✦ High Court of India · 12 Sep 2025

High Court · 2025

Case Details High Court of India · 12 Sep 2025
Court
High Court of India
Decided
12 Sep 2025
Bench
Length
1,122 words

M/s.NovusRealEstatePW.LTD.'Rep-byitsDirectorMr.NaveenKumar Alr*} 5lo. .ta*at ar Lal Aqarwal' aged aboirt 40 years, occ Director, havhg its- Regd. Office at H.Ilo. 3-6-ffi7, Flat No. 303 3rd Floor. Radhe Krshafl ifeaiill Homes, Street M. 10, Himayatnagar, Hyderabad -50o 029' ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary' Revenue Department' Secretariat, Hyderabad. The Additbnal Collector, Ra Complexes, Kongara Kalan Distri.ct, Telangana 501 510. noa Reddv District, lnteqrated District Office Vlllage, lbiahimpatnam Mandal. Ranga Reddy

3. The Revenue Divisional Officer' Kandukur Division' at Kandukur, Ranga Reddy District -5Ol 359.

4. The Tahsildar, Balapur Mandal, Ranga Reddy Distrrct -5o0 005' ..RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith. the Hrgh court rnay be pleased to (A) pass an older or direction more particularly one in the nature of writ of Mandamus declaring the inaclion of respondent No' 2 in not considering and disposing of the petitioner's petition in File No. 3059 of 2022 as arbitrary, illegal and violative of Articles 14, 19 (1 Xg) and 30oA of the constitution of lndia and contrary to the slatutory duty cast undef the A.P. (Telangana Area) Abolition of lnams Act, 1955, (B). IA NO: oF 2025 1 petition under Section 1s1 cpc praying that in the or cumstances stated in the affidavit filed in support ot the petition' the High Court ntr y be pleased to direct respondent No- 2 to consider and dispose of the petition€'s pending petition in File No. 3059 0f 2022 wtthin a period of four (4)weeks ir a cordance with raw pending disposal of the main Writ Petition' : Counsel for the Petitioner: SRI C' RAGHU' S-EI'I|OR COUI SEL REPRESENTING MS. SNEHA BHOGLE Counsel for the Respondents: AGP FOR ASSIGNMENT The Court made the following: ORDER I I I I r i l I i I l : I i I I i I I t I ! i i i THE TIONOT'RABLE SRI JUSTICE IC LAKSHMAN WRITPETITIONNo.2 7485 of 2025 ORAL ORDER: Heard Sri C.Raghu, leamed Senior Counsel representtng Ms.Sneha Bhogle, leamed counsel for the petitioner and leamed Assistant Government Pleader for Assignment appearing for the respondents.

2. The petitioner herein claims to be the absolute owner and possessor of land admeasuring Ac.45-28 guntas in Sy' Nos' 259' 262, 269, and 270, situated at Mamidipally Village, Balapur Mandal, Ranga Reddy District. The Joint Collector' Ranga Reddy District, vide proceedings dated 25'02'2006, set aside the Occupancy Right Certificate (ORC) issued in [avour of the persons in possession of the aforesaid property and other properties in the same village. Challenging the said proccedings' the petitioner and others filed a batch of writ petitions' vide W'P' No. 5938 of 2006 and batch. The petitioner's writ petition was W.P. No. 8419 of 2006. This Court, vide common order dated ll.O2.2OZl, set aside the proceedings dated 25'02 2006 of the Joint Collector, Ranga Reddy District, and remanded the matter 1 "'-2 2 \ )i back to the Joint Collector (now desipated rs Additional Collector (Revenue), Ranga Reddy) to decide thr: matter afresh, duly taking into consideration the observations made by this Court in the said common order. Challenging the ;aid order, the Waqf Board preferred intra-court appeals vide S'. 4,. No. 318 of 2021 and, batch under Clause 15 of the Letter.r Patent. Vide common judgment dated 12.1 1.2021, a Divisiort Bench of this Court dismissed the said writ appeals. The Waqf Board thereafter approached the Supreme Court by filin;; Special Leave Petitions, which were dismissed at the admissior. itage by order dated,26.11.2024. Even then, respondent No. 2 r Ls not decided the matter in compliance with the commo o order dated

11.02.2021 of the leamed Single Judge, as con-rmred by the Division Bench and rhe Supreme Court. The p: itioner filed a petition vide Case No. F3059 of 2022 before rerl ondent No. 2, requesting reopening o[ the matter and passing rf appropriate orders in accordance with [aw, in compliance wit r the common order dated 11.02.2021 in W.t,. No. 5938 of 2(06 and batch. Despite receiving and acknowledging the petitior n09.06.2022, vide Case No. F3059 of2022, respondent No. 2 hr s not disposed I l 1 l 3 of the same. Aggrieved by the said inaction of respondent No.2, the present writ petition is filed.

3. Whereas, the learned Assistant Government Pleader for Assignment, on instructions, would submit that respondent No'2 will consider the petition frled by the petitioner and dispose of the same strictly in accordance with law, by putting the petitioner and all the parties to the said petition, including the Telangana State Waqf Board, on notice and affording them an opportunitY.

4. In the light of the aforesaid discussion, the writ petition is disposed oi in the absence of the Telangana State Waqf Board and the petitioners and respondents to the other writ petitions, directing respondent No.2 to consider the petition frled by the petitioner vide Case No. F 3059 of 2022, as well as the findings of this Court in the comrnon order dated 11.02.2021 in W'P' No' 5938 of 2006 and batch, which was confirmed by the Division Bench and the Supreme Court, by putting the petitioner and all the parties to the said petition, including the Telangana State Waqf Board, on notice and affording them an opportunity' 4 \ However, respondent No.2 shall complete the aid exercise within a period of six months from the date of re<;, ipt of a copy of this order. There shall be no order as to costs As a sequel, miscellaneous petitions pendinp, if any, shall stand closed. SD/. A.JAYASREE AS iISTANT REGISTRAR / .. ..,.* SECTION OFFICER //TRUE COPY//

1. The Principal Secretary, Revenue Department, Secreti riat, The State of 2. The Airditional Collector, Ranga Reddy District, lnteg|i ted Diskict ffice Telangana, Hyderabad. Complexes, Kongara Kalan Village, lbrahimpatnam lvli ndal, Ranga Reddy District, Telangana 501 510. Reddy District -501 35s.

3. The Revenue Divisional Officer, Kandukur Division, at (andukur, Ranga 4. The Tahsildar, Balapur Mandal, Ranga Reddy Distric. 500 005. 5. One CC to Ms Sneha Bhogle, Advocate [OPUC] 6. TwoCCsto GP forAssignment, High CourtfortheSt rteof Telangana, at Hyderabad [OUT]

7. Two CD Copies TJ TKS 4V l I I I I To, ) HIGH COURT DATED:1210912025 ORDER WP.No.27485 ot 2025 I) tE S14 v/(\ o O * 0 ; JAN 20 b7 z c) _). + .r- -'. tiC. DISPOSIGN OF THE WRIT PETITION WITHOUT COSTS t\ nL \1.

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