Dismissed

Smt. Farhana Begum v. Telangana Waqf board and 3 others

Telangana HC13 Feb 2023WP/4014/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 and Section 151 CPC seeking a writ of mandamus to quash an order cancelling a Wakf declaration due to alleged procedural irregularity, specifically failure to issue notice. The petitioner withdrew the petition during the hearing.

What did the court decide?

Permission accorded to withdraw the writ petition with liberty to file a fresh one with appropriate pleadings and prayer.

Smt. Farhana Begum Vs Telangana Waqf board and 3 others — Property and Title | Telangana HC (2023)

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132s6 |

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE / PRESENT

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TItE HON'BLE SRI JUSTICE I,IUMI{INENI SUDI{EER KUI{AR ,/ \YI{IT PETITION NO: 4014 OF 2023

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Betrveen:

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Smt. Farhana Begum, W/o MD.lmam, Occ. Housewife, R/o HNO.I-I l-2N0022, IInd Railway Gate, Near Fathima Masjid, Jogulamba, Gadwal District, Telangana State

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...PETITIONER^/

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AND

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I .^'felangana Waqlboard, Rep by thc Chicf Executive Officer, Haj House, Nampally, llydcrahad. Tehnganl Statc.^/

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l-lic Tahsilclar Curi Joint Sub Registrar, Jogulamba Gadwal District ./

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Thc Sub Registrar Stamps 2rd Registration, Department Gadwal, Jogulamtra Cadrval District Tclangana State.^z

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Sycd Yagoob Mohiuddin, S/o Syed Shamsuddin Quadri, Occ. Janashcen Sajjadac Nasheen-O-Muttavalli Dargah Hazrath Sycd Shah Maroof Pecr Qu.adri (RIt) Jogularnba Cadwal, Raichur Road, Jogularnba Gadwal District.^/

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circurnstanccs stated in the affidavit filed therewitlr, thc I{igh Court may bc pleascd to issue a Writ Order or direction more particularly one in the nature of Writ of Mandarnus, declaring the action of the respondents to cancel the impugned order vide No.04/TWO/JCDLl20Z0lZ-fi, dated 23108/2021 including thc Tclangana Cazette Notiflcation without issuing the notice to the 2nd and 3rd respondents as the Sy.No.l038, admeasuring Ac l-35 guntas out of Ac.4.20 guntas, situated aI Raghavendra Colony, Raichur Road, Jogulamba,^'Gadwal District undcr section 22-A(I)(c) withholding thc rcliance of the Sy.No.1038, admeasuring Ac l-35 guntas out of Ac.4.20 guntas, situated at Raghav-endra Colony, Raichur Road,Jogulamba, Gadwal District as the wakf property, so that 3rd respondent would not have executcd rcgistcr sale deed docurnent No.26l4 of 2008 as illegal, improper, arbitrary, unjust and against the Principles ol'Natural Justice, in the interest ofjustice. .,-

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lA NO: I O[ 2023

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Petition under Scction l5l CPC praying that in the ciroumstances statr:d in the atfidavit filed in support of the petition, the High court may be pleascd to direct thc lst Respondcnt to stay thc impugned order vide No.04/TWO/JCDLIZO20/Z-I|, dated 23/0812021 in lavour of 4th respondent including the Telangana Gazette Notification rvithout issuing the noticc to the 3rd respondent,as per thc documents bearing No.26l4 of 2008 shorvn as Ac.2-10 guntas but as per the 2nd and 3rd rcspondcnts it is mcntioncd as Ac. l-15 guntas. [t is becausc of the area Erata of the land as thc Sy.No.l03g, adtneasuring Ac l-35 guntas out of Ac.4.20 guntas, situated at Raghavenclia Colony,

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Raichur Road, Jogulamba, Gadwal District under section 22- A()(c) withholding the reliance of the Sy.No.l038, admeasuring Ac l-15 guntas out of Ac.4.20^guntas, situated at Raghavendra Colony, Raichur Road, Jogulamba, Gadwal District as the wakf property, so that 3rd respondent would not have executed register sale deed document No.26l4 of2008.

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SIU. BOYA BOYA RAVINDER REDDY

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Counsel for the Petitioner: SIU. BOYA BOYA RAVINDER REDDY Counsel for the Respondent No.l: ABU AKRAM (SC FORTSWB)

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Counsel for the Respondents No.2 & 3 : GP FOR REVENUE

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Counsel for the Respondent No.4 : MIRWAJTD ALI KHAN

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The Court madc the follorving:

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THE HON'BLE SRI .^TSTICE MUMMINENI SUDIIEER KUMAR WRIT PETITION No.4O14 of 2o.23

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ORDER:

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Sri Boya Ravinder Reddy, learned counsei for the petitioner, represented that he is appearing in this matter with no objection vakalat and the said no objection vakalat is being filed today.

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However, learned counsel for the petitioner, having noticed the contents of the affldavit, intends to withdraw the writ petition with liberty to the petitioner to file a fresh writ petition with appropriate pleadings and prayer.

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Permission is accorded and the writ petition is accordingiy dismissed as withdrawn with the liberty as sought for by the petitioner. There shall be no order as to costs.

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Miscellaneous Petitions, if aly, pending in this writ petition

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shall stand closed.

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SD/-P.GOWRI^SHANKAR ASSISTANT^REGISTRAR //TRUE COPY// SECTI6N^OFFICER

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T o t. One CC to SRI. BOYA RAVINDER REDDY 4dvocate tol!gl,^i. 5;; Ed^{i" srti neu AKRAM (sc} tg4 ls-w.B)^{Advocate[oP-uc]} ;. il;a i"^{siiinrtn wAJID Art xnaNAdvocate[opuc]} 4. Two CD^CoPies

HIGHCOURT

MSKJ

DATED:13/02l2023

ORDER

WP.No.4014 of 2023

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WRIT PETITION IS DISMISSED AS WITHDRAWN

Smt. Farhana Begum v. Telangana Waqf board and 3 others

Case brief

What is this about?

What did the court decide?

Smt. Farhana Begum v. Telangana Waqf board and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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