IVOHAMTMED FARID v. '1 . 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 a Writ Order or Direction more Particularly in the Nature of IVANDAIVUS Declaring the action of respondents 2 to 4 in not mutating the name of the petitioner in revenue records in respect of the land in survey number 635/E admeasuring Ac 5-29 guntas situated at Amarachinta Village and I\,4andal, Wanparthy District having received on line application 2500'10043'l dated 61812025, having issued notice on 201812025 as being lllegal, Arbitrary, Caprieious, 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 635/4 admeasuring Ac 5-28 Guntas situated at Amarachinta Village and Mandal, Wanparthy District lA NO: 1 OF 202 5 Petition under Section 1s1 cpc praying that in the c i lumstances stated in the affidavit fired in support of the petition, tnJ nigh court r,v o" pt"rr"o pi"rs" to grant lnterim Directions directing the respondeits 2 to 4 t r mutate ttre nJme or the petitioner in Revenue Records by removing the sa r e prohibitory List in respect of the land in Sy No sy No 635/E admeasJring Ac t,.19 Guntas siiuated at Amarachinta Village and Mandar, wanaparthy District in ursuance of on rine application No 2500100431 dated 6-8-202.5 fort-hwith Counsel for the Petitioner: SRI M. MEHDI HUSSAIN Counsel for the Respondent No.1 to 4: SRI L. RAVINDER, I SST. Gp FOR REVENUE REP. FOR SRI I( MURALIDHAR REDDY, GP FOR REVENUE counsel for the Respondent No.5: sRr FARHAN AZAM, s(; :oR wAeF BOARD The Court made the following: ORDER TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETIT ION No.3323 3 of 2025 DATED :O8-L2-2O25 Betu,een: Mohammed Farid And .. Petitioner The State ofTelangana, rep. by its Principal Secretarl,, Revenue Department, Secretariat, Hyderabad and others. ORDER: . Respondents The present u,rit petition is filed by the peritiuner uncler Arrrcle 226 pf the Constitution of India, seeking the follorving rclief : "...to declare the action of respondents 2 to 4 in not mutating the name of the petitioner in revenue records in respect of the land in survey number 635/tr. admeasuring Ac.S_29 guntas situated at Amarachinta Village and. y^1"^d_"1, Waiparthy ti"Li.t n.ri"g ....i"J on line appricarion 25001oo431 aatea 6-a-2625, having r"",i.a ,rori.. on 20 B-2O25 as being Illegal, arbitrary, capricious, malafide, not only contrary to records, but arso contrary to sections 5 and g of BLu gharii Act consequentry clirect the responden ts 2 to 4 to mutate the name of the petitioner in Revenue,. Records, i""r.- prtt.d.r pass U."[ ty removing from prohibitory .list without ,.ry ..i"...r.. to the Waql, In respect of the above land. . . .,,

2. Heard Sri M. Mehdi Hussain, learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government pleader . i I I i I I I Pagc 2 ol5 appeanng on behalf of Government [)]._- Lder for Revenur Sri K.Muralidhar Reddr.. r-rotice dated 20,08 06-08-2025 and

3. The learncd counsel for the pctiti.r;,r stlbmtts that rhe respondent Nos.2 to 4 have acted illegally, arbitrar ly and in violation ol Sections 5 and 8 ol the Rhu Bharatj Act,2O2S in .r fLrs;ng to mutate thc petitioner's narne in the rcvenue records in rr::.1 cct of Iand bearing Survey No.63J/tr, aclmeasuring Ac.S 29 s- .lrasr sltuated al Amarachinta Village and Mandal, Wanaparthy I) s rrct, despite receipt of onlinc appllca[ion No.25OOi00431 datr:ri submissiorr of all requisite documents pursuant t ) 2025. The subject land is a privatc patta lancl I possessed by the petitioner,s late mother uncl;r Rights Certificare datecl 23-Og-20O 1 issued by L pursuant to which her namc was mutated and pil 1 title deed were issued and she remained in unin r till her death on OB-O2-2O19. The petitioner, be obtained a F amill, Member Certificate dated 02_ 1 l - 2 mutation and issuance of pattadar pass l:,> respondents l-rave kept the application pending sol,: ground that the land is Waqf property based on er Dharani Portal, though thc said survcy number ck r the Waqf Gazette and there is no notification , r )2 1 and applied for ,k. However, the ng her legal heir, a valid (Jccupancy i on the erroneous iginally or.vned and s not find place in urong entry in the rdar pass book and Lc Inam Authoritr., rrultted possession legal declaration ,;1 Page J of 5 treating Lhc land as Waqf. The impugned inaction and rcfusal to conduct a llroper enquiry or pass a reasoned order is contrary to record, without authority of law and liable to be interdicted by this Court under Article 226 of the Constitution of India.

4. Per contra, the learned Assistant Government Pleader, basing on the written instructions submitted by respondenl No.4, opposed the present r.r,rit petition submitting that on verihcation of the revenuc rccords, it is lound that survey No.635 originally admeasuring Ac. 1 I 17 guntas was classified as Kidmati Inam land, wherein the Khasr:r Pahat'ri (1954-55) recorded Sri Khaja Abdul Miya as pattadar and others as cultivators and the old ROR reflected Shebu Vushenu Molla as pattadar and cultivator. Subsequently, an Occupancy Rights Certificate vgas issued in favour of Smt.Tahera Bee, W/ o.Ahmed Hussian vide proceedings dated 23-08-2OOl for Ac.5-29 guntas in Survey No.635/tr, pursuant to which her name was entered in the new ROR as pattadar and pattadar pass book was issued, her name continuing in the revenue records up to the year 2017. During the land records updation programme, survey No.635 was reflected as Waqf property in the Dharani/ Bhu Bharati portal based on its inclusion in an earlier Waqf list, resulting in its inclusion in the prohibited properties list. However, as per the latest Waqf properfy list furnished by the Waqf Inspector/ Auditor, Wanaparthy District, Survey No.635 Page 4 of5 does not hgure as Waqf land In view of the ab()\1 . th.j pctitioner,s TM 33 application shall be examined in acco:.r I nce u,itr.r law anc approprrate orders shall lte passcd as per rules. 5' Having heard the ri'ar submissions r, either sidc and the materi.l placed on record, this Court is of the c.;t;idered vicr' that the grievance of the petitioncr pertains to non : rnsideration of his application 10r mutation and issuance of pattadzLi rass bool< in respect of land in Sy.No.635/A, Amarachinta Villagc arrd landal, Wzutaparthy District, on the ground that the land is shorvn its ,aqf. lancl. Since the pelitioner disputes such classification and assc:1j trlle bersed on an Occupancy Rights Ccrtificate and as the js;st e requircs factual verification of records, this Court does not prof)(. e to adj,clicate the question of title in exercise of jurisdiction undt r Article ,),26 of the Constitution of India. In that view of the matter, th: ofhcial rcspondents are directed to examine the petitioner,s applicatiot L n a comprehensive manner, conduct a detailcd enquiry by issuing noti es to all concerned stakeholders, including thc Telangana State ,.1 aqf Boarcl, afford reasonable opportunity of hearing to the petitione - ls rvell as the said authorities and thereafter pass a reasoned and spe rking order strictly in accordance with law, uninfluenced by any prlc . endorsr)ments or portai entries. The entire exercise shall be complr t ,d as expeditiousll, as possible. It is made clear that this Court hzr:; not expft_,ssed anv .../ Page 5 ol5 opinion on the merits of the rival claims and all contentions of the partie s are left open

6. With tl)c above observations and directions, the present writ petition is disposed of. Therc shall be no order as to the cosrs. 7 . lnterlocutory applications, i[ any pending, shall also stand dismrssed. SD/.U. SUDHA ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY// To, l I '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 Nampalfy, Hyderabad 6. One CC to SRI M. IVEHDI HUSSAIN, Advocate [OPUC] 7. One CC to SRI FARHAN AZAM, SC FOR WAOF BOARD [OPUC] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana

9. Two CD Copies BN BS w HIGH COURT DATED:0811212025 ORDER WP.No.33233 of 2025 16IIHF \ 1 6 .lr: ?ntt ,1 ,i (.) )( DISPOSING OF THE WRIT PETITION WITHOUT COSTS .*-.,c$ 'k"'