The High Court · 2025

2. Smt Rajya Lakshmi, Wo Late Srinivasa Raju Uppalapu, Aged 43 Years, Occ. Bank Employee, Rl/o Flat No.103, Part of the H.No.42-739121, S.P Nagar, Moulali, Hyderabad. . 3. Chintala Pramod Kumar, S/o C.Vijaya Kumar, Aged 42 Yearc, Occup.Private Service, Ri/o Flat No.104, Part of the H.No.42-7391211, S.P Nagar, Moulali, Hyderabad.

4. A.Phani Kumar, S/o A.Krishna Mohan, Aged 41 Years, Occ. Private Employee, R/o Flat No.105, Part of the H.No.42-739121 1, S.P Nagar, Moulali, Hyderabad.

5. C.N.Neelakantan, S/o C.T.Nagalingatn, Aged 63 Years, Occ. Rtd Bank Officer, Rl/o Flat No.201, Part of the H.No.42-739121 1, S.P Nagar, Moulali, Hyderabad.

6. Dhanunjaya Rao A.V.N, S/o Raja Rao, Aged 46 Years, Occ. Private Employee, Rl/o Flat No.202, Part of the H.No.42-739121 1, S.P Nagar, Moulali, Hyderabad. . 7. Hrishikesh Mahadev Rayadurgam, S/o. Narsimham, Aged 46 Years, Occ. I Private Employee, Fl/o Flat No.204, Part of the H.No.42-739121 '|., S.P Nagar, Moulali, Hyderabad. 8. Z.J.C.Vijaya Kumar, S/o Z.Joseph, Aged 58 Years, Occ. School Assistant, Rl/o Flat No.205, Part of the H.No.42.739121 1, S.P Nagar, Moulali, Hyderabad. 9. N.Vinay Kumar, S/o Late N.Amarnath, Aged 43 Years, Occ. Private Employee, Rl/o Flat No.301, Part of the H.No.42-739/2/ 1, S.P Nagar, Moulali, Hyderabad. '

10.Mrs KavitaTewari, W./ o NandlalTewari, Aged 75 Years, Occ. House Wife, R/o Flat No.302, Part of the H.No.42-7391211, S.P Nagar, Moulali, Hyderabad. 11.Ch.Chandra Sekhara Rao, S/o Srinivasa Rao, Aged 53 Years, Occ. Bank Employee, Wo Flat No.303, Part of the H.No.42-739121 '1, S.P Nagar, Moulali, Hyderabad. '12. Smt Thailamba Gopal, Wo K.V.Gopal, Aged 66 Years, Occ. Rtd Teacher, Fl/o Flat No.3o4,;Part of the H.No.42-739121 1, S.P Nagar, Moulali, Hyderabad. 13. K.V.RaviKanth, S/o K.N.Vibhakar, Aged 62 Years, Occ. Rtd Private Employee, R/o Flat No.305, Part of the H.No.42-739l2/ '1, S.P Nagar, Moulali, Hyderabad.

14.Rayala RAghavaiah, S/o R.Kistaiah, Aged 68 Years, Occ. Rtd Employee, Rl/o Flat No.'dX;Part of the H.No.42-7391211, S.P Nagar, Moulali, Hyderabad.

15.K.Jaya Vardhan, S/o K.Gopinath Rao, Aged 53 Years, Occ. Bank Employee, R/o Flat no.q02, Part of the H.No.42-739i211, S.P Nagar, Moulali, Hyderabad. 16.Smt K.Vani, Wo Bheemsena Rao, Aged 50 Years, Occ. Bank Employee, R/o Flat No.403, Part of the H.No.42-7391211, S.P Nagar, Moulali, Hyderabad. 17.Smt Tekkam Praveena, Wo Late Jaya Shankar, Aged 55 Years, Occ. Aided school Assistant Teacher, Rl/o Flat No.404, Part of the H.No.42-739121 1' S.P Naoar. Moulali. Hvderabad.

18. Dr."Rdieshwar'Elukaturi, S/o E.Venkataiah, Aged 58 Years, Occ. Doctor, Fi/o Flat N6.405, Part of the H.No.42-739121 1, S.P Nagar, Moulali, Hyderabad. ''l9.Makam Venkata Subbaiah, S/o M.V.Ramana, Aged 49 Years, Occ. Private Employee, Fl/o Flat No.501, Part of the H.No.42-7391211, S.P Nagar, Moulali, Hyderabad. 20.A.Srinivas Rao, S/o A.Mukund Rao, Aged 60 Years, Occ. TS High Court ' Employee, Rl/o Flat No.502, Part of the H.No.42-7391211, S.P Nagar, Moulali, 21.B:Vijay Kumar, S/o Kishan Rao, Aged 68 Years, Occ. Rtd Sub-Registrar, Fl/o Flat-Nb.so3, Part of the H.No.42-739121 '1, S.P Nagar, Moulali, Hyderabad. 22. M.V.V.Ratnam, S/o Narayana Murthy, Aged 52 Years, Occ. Private Employee, Rl/o Flat No.505, Part of the H.No.42-7391211, S.P Nagar, Moulali, :'i*Yderutuatl; Hyderabad. ...PET1T'.NER(') AND I 2 3 4 5 The Telangana State Waqf Board, represented by its Chief Executive Officer, Haj House, Nampally, Hyderabad. Tha State of Telangana, represented by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The District Collector, Medchal-Malkajgiri District at Keesara. The Sub-Registrar, Medchal-Malkajgiri District. TheDistrictRegiStrar,Medchal-Malka,lgiriDistrictatKeesara. ...RESPONOENTS Petition r"rnder Afticle 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 an order or orders or direction or writ more particularly in the nature of mandamus declaring that the Waqf Gazette Notification bf the Respondent No.1 beaiing No.6 (A) Dt. 09-2-1989 has declared as illegal by this Hon'b.le Court at serial No.2682 (Dargah Hazaiath Zatullah Shah Saheb Qadri) ir,etuding'the.land, Plots, houses. Flats which are part of the house bearing No.42-739121 1, situated in Sy.No.359/ 1, and 359/3 of the S.P Nagar, Moulali village, MedchalMalkajgiri District, as illegal, gross violation of the principles of the natural justice and ultra-vires the provisions of the sections 4 and 5 of the Waqf Act, 1954 since the entire Gazette Notification bearing No.6 (A) Dt.9-2- 1989 has been invalidated by this Hon'ble Court in WP.No. 3895 of 2019, Dt.26- 9-2019 and WP.No. 30307 of 2021 , D1.24-8-2O22 and consequently declare that the said Gazette Notification is not applicable to the land, the land, Plots, houses. Flats which are part of the house bearing No. 42-739121 l,situated in sy.No.359i 1, and 359/3 of the S.P Nagar, Moulali village, Medchal-Malkajgiri District, and consequently diqgct the registration authorities i.e., the Sub- Registrar and District Reg{stfui (Respondents No.4 and 5) to entertain and register the sale deeds that mQy be presented by the petitioners for purpose of registration in respect of the Flats which is part of the house bearing No.42- 739t211, situated in Sy.No.359/1, and 359/3 of the S.P Nagar, Moulali village, Medchal-Malkajgiri District rn$nout reference to the said Waqf Gazette Notification has been done by tliis Hon'ble Court in WP.No. 3895 of 2019, Dt. 26- 9-2019 and WP.No. 30307 ot 2021, Dt.24-8-2022. lA NO: 1 OF 2025 Petition under Section l5f ;,UPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Sub Registrar and Dislrict Registrar (Respondents No.4 and 5) to entertain and register the sale deeds that may be presented by the petitioners for the purpose of registration in respect of the Ftats which are part of the house bearing No. 42- 739t211, situated in Sy.No.3591.1,, and 359/3 of the S.P Nagar, Moulali village, MedchalMalkajgiri District without reference to the said Waqf Gazette Notification bearing No.6 (A) Dt.9-2-1989 has declared as illegal by this Hon'ble Court at serial No.2682 (Dargah Hazarath Zatullah Shah Saheb Qadri) issued by the Respondent No.1 as the same was already set-aside by this Hon'ble Court in WP.No. 3895 of 2019, Dt- 28:9-2019 and WP.No' 30307 of 2021, Dt.24-8-2O22, pending dis.posal of the WritiPetition. !: Counsel for the Petitioners :SRl K LAKSHMI MANOHAR Counsel for the Respondent tQ 1: S$J FARHAN AZAM KHAN SC FOR WAQF BOARD counsel for the Respondents {o.2To 5: SMT S SRAVANTHI AGP FOR STAMPS AND REGISTRATION , The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH o 67 ORDER: Heard Sri K.Lakshmi Manohar, rearned counser for the petitioners; Sri Farhan Azam Khan, learned Standing Counsel for waqf Board appearing for respondent No.1; smt. s.sravanthi, Iearned Assistant Government preerder for stamps and Registration appearing for the respondent Nos. 2 to 4; and perused the entire materiar availabre on record. with consent of both the parties, this writ petition is disposed of at the stage of admission. 2' Leaned c,unser for the petitioners submits that the issue involved in this writ petition is squar.ely covered by the order passed by this court in w.p.No. 16142 <tf 2023 dated 12.07.2023 and requested to pass similar ordcr in this writ petition. 3. Learned Assistant Government pleader for stamps and Registration as weil as learned Standing counser for waqf Board did not dispute the submission made by the learned counsel for the petitioners with regard to the disposal of w.p.N o.L6742 of 2023 dated 12-o2.2023 and, requesLed to pass appropriate orders. 4' In view of the order passed i, W.p.No. 16142 of 2023 dated L2.o7.2o23 and for the reasons men[ionec] therein and thus, 2 considering the fact that the notification published in the gazette dated Og.O2.lg8g, was set aside by this Court, this Court is of the view that the Registering Authority cannot again place reliance on the sarne notificaiion and refuse to register the document. Therefore, the Writ Petition is disposed of with the following direction:- The Registering Authority is directed to entertain the sale deeds, if any, presented by the petitioners regarding the properties located in Survey Nos.l)59/land359/:3ofsardarPatelNagar' Moula-Ali villagc, Medchal-Mall<ajgiri District, register and release thc said docurnents without reference to the gazette notification dated og.o2.1989. Ho,uvever, the ltegistering Authority shall see that the documents presented are in compliance of the provisions of the Registration Act, 1908, the lnclian Stamp Act, 1899 and other legislations governing the field including the waqf Act. No order as to costs'

5. Registry is directed to annex copy of the order in w.P.No. 16142 of 2023 dated 12.07.2023 along with this order' 3 Miscellaneous petitions, if anv, pending in this writ petition, shall stand closed. TffRUE COPY// Sd/-T.SRINIVASA REDDY ASSISTANT REGISTRARa SECTION OFFICER To, i NamPallY, HYderabad. t

1. The Chief Executive Offi#r, Haj House, Telangana State Waqf Board,

2. The Principal secretary, Revenue. (stamps,and Registration) Department, Stale of T6langana, S6cretariat, Hyderabad'

3. The District Collector, Medchal-Malkajgiri District at Keesara' 4. The Sub-Registrar, Medctralddalkajgiri District' 5. The District Registrar, Medctfel-Malkajgiri District at Keesara' 6.oneCCtoSRlKLAKSHMI0/ANoHARAdvocate[oPUC] T.oneCCtoSRIFARHANAZAMKHANSCFoRWAQFBoARD[oPUC] S.TwoCCstoGPFoRSTAMPSANDREG|STRATION,HighCourtforthe State of Telangana at Hyderabad' [OUT]

9. Two CD CoPies D,N PMK W HIGH COURT DATED i1211112025 ;,t' ?t ORDER WP.No.34267 of 2A2S / .,( O ,) 'i !i*. .-, I \ I t. 01 rrc mfr ft,:.n 4 T i'. l.' t: (\ * ISPOSING OF THE WRIT PETITION u WITHOUT COSTS \v \ i {