advocate. [OPUC] 6. Two CCs to GP i:OR REVENUE, High Court for the Stait of Telangana Iour]

7. One CC to SRI I'4D.TAMEEZUDDIN, Advocate. [OPUC B. One CC to SRI p,.NAJEEB KHAN, Advocate. IOPUC] L Two CD Copies BSK B\ HIGH COURT DATED:1 510912025 U Lt ,,# I I .;lii: IL t. ::i..-- I.-\' $ N\+ /.''. ,.::. '...ili: *i. I COMMON ORDER l.A.Nos.1 OF 2A22,2 AND 4 OF 2023 IN/AND W.P.NO: 26994 OF 2A21 DISMISSING THE l.As & WRIT PETITICT\l WITHOUT COSTS