1 . Mohd Jaffer Meeran v. l . 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 one in the nature of _-writ of Mandamus declaring the .Notification publlshed in Al|. Gazette No. 46- A dated 20- 12- 2OO1 notifying the land in survey Nos. 326 to 335, 337 to 377, 380 to 386. and 391 to 396. admeasuring Ac 394- 19 guntas, at Serial No. 19058 as illegal, arbitrary, against the statute, without jurisdiction and violative of principles of natural justice and violative of Article 300- A of the constitution of lndia lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated ih the affidavit filed in support of the petition, the High Court may be pleased grant an interim direction suspending the Notification published in A. P. Gazette No. 46- A dated 20- 12- 2OO1 notifying the land in Survey Nos. 326 to 335, 337 to 377,380 to 386, and 391 to 396, admeasuring Ac 394- 19 guntas, at Serial No. 19058 pending disposal of the writ petition. Counsel for the Petitioners: SRI MOHAMMAD ADNAN Gounsel for the Respondent No. 1 : GP FOR SOCIAL WELFARE Counsel for the Respondent No. 2 : SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD Counsel for the Respondent Nos. 3 & 4 : GP FOR REVENUE The Court made the following: ORDER ( . t n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLB SMT. JUSTICE T. MADHAVI DEVI F DATED | 16.12.2025 Between: Mohd Jaffer Meeran and another ... Petitioners AND The State of Telangana through its Principal Secretary, Minorities Welfare Department having office at T.S. Secretariat, Hyderabad and 3 others ORDER Respondents The writ Petition is filed challenging the impugned notification published in the then A.P. (now Telangana) Gazette No'46-A dt.20.l2.2ool under Section 5(2) of the wakf Act, 1954 as illegal and arbitrary since the said Act had already been repealed. tt is submitted that the issue in this Writ Petition is squarely 2. covered by the orders dt.07.10.2025 passed in W.P'No'11855 of 2023, I I 2 W.P. No.35497 of 2024 wherein the learned Senior Counsel appearing for the petitioner therein placed reliance upon the judgment of the Division Bench of this Court in W.A.No.1432 of 2016 and batch dt.04.12.2023 in support of his proposition that any notification issued under a repealed Act cannot be sustained, and submitted that in W.A.No.1432 of 2016 and batch, the notification was issued on 15.11.2001 and in W.P.No.11855 of 2023, the notification was issued on 29.11.2001, whereas in the present case for consideration, the notification is dated 20.12.2001, i.e., only some days apart and all the facts and circumstances are also similar and therefore, the said decision would apply in this case as well

3. Sri Farhan Azam Khan, learned Standing Counsel for respondent No2 Wakf Board, submitted that a fresh notification has already been issued under the subsequent enactment, i.e., the Wakf Act, 1995 now named as the Unified Wakf Management, Empowerment, Efficiency and D€velopment Act, 1995 (as amended by Act 43 of 2025) which came into effect from 08.04.2025 and the action is being taken thereunder. He further submitted that the orders in W.A.No.l432 of 2016 and batch dt.04.12.2023 are under challenge before the Hon'ble Supreme Court of India in an SLP and the same is pending consideration. i : l i I rib G, (-i 3 W.P. No.35497 of 2024

4. In view thereof, this Court is inclined to set aside the Gazette Notification dt.20.12.2001, which was issued under the repealed Act of

1954. Since the respondents have already issued a notification under the subsequent Act, they may proceed to take action in accordance with the

5. However, it is also made clear that this order shall not be treated as a precedent in cases which are filed after issuance of Notification under the Wakf Act, 1995 now renamed as the Unified Wakf Management, Empowerment, Efficiency and Development Act, 1995 (as amended by Act 43 of 2025) which came into effect on 08.04.2025.

6. With the above observations, this Writ Petition is disposed of. No order as to costs. However, the issues on merits are left open to the authorities to consider in accordance with law.

7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed SD/-A.H S. GOWRI SHANKAR STANT REGI I/TRUE COPY// SECTION OFFICER To, :l.ThePrincipatSecretary,-UinoritiesWelfareDepartmentHavingofficeatT.S. n a' H yd e ra b a d' S e c retai u t, i n"t= S ti6 i't it t a n g "

2.CEo,TelanganaState..W.qafBoard,HavingofficealRazzackManziopp Fuori'" critlL''G' r'lampatty' Hyderabad

3. The District collector,'siddipet District Having office at :lntegrated office \

4. The tr/andal Revenue officer, Gajwel, Having offic'b at Gajwel 5. One CC to SRI tvIOHAIUMAD ADNAN, Advocate [OPUC] 6. ONE CC tO SRI FARHAN AZAM KHAN, SC FOR WAKF BOARDO, AdVOCAIE \ loPUCl

7. Two CCs to Gp FOR SOCIAL WELFARE, High court for the State of Telangana. [OUT] B. Two CCs to Gp FOR REVENUE, High court for the state of Telangana.

9. Two CD CoPies PVL BS Y*. HIGH COURT DATED i1611212025 / / ORDER WP.No.35497 of 2024 '{ HT STA S ogJAN?ti?E ., .: I -1q1Qtr"'''- DISPOSING OF THE WRIT PETITION WITHOUT COSTS .o(od (b {* I I \ \ t I 1,1.i. ,. ., ,1,1 ,.,..:,,1 ..';:i;i,..:.;ll:..j'i