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CDJ 2026 TSHC 964 My Notes print Preview print print
Court : High Court for the State of Telangana
Case No : W.P. No. 28733 of 2025
Judges: THE HONOURABLE MR. JUSTICE LAXMI NARAYANA ALISHETTY
Parties : M. Krishna Reddy & Others Versus The State of Telangana, reptd by its Principal Secretary, Revenue Department, Hyderabad & Others
Appearing Advocates : For the Petitioners: Shakera Banu, Advocate. For the Respondents: GP For Revenue.
Date of Judgment : 15-09-2026
Head Note :-
Waqf Act, 1954 - Section 52 -
Judgment :-

1. This Writ Petition is filed to issue a writ of Mandamus declaring the action of respondent No.6 in issuing AP Gazette No.6 dated 09.02.1989, under Section 52 of Waqf Act, 1954, and also an addendum to said Notification which was published on 08.02.2007, Part-II Misc Notification, in respect of petitioners’ land admeasuring Acs.6.00 gts in Sy.No.283 of Kongarakhurdu(A) Village, Maheshwaram Mandal, Ranga Reddy District, as waqf lands, without following due process of law, as illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice and also contrary to the provisions under the Wakf Act 1995 and consequently, to set aside the aforesaid Gazette notification and the addendum to it insofar as the claim of the petitioners over the subject lands are concerned.

2. Heard Smt Shakera Banu, learned counsel for the petitioners, Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board and learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioners submitted that the petitioners are owners of land admeasuring Acs.6.00 gts in Sy.No.283 of Kongarakhurdu(A) Village, Maheshwaram Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.13448/2006, dated 22.08.2006 and since the date of purchase, the petitioners have been in continuous possession and enjoyment of the subject lands; and the revenue authorities, on due enquiry, mutated the names of the petitioners in the revenue records and pattadar passbooks and title deeds were issued in their favour.

               3.1. Learned counsel further submitted that on coming to know about Addendum to gazette Notification No.6 published on 08.02.2007, in which the petitioners’ lands have been included and have been claimed as waqf lands, the petitioners filed the present Writ Petition.

               3.2. He further submitted that neither survey was conducted nor notice whatsoever was issued to the petitioners before issuing either the original notification dated 09.02.1989 or the subsequent addendum notification, therefore, the impugned gazette notification and the addendum notification issued by the respondents is unsustainable being contrary to the provisions of the Waqf Act.

               3.3. He further submitted that the gazette notifications issued in the year 1989 notifying lands of certain individuals as waqf lands was challenged before this Court by filing various Writ Petitions on the ground that the same were issued without following the provisions of the Waqf Act and further, they were issued under the Old Waqf Act, 1954 and the same were allowed by this Court. He relied upon the judgment passed in B.Gowra Reddy Vs. Government of Andhra Pradesh (AIR 2002 AP 313), which was upheld in Writ Appeal No.745 of 2002, vide orders dated 21.3.2011. Thus, the legal position with regard to gazette notification dated 09.02.1989 has become final.

               3.4. He further submitted that since the original notification dated 09.02.1989 is itself held to be invalid, the addendum notification 08.02.2007, by which the petitioners’ lands have been shown as waqf lands, is per se illegal and contrary to the Waqf Act, 1954. He further submitted that the addendum has been issued under the Amended Waqf Act, 1995 and sought to amend the notification dated 09.02.1989 issued under the Waqf Act, 1954.

4. By contending thus, learned counsel finally prayed to allow the Writ Petition.

5. Per contra, learned Standing Counsel for the Waqf Board submitted that the addendum to notification No.6, dated 09.02.1989 was issued by duly following the provisions of the Waqf Act. He further submitted that there is enormous delay of 18 years in filing the present Writ Petition challenging the addendum notification and the petitioners have not given any satisfactory explanation for such huge delay and therefore, the Writ Petition is liable to be dismissed on the ground of delay and laches.

               5.1. Learned Standing Counsel further contended that the petitioners have no locus standi to maintain the writ petition; that there is delay and laches on the part of the petitioners; and that without exhausting the alternative remedy of approaching the Waqf Tribunal, the petitioners have approached this Court.

               5.2. He further submitted that setting aside of notification dated 09.02.1989 has no bearing on the addendum notification dated 08.02.2007 since both are independent and accordingly, prayed to dismiss the Writ Petition.

6. This Court has carefully considered the rival submissions advanced by the learned counsel appearing for both the parties and perused the material available on record.

7. The petitioners are claiming the subject lands by virtue of registered sale deed and further, contended that they have been in continuous possession and enjoyment of the subject lands and pattadar passbooks and title deeds were issued in their favour. Respondent No.6 claimed the subject lands as waqf lands by way of addendum notification dated 08.02.2007.

8. Though respondent No.6 claimed that the provisions of the Waqf Act have been duly followed and survey was conducted and notices were issued to the petitioners, no material is placed on record in support of the said contentions.

9. On the other hand, the petitioners placed on record the survey report which demonstrated that they are in possession and enjoyment of the subject lands.

10. It is also not in dispute that notification dated 09.02.1989 was challenged before this Court in various Writ Petitions, some such Writ Petitions being WPNo.12275 of 1993 and batch (B.Gowra Reddy Vs. Government of Andhra Pradesh), in which this Court has elaborately dealt with the matter and set aside the said notification insofar as the petitioners therein are concerned on the ground that the provisions of the Waqf Act, 1954 are not followed.

11. The issues involved in this Writ Petition are identical to that raised in B.Gowra Reddy’s case (cited supra) and also in Writ Petition No.35945 of 2025 and this Court while dealing with W.P.No.35945 of 2025 has elaborately dealt with all the issues and adjudicated the same, vide orders dated 15.09.2026. Therefore, insofar as the impugned gazette notification is concerned, the reasons and observations in the order passed in WPNo.35945 of 2025 holds good.

12. As regards the addendum to the said notification, it is trite to note that the said addendum was issued in the year 2007, but no steps have been taken by the Waqf Board either to evict the petitioners from the subject lands or recover possession thereof. This is evident from the survey repoprt and the title deeds and pattadar passbooks issued in favour of the petitioners.

13. Further, it is pertinent to note that the Addendum notification dated 08.02.2007 does not refer to specific provision or Act under which it is issued. On this ground also, the Writ Petition deserves to be allowed. Once the original notification dated 09.02.1989 is held to be invalid and set aside, the legal consequence is that the Addendum notification dated 08.02.2007 insofar as it relates to the lands of the petitioners no longer can be held to be valid.

14. In the light of the foregoing reasons, this Writ Petition is allowed in terms of order, dated 15.09.2026, in Writ Petition No.35945 of 2025 and AP Gazette No.6 dated 09.02.1989, under Section 52 of Wakf Act 1954 and also the addendum to said Notification which was published on 08.02.2007 Part-II Misc Notification by respondent No.3 in respect of petitioners’ land are hereby set aside, and it is further directed that the reasons and directions contained in the order dated 15.09.2026 passed in WPNo.35945 of 2025 shall form part of this order.

15. Miscellaneous petitions pending, if any, shall stand closed. No costs.

 
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