Sn HASSAN BAIG @ Hussain Beg v. 1. The State of Telangana

Petition under Article 226 of lhe Constitution 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 Direction more Parttcularly in the Nature of MANDAMUS Declaring the action of respondents 2lo 4 in not mutating the name of the petitioner in revenue records in respect of the land in survey number 635/A admeasuring Ac 5-28 guntas situated at Amarachinta Village and lvlandal, Wanparthy District having received on line application 2500101880 dated 7-8- 2025, having issued notice on 20-8-2025 as being lllegal, Arbitrary, Capricious, Malafide, not only Contrary to Records, but also Contrary to Sections 5 and 8 of Bhu Bharti Act consequently direct the respondents 2 to 4 to mutate the name of the petitioner in Revenue Records, issue Pattadar Pass Book by removing from prohibitory List without any reference to the Waqf, in respect of the land in Sy No 635/A admeasuring Ac 5-28 Guntas situated at Amarachinta Village and Mandal, Wanparthy District. i . : ; lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ) the affidavit filed in support of the petition, the High Coun " to grant lnterim Directions directing the respondents 2 to 4 the petitioner in Revenue Records by removing the si r respect of the land in No Sy No 635/4 admeasuring Ac 5- Amarachinta Village and lVlandal, Wanparthy District in application No 2500101880 dated 7-8-2025 forthwith. -cumstances stated in ay be pleased please o mutate the name of re prohibitory List rn 28 Guntas situated at )ursuance of on line Counsel for the Petitioner: SRI M. MEHDI HUSSAIN Counsel for the Respondent No.1 to 4: GP FOR REVENUT: Counsel for the Respondent No.5: SRI FARHAN AZAM Kli \N, SC FOR WAQF BOART The Court made the following: ORDER ( IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33316 of 2o25 DATED : 08-12-2025 Between: Hassan BaiS @ Hussain Beg. And Pe titio ne r The State of Telangana, rep. b1,' its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. Re spondents ORDER: The present writ petition is filed b1, the petitioner under Article 2'26 of the Constitution of India, seeking the follort'ing relief : "...to declare the action of rcspondents 2 to 4 in not mutating the name of the petitioner in revenue records in respect of the land in survey number 635/A admeasuring Ac.5-28 guntas situated at Amarachinta Village and Mandal, Wanparthy District having received on line application 2500 10 1880 dated 7-8-2O25, having issued notice on 2O-8-2O25 as being Illegal, arbitrary, capricious, rnalafide, not only contrary to records, but also contrary to Sections 5 and g of Bhu Bharti Act consequently direct lhe respondents 2 to 4lo mutate the name of the petitioner in revenue records, issue patLadar pass book by removing from prohibitory list without any referencc to the Waqf, in respect of the land in Sy.No.635/A admeasuring Ac.5-28 guntas situated at Amarachinta Village and Mandal, Wanparthy Distnct.. . .,,

2. Heard Sri M.Mehdi Hussain, learned counsel for the petitioner and Sri L.Ravinder, Iearned Assistant Government pleader I'jagc 2 oi 5 al)pearing on behalf of Government Pleack r for Revcnue Sri K. Muralidhar Reddv

3. The learned counsel for thc petition l sr.bmits tirat thc pi cscnt writ pelition is filed assailing the action of 1 rc rcsponclc n ts 2 to 4 in relusing ro mutate the petitior-rer's name in th r re!'enLle lecorcl s in rcspcct of the subjcct land, dcspite receipt .t: online:tpphcation No.250O1OlE80 dated 07.08.2025 and submrs:r rn rf alr requ is itc documenLs pursuan[ to noticc dated 20.08.20:].) on the crroncous prcnrise thar the land is Waqf land. Whercas .l e peLitioiler is thc absolute ow'ner and possessor of the subject Iancl by virtue ol a final Occupancy Rights Certificale dated 23.08.2000 iss - :d lrndcr thc Inams Abolitior-r Act. pursuant to u,hich his name was lnlr ate(I, patli r(la r pass book and trtle deed were issued and he has t 3en in c:olr Iin uouLs posscssion. The land is not notified as Waqf rn il e Wirqf (i:rzet,tc, nri Waql has ever been created in respect thereof ar 1 the allegcd Waqf entrw in the Dharani Portal is patently errone() Ls, having crept in during digitization, the continued inaction of the r :spondents, clespite thc statutory mandale under Sections 5 and 8 of .e Bhu Bharati Act, 2025, Lo conducl enquiry and pass orders, ls )ontrary to rccord, violative of law and liable to be interdicted by thrs Court by direc ting mutiltion of rhe pelitioner's name and issuance ,)' Dattadar pass book after deleting the land from the prohibitory list. /tl Page 3 of5

4. Per contra, the iearned Assistant Government Pleader appearing on behalf of the learned Government Pleader for Revenue opposing the present writ petition, submils that the writ petition is devoid of merit as the subject land in Sy No 635/A of Amarachinta Village and Mandal, Wanaparthy District is classified as Waqf land in the official revenue and digitized records, including the Dharani Portal, which reflects lhe land as endowed property- Once land is recorded as Waqf, it attains a statutory character and vests in the Waqf and the revenue authorities are legally restrained from eflecting mutation or issuing paltadar pass books in lavour of private individuals Any mutation or issuance of pass books conlrary to such classification r.r'ould be in violation of the Waqf Act and bindlng governmental instructions. The petitioner's reliance on an Occupancy Rights Certificate or earlier revenue entries cannot override the statutory protection accorded to Waqf properties, particularly when such entries are subject to verification and correction. In the absence of a competent declaration by the Waqf Tribunal or appropriate authority setting aside the Waqf status, [he respondents are justihed in withholding mulation and no writ of mandamus can be issued to compel an action contrary to law. Accordingly, the writ petition is liable to be dismissed i ! I I I I Page 4 ofs

5. Having heard the rival submissions :_r erther side and thrr material placcd on record, this Court is of the cc r sidere rl vie*. that th. grievance of the petitioner per[ains to norr c tnsrderation of his application lor mutation and issuance of pattacla - pass book in rcspecr of land in S1,.No.635/4, Amarachinta Village ar_rd dandal, Wanaparthl District, on the ground that the land is shown as Vaqf lancl. Since the petitiotler drsputes such classification and ass!:. s title bascd on an Occupancy Rights Certificatc and as the issr te 1-squ11-.s lzrctual venfication of records, this Court does not prol)o,e to adjudicaLe tl_re question of title in exercise of jurisdiction unclr r Article 226 ol Lhe ConstiLution of India. In that view of the mattcr, the officral respondents are directed to examine the petitioner,s applicatiorr in a comprehensive manner, conduct a detailed enquiry by issuing noli:es to all concerned stakeholders. including the Telangana State .J aqf Board. afforrl reasonable opportunitl, of hearing to the petitior_re. as well as the said authorities ancl [hereafter pass a reasoned and spe lking order strictl_v in accordance with law, uninfluenced by any pric : endorsements or portal entries. The entire exercise shall be comple t:d as expediliousll, as possible. It is made clear that this Court hz ; not expressed anv opinion on the merits of the rival claims and all rontentions of the parties are lcfr opsn. l'age 5 ol5

6. With the above observations and directions, the present writ petition is dLsposed of. There shall be no order as to the costs Interlocutory applications, if any pending, shall also stand dismissed //TRUE COPY// SD/.U. SUDHA ASSISTANT REGISTRAR G SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, The State of Telangana, Secretariat, Hyderabad

2. The District Collector, Wanparthy District, 3. The Revenue Divisional Officer, Wanparthy. 4. The Tahsildar, Amarchinta Mandal Wanparthy District. 5. The Chief Executive Officer, The Telangana State Waqf Board, Hajj House Complex, Opp- Public Garden Nampally, Hyderabad 6. One CC to SRI lV. tvlEHDl HUSSAIN, Advocate [OPUC] 7. Iwo CCs to GP FOR REVENUE, High Court for the State of Telangana.

8. Two CD Copies BN BS SF HIGH COURT DATED:0811212025 ORDER WP.No.33316 of 2025 t I -lHL Si4 t (' 1 6 trii 2l.]76 .* ^ +'o ')t 11f.5,-'r,',-l-tl'-( . .:-. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2l ,\& O\ \6'