Rahmath Khan v. The State of Telangana

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 any Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos. 2 to 4 not taking any action against the unofficial Respondent and his relatives against the encroachment over the Waqf land in Sy.No-326 to an extent of Ac.1-28gts, Sy.No.347 to an extent of Ac.2-14gts, Sy.No.34B to an extent of Ac.1-26gts, situated at Bhainsa Town and Mandal, Nirmal District, which is notified Waqf Land shown in Gazette S1.No.7614, as illegal, arbitrary and violation ol articles 14, 21 and 300-A of Constitution of India also against the principles rf natural justice and consequently direct the official Respondents to take action against the Respondent No.7 and his associates for illegal encroachmo rts of the Waqf land in Sy.No.326 to an extent of Ac.1-28gts, Sy.No.347 to an ( xtent of Ac.2-14gts, Sy.No.348 to an extent of Ac.l-26gts, situated at Bhainsir Town and Mandal, Nirmal Dtstrict, which is notified Waqf Land shown in Gazettr S1.No.7614. as per the Report dated 26.08 2025 submitted by the Waqf lnspectcr . lA NO: 1 OF 2025 Petition under Sectron 151 CPC praying that in the cir( umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official Respondents to take action against the Fi :spondent No.7 and his associates for illegal encroachments of the Waqf Ianc in Sy.No.326 to an extent of Ac..1-28gts, Sy.No.347 to an extent of Ac.2-141y s, Sy.No.34B to an extent of Ac.1-26gts, situated at Bhainsa Town and [/andal, I irmal District. which is notified Waqf Land shown in Gazette S1.No.7614, as trrr r the Report dated 26.O8.2025 submitted by the Waqf lnspector, pending d s posat of marn Writ Petition. Counsel for the Petitioner : SRI M A K MUKHEED Counsel for the Respondent No.1 : GP FOR MINORITY WEL I ARE Counsel for the Respondent No.2: SRI FARHAN AZAM KH/\ ,1, SC FOR WAQF BOARD Counsel for the Respondent Nos. 3 to 5: GP FOR REVENUT: Counsel for the Respondent No.6: SRI P KRISHNA REDDY, ;C FOR MUNCIPALITY Counsel for the Respondent No.7: --- The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.3IOI2 oF 2025 ORDER In this Writ Petition, the petitioner is seeking a direction to the olficial lespondents to take action against the ittegal encroachment of the waql land in Survey No.326 10 an extcnt ol Ac.I.2g guntas, Survel, No.347 to an extent of Ac.2.l4 guntas and Survey No.34g to an extent of Ac. 1.26 guntas situated at Bhainsa Town and Mandal. Nirrnal District which is a notified waqf land as shown in Gazette S1.No.7614 and as per the report of the Waqf Inspector dt.26.08.2025 and Lo pass such other. order or orders. 2, Learned counsel for the petitioner r.eiterated the submissions made in the writ affidavit and submitted that the unoffrcial respondent, i.e., respondent No.7 is encroaching the waqf land and is trying to make constructions thereon and therefore, the petil.ioner had made 1 I representations and the Waqf lnspector has also made enquiries and submitted a report dt.26.08.2025. According to the said r.eporl, a joint \ t survey was to be conducted by the Telangana Waqf Board as well as the ., \ '.I']. \o i 1012 of 202-5 Tahsildar, Bhainsa Mandal and thereafter, action wa,r supposed to be taken. Alleging inaction on the part of the official respo.Ldents. this \Vrit Petition has becn filed

3. Leanred Stancling Counsel for respondent No Z Waql Boarcl submitted that action rvill be taken in accor-de tce rvith lar.l, expeditiously.

4. In view ol the same, this Court deems it fit anc troper to direct respondent No.2 to take action on the repoft of the Waqf Inspector dt.26.08.2025 erpeditiously, prelerably within a perio,J of rhree w.ccks frorn the date on rvhich the Waqf Board has been consti:r ted

5. I'he Wlit Pctition is accordingly disposed of. No :.der as to costs

6. Pending rniscellaneous petitions, if any, in this Vz it petition shall stand closed. Sd/.A c GOWRI SHANKAR S ST \NT REGISTRAR .H \' I //TRUE COPY// \, SECTION OFFICER To, The Principal Secretary trlinority Welfare Department' Sr; ;retariat' The State of Telangana, HYderabad The Chief Executive officer Haj House, Nampally' Telar.t ana State Waqf Board, HYderabad 1 2

3. The District Collector, Nirmal District 4. The Sub Collector, Bhainsa Division' Nirmal District' Te: ngana State 5. The Tahsildar, Bhainsa ttilandal' Bhainsa District 6.Commissioner,BhainsaMunicipality,BhainsaDistrict,l\lilabad -

7. One CC to SRt. M A K MUKHEED Advocate [OpUCj 8. One CC to SRt FARHAN AZAM KHAN, SC FOR WAeF BOARD 9. One CC to SRt P KRTSHNA REDDY, SC FOR MUNCtpALtTy 10. Two CCs to GP FOR MtNORtTy WELFARE ,High Court for the State of Telangana. [OUT] 1 1 . Two CCs to GP FOR REVENUE, High Court for the State of Telangana

12.Two CD Copies PVL PIVK HIGH COURT DATED:1 3l10l2O2S - I t ORDER WP.No.3101Z of ZO2S I I I I I I 1l iI ,::\ 7 q' ,) 1, [1 M U .\ \.: .,,,, .t '.|.,\..,/ ) ,/ '.' I DISPOSING OF THE WRIT PETITION WITHOUT COSTS