Syed Hameed Shah Quadri v. The state of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in nature of writ of mandamus directing the Respondent No-4 not to interfere in regards to the petitioner Total Property land in Sy.No.52 and 6'1 admeasuring Acre. 6-'19 Guntas, Survey No-62 Land Admeasuring Acre. 0-32 Guntas, of Mahal, Haveli, Dargah, Hl. Syed Assadullah Shah Quadri Shaheed (Rh), situated at Neknampur Village, Gandipet Mandal, Ranga Reddy District, Telangana. ,*., :n7 IA NO: 10 F 2025 Petition under Section 151 cpc praying that in the ,; .cumstances in the affidavit fired in support of the petition, the High co u 1 may be preased to Direct Respondent No-2 to 4 to stay a, further proceedings in regards to Total Property rand in Sy No 52 and 61 admeasuring Acre. 6-1g GL rtas, Survey No-62 Land Admeasuring Acre. 0_32 Guntas, of Mahal, Havelr, )argah, Hzt. Syed Assadullah Shah euadri Shaheed (Rh), situated at NeknsmJ,L ,. Ur,rn", ltrlandal' Ranga Reddy District, Telangana pending disposar c,r the writ petition. Counset for the petition"r, "r"0,0", stated iTlI_!4MAKRISHNA REPRESt: JTtNG M/S JMS -'''" LAW FIRM ADVOCATES AND ArJ ;OCrAiiS Counsel for the Respondents No 1 To 4: SRI L. RAVINDER A ip FOR REVENUE COUNSEI fOr thE RESPONdENT NO 5 : SRI NAJEEB KHAN SC F( R WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE E.V.VENUGOPAL IITRIT PETITION No.31481 of 2025 ORDER: This writ petition is filed seel<ing the follow,ing pra\/er ". . . [o issrre a uit of ntandentus clirer:tittg tlle Respottdent No.4 not to interfere tn regords to th( petitiotl"r lotal PropeftA land in Sg. No.52 arrd 6l adnreasurury Ac.619 Guntas SurueA No.62 land ulnte.osttirtg Ac.O.32 rlut rts of Mahal Hqueli Dargcrh Hzt Syed Assadullcth Sh.rh Qri.Idn Shalrced (Rh) sluated at Neknafttpur ViLIage, Gctrtrlipet Mandal, Ranga Redcly Dtstnct, 'lblarr1arut... "

2. Heard R.Rama Kirshna, learued counsel rcpresentin6l Iearned counsel for the petitioner atld learned Assistant Government Pleader for Revenue and lezu-ned Assistant Government Pleader for Irrigation and Command Area Development. Perused the record.

3. Learned counsel for thc petitioner submitted that tl-r e petitioner is a member of the Telangana State Waqf Board as per the proceedings of the Chiel Executive Officer, A.P.State Wakf Board vide No.9/RR /KlO3-llZone-1, dated O3.O5.2OO7. It is further submitted that the A.P. State Government, vide Gazette No.6-A, S1.No.3228, dated

09.02.1989 at Page No.295 and Supp. part-ll issued by the State Gbvqrnment, notified that the land in Sy.No.52, 61 ., and 62 Mahal, Haveli, Dargah, Graveyi r I ;]S Waqf propertv. 'll-rercafter, some unconcerned pers: -ts ztre 1t-ving Lo orlcroach the Waqf propertv +. ll. is further submitted that as per r ( pre serlliltion dated 02.O5.2017 submitted by the I),r iiioner, thc Inspector - Auditor, Waqf Board, RR District rnd Survel.ot' ol Telangana State Waqf Board, on 06.09.i ( 1 7 issued a joint rcport staling that that the total extent r,l the Mahal is r)otilicd ir-r ll-rc Gazctte No.6-A, dated 9 2 1)8() at l)z1g(l No.295 at Seriiil No.3228 having attachecl i-rL- cxt( n1 of :\c:.0.32 gLu)tas ir-r S_v.No.62; ilc.4.14 glrntzu; in S,r'. No.61; Ac.2.05 grLl'tteLs in S-v.No.52 and Ac.0.2i i{r-1n t.rs 111 Sy.No. 166. So Izrr as S_t,.Nos.62, 61 and 52 ,r e conccrncd, thel'ar-e located in Nekhr-rampur Village, GarL, ipct Mandal, Cheve lla Division, RR District. So far as Sr'.No. 166 IS concerned, it is located in Ibrahim Bagh Vil r ge, Golcor-rda Mandal, Hvderabad Division and District. It s also sLated that i[ neccssary to conduct joint survey b,, 11r. Reve nue authorities and Waqf Board to ascertain thr' actual extent covered thc Haveli for protection of the Waqf p :opcrty. i I I I i t t ; : w ., 5 It 1S further submitted that F.No.1alRR/PROT/2012, dated 16.1O.2017 the Chief Executive Officer, Telangana State Waqf Board addressed a Ietter to the Tahsildar, Gandipet Mandal stating that some unconcered persons are illegally encroached the Waqf property belongs to Mahal and also trying to construct the building on verification of Village Map of Nekhnampura, the Mahal i.e., Haveli recorded in betrveen Sy.Nos.52 and 61

6. That being the status, learned counsel u'ould submit that respondent No.4 Tahsildar -cum Mandal Revenue Officer, Gandipet Mandal, trying to distul5ing the subjecL property statlng that the saicl propertv belong to Gramakantam land. On 31.O7.2025, the petitioner made a representation to respondent No.2 along with all relevant documents. On 12.O9.2025 respondent No.4 along with their staff trying to demolish the boundary wails. Since no action taken by respondent No.2, he filed the present writ petition seeking a direction to respondent No.4 not to interfere with regard to the property pertaining to the Waqf Board in Sy.Nos.S2, 61 and 62, Mahel/Haveli Dargah 4 Hzt.Syed Asadullah Shah Quadri Slir heed (Rh), Neknampur Village, Gandipet Mandal, R.R. Di ;trict. 7 . On the other hand, learned Assistan t Government Pleader u,ould submit that thrs u'rit petition I as been filed by the petilioncr completely on misconceptior and wrthout there beir-rg anv basis. There are no illegal zrr; ions done b5r the Tahsildar as alleged b), the petitioner anrl it is only the prcsumption ol the petitioner. Hence, he ,r ould seek to dismiss this q'rit petition.

8. Having l-reard learned counsel for tt e petitioner, learned Assistant Government Pleader for tevenue and upon carefuL perusal of matertals placed befrt e this Court, it rs of the considered opinion that this writ 1r 'tition is filed by thc petitior-rer completely on misconceptic n. Ho\rrerrer, urithout going ir-rto merits or demerits of -. re case, this Court deems it a.ppropriate to direct the official respondents to act upon ttre representation made by the petitioner on 3I.OT .2025, in connivan: : with the Telangana State Waqf Board and. take necess ary action as expeditiously as possible by putting the petir ioner and all interested parties on notice and after gi' ng sufficient i i ! I ,/ 5 opportunity of hearing if necessary and take steps to protect the land of the Walf Board in accordance n,ith 1aw.

9. With the above direction, this writ petition is disposed of. Tl-rere shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. P. PONNA KRISHNA SISTANT REGIST //TRUE COPY// SECTION OFFICER To,

1. The principle secretary, revenue department, state of Telangana, secretariat' Hyderabad.

2. The District Collector,, Ranga Reddy District, Telangana. 3. The Revenue Divisional Officer,, Rajendra Nagar Division, Ranga Reddy District, Telangana.

4. The Tashildhar cum Mandal Revenue Officer,, Gandipet Mandal' Ranga Reddy District, Telangana.

5. The Chief Executive Officer,, Telangana State Wakf Board, Opposite Public Garden, Razzak Manzil, HYderabad. 6 One CC to M/S JMS LAW FIRM ADVOCATES & ASSOCIATES, Advocates loPUCl

7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUT]

8. OneCCto SRI NAJEEB KHAN SC FORWAKFBOARD' IOPUC] 9. Two CD Copies DAN PVL Ny . , - .,:\ .h' 'ir4;,:\ t -? I;:ii frfr a-' \ ,\ ;l /i' HIGH COURT DATED:1611012025 ORDER WP.No.31481 of 2025 ,a /'^' ,,,i,.? ,',] l, cr ,. ') I I . : I ! ! : j i DISPOSING OF THE WRIT PETITION WITHOUT COSTS lD \u \0

Petition under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in nature of writ of mandamus directing the Respondent No-4 not to interfere in regards to the petitioner Total Property land in Sy.No.52 and 6'1 admeasuring Acre. 6-'19 Guntas, Survey No-62 Land Admeasuring Acre. 0-32 Guntas, of Mahal, Haveli, Dargah, Hl. Syed Assadullah Shah Quadri Shaheed (Rh), situated at Neknampur Village, Gandipet Mandal, Ranga Reddy District, Telangana. ,*., :n7 IA NO: 10 F 2025 Petition under Section 151 cpc praying that in the ,; .cumstances in the affidavit fired in support of the petition, the High co u 1 may be preased to Direct Respondent No-2 to 4 to stay a, further proceedings in regards to Total Property rand in Sy No 52 and 61 admeasuring Acre. 6-1g GL rtas, Survey No-62 Land Admeasuring Acre. 0_32 Guntas, of Mahal, Havelr, )argah, Hzt. Syed Assadullah Shah euadri Shaheed (Rh), situated at NeknsmJ,L ,. Ur,rn", ltrlandal' Ranga Reddy District, Telangana pending disposar c,r the writ petition. Counset for the petition"r, "r"0,0", stated iTlI_!4MAKRISHNA REPRESt: JTtNG M/S JMS -'''" LAW FIRM ADVOCATES AND ArJ ;OCrAiiS Counsel for the Respondents No 1 To 4: SRI L. RAVINDER A ip FOR REVENUE COUNSEI fOr thE RESPONdENT NO 5 : SRI NAJEEB KHAN SC F( R WAKF BOARD The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE E.V.VENUGOPAL IITRIT PETITION No.31481 of 2025 ORDER: This writ petition is filed seel<ing the follow,ing pra\/er ". . . [o issrre a uit of ntandentus clirer:tittg tlle Respottdent No.4 not to interfere tn regords to th( petitiotl"r lotal PropeftA land in Sg. No.52 arrd 6l adnreasurury Ac.619 Guntas SurueA No.62 land ulnte.osttirtg Ac.O.32 rlut rts of Mahal Hqueli Dargcrh Hzt Syed Assadullcth Sh.rh Qri.Idn Shalrced (Rh) sluated at Neknafttpur ViLIage, Gctrtrlipet Mandal, Ranga Redcly Dtstnct, 'lblarr1arut... "

2. Heard R.Rama Kirshna, learued counsel rcpresentin6l Iearned counsel for the petitioner atld learned Assistant Government Pleader for Revenue and lezu-ned Assistant Government Pleader for Irrigation and Command Area Development. Perused the record.

3. Learned counsel for thc petitioner submitted that tl-r e petitioner is a member of the Telangana State Waqf Board as per the proceedings of the Chiel Executive Officer, A.P.State Wakf Board vide No.9/RR /KlO3-llZone-1, dated O3.O5.2OO7. It is further submitted that the A.P. State Government, vide Gazette No.6-A, S1.No.3228, dated

09.02.1989 at Page No.295 and Supp. part-ll issued by the State Gbvqrnment, notified that the land in Sy.No.52, 61 ., and 62 Mahal, Haveli, Dargah, Graveyi r I ;]S Waqf propertv. 'll-rercafter, some unconcerned pers: -ts ztre 1t-ving Lo orlcroach the Waqf propertv +. ll. is further submitted that as per r ( pre serlliltion dated 02.O5.2017 submitted by the I),r iiioner, thc Inspector - Auditor, Waqf Board, RR District rnd Survel.ot' ol Telangana State Waqf Board, on 06.09.i ( 1 7 issued a joint rcport staling that that the total extent r,l the Mahal is r)otilicd ir-r ll-rc Gazctte No.6-A, dated 9 2 1)8() at l)z1g(l No.295 at Seriiil No.3228 having attachecl i-rL- cxt( n1 of :\c:.0.32 gLu)tas ir-r S_v.No.62; ilc.4.14 glrntzu; in S,r'. No.61; Ac.2.05 grLl'tteLs in S-v.No.52 and Ac.0.2i i{r-1n t.rs 111 Sy.No. 166. So Izrr as S_t,.Nos.62, 61 and 52 ,r e conccrncd, thel'ar-e located in Nekhr-rampur Village, GarL, ipct Mandal, Cheve lla Division, RR District. So far as Sr'.No. 166 IS concerned, it is located in Ibrahim Bagh Vil r ge, Golcor-rda Mandal, Hvderabad Division and District. It s also sLated that i[ neccssary to conduct joint survey b,, 11r. Reve nue authorities and Waqf Board to ascertain thr' actual extent covered thc Haveli for protection of the Waqf p :opcrty. i I I I i t t ; : w ., 5 It 1S further submitted that F.No.1alRR/PROT/2012, dated 16.1O.2017 the Chief Executive Officer, Telangana State Waqf Board addressed a Ietter to the Tahsildar, Gandipet Mandal stating that some unconcered persons are illegally encroached the Waqf property belongs to Mahal and also trying to construct the building on verification of Village Map of Nekhnampura, the Mahal i.e., Haveli recorded in betrveen Sy.Nos.52 and 61

6. That being the status, learned counsel u'ould submit that respondent No.4 Tahsildar -cum Mandal Revenue Officer, Gandipet Mandal, trying to distul5ing the subjecL property statlng that the saicl propertv belong to Gramakantam land. On 31.O7.2025, the petitioner made a representation to respondent No.2 along with all relevant documents. On 12.O9.2025 respondent No.4 along with their staff trying to demolish the boundary wails. Since no action taken by respondent No.2, he filed the present writ petition seeking a direction to respondent No.4 not to interfere with regard to the property pertaining to the Waqf Board in Sy.Nos.S2, 61 and 62, Mahel/Haveli Dargah 4 Hzt.Syed Asadullah Shah Quadri Slir heed (Rh), Neknampur Village, Gandipet Mandal, R.R. Di ;trict. 7 . On the other hand, learned Assistan t Government Pleader u,ould submit that thrs u'rit petition I as been filed by the petilioncr completely on misconceptior and wrthout there beir-rg anv basis. There are no illegal zrr; ions done b5r the Tahsildar as alleged b), the petitioner anrl it is only the prcsumption ol the petitioner. Hence, he ,r ould seek to dismiss this q'rit petition.

8. Having l-reard learned counsel for tt e petitioner, learned Assistant Government Pleader for tevenue and upon carefuL perusal of matertals placed befrt e this Court, it rs of the considered opinion that this writ 1r 'tition is filed by thc petitior-rer completely on misconceptic n. Ho\rrerrer, urithout going ir-rto merits or demerits of -. re case, this Court deems it a.ppropriate to direct the official respondents to act upon ttre representation made by the petitioner on 3I.OT .2025, in connivan: : with the Telangana State Waqf Board and. take necess ary action as expeditiously as possible by putting the petir ioner and all interested parties on notice and after gi' ng sufficient i i ! I ,/ 5 opportunity of hearing if necessary and take steps to protect the land of the Walf Board in accordance n,ith 1aw.

9. With the above direction, this writ petition is disposed of. Tl-rere shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. P. PONNA KRISHNA SISTANT REGIST //TRUE COPY// SECTION OFFICER To,

1. The principle secretary, revenue department, state of Telangana, secretariat' Hyderabad.

2. The District Collector,, Ranga Reddy District, Telangana. 3. The Revenue Divisional Officer,, Rajendra Nagar Division, Ranga Reddy District, Telangana.

4. The Tashildhar cum Mandal Revenue Officer,, Gandipet Mandal' Ranga Reddy District, Telangana.

5. The Chief Executive Officer,, Telangana State Wakf Board, Opposite Public Garden, Razzak Manzil, HYderabad. 6 One CC to M/S JMS LAW FIRM ADVOCATES & ASSOCIATES, Advocates loPUCl

7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUT]

8. OneCCto SRI NAJEEB KHAN SC FORWAKFBOARD' IOPUC] 9. Two CD Copies DAN PVL Ny . , - .,:\ .h' 'ir4;,:\ t -? I;:ii frfr a-' \ ,\ ;l /i' HIGH COURT DATED:1611012025 ORDER WP.No.31481 of 2025 ,a /'^' ,,,i,.? ,',] l, cr ,. ') I I . : I ! ! : j i DISPOSING OF THE WRIT PETITION WITHOUT COSTS lD \u \0