The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to pass order or orders by suspending the operation of list of prohibition U/s.22(A) in so far as to petitioner's property bearing No.2239 of 2002, dated.02.09;2002 basing on letter dated.04logl2004 vide No. Lr.W.B./Ptol,l20o4, issued by the District Revenue Officer and District Waqf Officer, Ranga Reddy District and letter No.0186712012, dated.06/06/2012 issued by the Tahsildir, Maheshwaram Mandal, and direct the respondent No.5 to issue E-passbook to the petitioner in respect of the subject property, pending disposal of the Writ Petition I I I IA NO :1 0F 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 pass order or orders, preferably one in the nature by setting aside the orders daled:27.01 .2025 in the above writ petition dismissing the Petition for default for not servicing notice on the respondent No.6 thereby to restore the writ Petition to its original position Counsel for the Petitioner: SRl. AZIM PARBATANI Counsel forthe Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent No.5: SRI NAZIR AHMED KHAN , SC FOR WAQF BOARD The Court made the following: ORDER / THE HON'BLE SRI JUSTICE.C.V.BHASKAR REDDY ( I ORDER: WRIT PETITION No.3OSOO of 2o24 This n'rit petition, under Article 226 of tl-re Constitution of India, is frled b1, the petitioner, seeking the follou'ing relief: "For the reasons stated in the accompanying afhdavit, it is prayed that this Honourable Court may be pleased to pass order or orders preferably one in the nature of WRIT OF MANDAMUS or any other Writ by declaring the addenrlr-rm A.P. Gazette bearing No.6, dated:O8 .O2.2OO7 at Page No.159 issued by the respondent No.6 as illegal, arbitrary, violative of fundamental rights under Article 19 and 2 I and violative of constitutional rights under Article 300-A of Constitution of India besides being also violative of principles of natural justice and the 1:rovisions of Waqf Act, 1995 and consequently set aside the same being not binding under law. Consetluently, declare the action of respondents No.3 to 5 in including the subject property all rhat agricultural land admeasuring Ac. 1.28 gts., in Survey No.35, admeasuring Ac. 1.03 gts., in Sy.No.37, admeasuring Ac.1.21 gts., in Sy.No_38, total aclm(:asuing Ac.4.l2 guntas, situated at Kongar:r Khurd "A" Village, Maheshwa-r:am Mandal, Ranga Reddy District, under Gram panchayat Kongara Raviryala Village, Maheshwanam Mandal, Ranga Reddy clistrict basing on lerter datecl: O4.O9.2OO.+ vide No. Lr.W.B. /Prot,/2004, issued by the District Revenue Officer and District Waqf Offrcer, Ranga Redd1, District and letter No.D/867 /2012, dated:06.O6.2012 issued by the \ I i ) CVBR, J W.P.No.3O500 of 2024 Tahsildar, Maheshwaram Mandal in the list of prohibitions U /s.22-A of the Registration Act, as illegal, arbitrary, contrary to the provisions U/s.22(A) of Registration Act, 1908 and rules framed there under in the sard context, so also violative of Articles 79,21 and 30O-A of Constitution of India besides bcing also violative of principles of natural justice and also the guidelines framed by t1le Honble Court. Consequently, declare the inaction of the respondent No.5 in issuing E-pass book/title dceds to the petitioner basing on the said unla*{ul inclusion under prohibition under section 22-A of the Registration Act, 1908 is illegal, arbitrary, unconstitutional and thereby direct the respondcnt No.5 to issuc E-pass book to the petitioner in respect of the subject property all that agricultural land admeasuring Ac.1.28 gts., in Survey No.35, admeasuring Ac. 1.03 gts., in Sy.No.37, admeasuring Ac.l.2l gts., in Sy.No.3S, total admeasuring Ac.4.12 guntas, situated at Kongara Khurd "A" Village, Maheshwaram Mandal, Ranga Reddy District, under Gram panchayat Kongara Raviryala Village, Maheshwar:rm Mandal, Ranga Reddy district without being influenced by the list of prohibition U/s. 22(Al of rhe Registration Act, 1908, and to pass such other order or orders as this Honourable Court deems fit and proper in the circumstances of the case-"

2. This Court uide order dated 04.11.2024 directed the learned counsel for the petitioner to take out personal notice to the 6th respondent and file proof of service before the next date of hearing. Thereafter, the matter was listed on I I I , I To, CVBR, J W.P.N,'t.3O500 of 2024

25.11.2024 and 23.12.2024 and on 23.f2.2O24, at the request of learnecl collnsel lor the petitioner, the matter u,as posted to

27.O1.2025. Today when the matter is taken up for hearing, learned courrsel for the petitioner has not produced any memo of proof of service on behalf of the 6tn respondent in terms of the orders passed by this Court dated 04.71.2024

3. Since the petitioner has not complied ruith the order dated 01 .11 .2024 passed by this Court in eflecting the service of notice on the part of 6tl, respondent, against \\,hom the present rvrit petition has been filed, for the said reason, the writ petition is clismissed As a sequel, the miscellaneous petitions pending, if any, shall strtnd closed. There shall be no order as to costs. SD/. L. LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER

1. One CC to SRl. AZIM PARBATANI Advocate-[OPUCI 2. Two CCs to Gp FOR REVENiiL",iiis'h c;;rift the state of Telansana at 3. iji';-eCi; Sni. i'rnzrn AHMED KHAN, sc FoR wAoF BoARD toPUCl 4. Two CD CoPit-'s Hvderabad [OUT] BM GJP Y*' HIGH COURT DATED:2710112025 ORDER WP.No.30500 of 2024 ,F: {-:. (-) ( t lliE S14 I6: 10 ri: i!:5 t- \. DISMISSING THE WRIT PETITION WITHOUT COSTS ,\(n'\ F^ta> \o\ L'' '