Smt.Srirajakaladindi Deepthi Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

Smt.Srirajakaladindi Deepthi Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Setting aside of the Gazette Notification dated 29.11.2001 issued under the repealed Wakf Act, 1954; respondents permitted to proceed to take action in accordance with their already-issued notification under the subsequent enactment; expressly declared non-precedential for cases filed after issuance of notification under the renamed Act effective 08.04.2025; no order as to costs; miscellaneous applications pending in the writ petition ordered to stand closed.

Issue for consideration

Whether the Gazette Notification dated 29.11.2001, issued purportedly under Section 5 of the Wakf Act, 1954 (an Act already repealed by the Wakf Act, 1995), declaring the lands in Sy.No.26, Ac.05-03 Gts., Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District as property attached to the Ashoorkhana, is illegal and arbitrary and should be set aside. +1 more

Court's answer

The Court set aside the Gazette Notification dated 29.11.2001, which was issued under the repealed Act of 1954; since the respondents have already issued a notification under the subsequent enactment (Wakf Act, 1995, renamed the Unified Wakf Management, Empowerment, Efficiency and Development Act, 1995, amended by Act 43 of 2025, effective 08.04.2025), they may proceed to take action in accordance with the same.

Key takeaways

It was expressly made clear that this order shall not be 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.obiter¶67

Detailed headnote1 paragraphs

Telangana High Court (Special Original Jurisdiction) - T. Madhavi Devi, Justice - Writ Petition No. 11855 of 2023 - decided 07.10.2025. The petitioner challenged the notification published in the then A.P. (now Telangana) Gazette No.48-A J dated 29.11.2001 (Page No.66, Serial No.19881), issued on behalf of the Telangana State Wakf Board purportedly under Section 5 of the Wakf Act, 1954 - an Act already repealed by the Wakf Act, 1995 - declaring Ac.05-03 Gts. in Sy.No.26, Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District as property attached to the Ashoorkhana, as arbitrary, illegal, without jurisdiction and ultra vires the Wakf Act, 1995, contrary to the Telangana Abolition of Inams Act, 1955 and violative of her constitutional rights; she further sought deletion of the land from the Sec. 22-A prohibited-properties list and forbearance from interference. Learned Senior Counsel for the petitioner relied on W.A. No. 1412 of 2016 and batch dated 04.02.2023 (Division Bench, this Court) for the proposition that any notification issued under a repealed Act cannot be sustained, noting the comparable notification therein was dated 15.11.2001. The Wakf Board's Standing Counsel submitted that a fresh notification had already been issued under the subsequent enactment - the Wakf Act, 1995, renamed the Unified Wakf Management, Empowerment, Efficiency and Development Act, 1995 (as amended by Act 43 of 2025), effective 08.04.2025 - and action was being taken thereunder. Holding that a notification issued under a repealed Act cannot stand, the Court set aside the Gazette Notification dated 29.11.2001, permitted the respondents to proceed under the fresh notification, and made express clarification that the order shall not be a precedent in cases filed after issuance of notification under the renamed Act. Writ petition disposed of; no order as to costs; pending miscellaneous applications stood closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SMT JUSTICE T. MADHAVI DEVI

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Between:

WRIT PETITION NO: 11855 OF 2023

Smt.Srirajakaladindi Deepthi, Wo Sri S,R.K.Surya Sri Krishna Raju, Aged about 36 Years, Occ, Business, Rio Plot No.284, Road No.25, Jubilee Hills, HYderabad

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AND

...PETraoNER

I The State of Telangana,, Represented by its Principal Secretary, Minorities Welfare Department, Telangana Secretariat, Hyderabad.

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2 The Telangana State Wakf Board,, Haj House, Opp. Public Gardens, Nampally, Hyderabad, Represented by its Chief Executive Officer

The Chief Executive Officer,, Telangana State Wakf Board, Haj House, Opp. Public Gardens, Nampally, Hyderabad-

4 The District Collector,, Sanga Rcddy District, At Sanga Reddy. E The Revenue Divisional Officer,, Sanga Reddy Division, Sanga Rcddy District, At Sanga Reddy.

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b. The Tahsildar-Curn-Joint Sub-Registrar,, Ramachandrapurarn Mancial, Sanga Reddy District.

7 The Managing Committee,, Ashoorkhana, Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District, being represented by its Muthawalli

...RESP.NDENTS

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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 any appropriate Writ, Order or Direction, one more particularly in the nature of Writ of Mandamus or any other Writ including or any combination of Writs declaring the impugned Notification published in then A.P. (now Telangana State) Gazette No.48-A J, dt.29^'l 1 .2001 al Page No 66 under Serial No.19881, on behalf of the Wakf Board, the Respondent No.2 herein^purportedly under Section 5 of the Wakf Act, 1954, which was already repealed by Wakf Act, 1995, thereby illegally declaring the lands in Sy.No.26 comprising of an extent of Ac.05-03 Gts., situated at Edulanagulapally Village, Ramachandrapuram Mandal, Sanga Reddy District, as property attached to the Wakf lnstitution called Ashoorkhana, as arbitrary, illegal, without Jurisdiction and Ultra-vires the provisions of the Wakf Act,

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1995 apart from ceing in gross violation of principles or natural lustice, ,ahd contrary to the provisions of the Telangana Abolition of lrams Act,1955 besides violating Petitioners rights guaranteed under Articles 14 ,11 and 300-4 of the Constitution of lndia and consequently.

i. set aside the said Gazette Notification No.48-A ,J. clt 29 1 1.2001 , at Page No.66 under Serial No 19881 , in respect of Sy.No 26 con prising of an extent of Ac.05-03Gts,situated at Edulanagulapally Village, Ramar:h andrapuram Mandal, Sanga Reddy Dis;trict, while also directing the Respon Jents to forbear from reckoning the said land as Wakf land.

ii. direct the Respondent Nob.4 and 6 to delete the said land from the list of Prohibited Properties under Sec. 22-A of the Stamps and R:grstratron Act, 1g08.

rii. direct thr: Respondents not to interfere with the [retitioners possession and enioyment of the subject land

lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the orrcumstances stated in the affidavit filed in support of the petition, the High Co lt may be pleased to suspend the operation and effect of the impugned Notifr,;:lion published in the A.P Gazette No.48^A J, d1.29.11.2001 at page No.66 Lnder Serial No.198gl, thereby declaring rhe lands in Sy.Nos.26 comprising of an r:xtent of Ac.05-03 Gts., situated at Edulanagulapally Village, Ramachandrapuram l,,4andal, Sanga Reddy District, to be attached to the respondent No.7, in the interest of justice, pending final disposal of the above writ petition

Counsel for the Petitioner: SRI B. CHANDRA SEN REDD). SENTOR COUNSEL FOR SRI B. VAMSHIDHAR RE:DDY

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Counsel for Respondent Nos. 1 & 4 to 6: Gp FOR SOCtAt- WELFARE

Counsel for Respondent Nos. 2 & 3: SRI FARHAZ AZAM KHAN,

SC FOR WAKF BOARD

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Counsel for Respondent No. 7: ---

The Court made the following: ORDER

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THE HON'BLE SMT.^{JUSTICE T. MADHAVIDEVI} WRIT PETITION^{No.11855of2023}

ORDER:

TheWritPetitionisfiledchatlengingtheirrrpugnednotilrcation published in then^{A.P. (Now Telangana)GazetteNo'48-A J' dated} 29.11.200|underSection5oftheWakfAct'lg54asillegaland arbitrary since^{the said Act had alreadyl-'eenrepealed'}

Sri B. Chandra^{Sen Reddy,learnedSeniorCounsel} representing Sri^{B. Vamshidhar Reddy, leamed counsel for the} petitioner placed^{reliance upon the judgment of the DivisionBenchof} this Court in^{W.A'No.1412 ol 2Ql6 and batchdated 04j22023io} support of his^{propositionthat any notificationissuedunder a repealed} Act cannot be^{sustained.He subrnittedtl-rat in the aforementioned} case, the notification^{wasissuedon 15.1 1.2001whereas in the present} case for consideration,^{the notificatiorr is dated29'11'2001i'e'' only} some days apart^{and all the facts and circumstancesare also similar} and therefore,^{the saiddecisionwoutd appty in this case as well'}

Sri Farhan^{Azam Khan,leamed StandingCounsel for the} 3, Wakf Board,^{appearingfor respondents No'2 and 3' submitted that a} fresh notification^{has alieady beenissued undc'r the subsequent}

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enactment, i.e.. the Wakf Act, 1995^{now named as th': LJnifledWakf} Management, Iimpowerment. Efficiency^{and DeveloplrcntAct, 1995} (as arnended by Ac1 43 of 2025)^{r.vhichcame irto el'f-ectf}om} 08.04 .2025 an<l that the action^{is being taken thereuncltt}

In view thereof, this Court is inclined^{to set asrde the Gazette} Notification dated 29.1 1.2001.^{which was issuedunrl..'r the repealed} Act ol'1954. Since the respondents^{havealready isstr:ila rrotification} under the subsequent Act, they may^{proceedto lake actionin} accordance with the same

How,lver, it is also made clear^{that this orcl:, shall not be a} precedent in cases which are filed after^{issuanceof \trtificationunder} the Wakf Act. 1995 now renamed as the Unified^{Wakf l\lanagement} ErnporvermerLt Efticiency and l)evelopment^{Act,I ()()5( as arnended} by Act 43 of 2025) which came into effect on^08.04.1t]25

With the above observations, this Writ Petitic,n^{is disposedof.}

There shall be no order as to costs. Miscellaneous^a1 Jrlications,^{if any,}

pending in this Writ Petition, shall stand closed.

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To,

SD/- C. DEEPIKA AI;SISTANT REGISTRAR .--

//TRUE COPY// \ SECTION OFFICER

1 The Principal Secretary, Minorities Welfare Departm:nt, State of Telangana, Telanganar Secretariat, Hyderabad.

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The Chief Executive Officer, .Telangana Stare Wakf Board,, Haj House, Opp Publrc Garde^ns, Nampaily. Hyder;6;J.

The rhe Revenue Divisionat Drstrict Collector.. Sanga Rcddy oficer,, ;;a Disfrict, i"aov'olri.iv, At Sanga Reddy.Sanga Rcddy District, At Sanqa Reddv

The Tahsildar-durn-Joirit Sub-Registrar,, Ramachandrapurarn Mancial, Sanga Reddv District

The Muthawalli. Manaoino Committee- Ashoorkhana, Edulanagulapally 7 9n.99 Vi I ta g^e, R^{to Sri} a m a ch^B a^vams'nidrrar n d ra[ u ri m vr CedJtil;#;;'ioFir;ia n o Jr, 5 i n-q i' n"." j j, 6 i.tr, "t

8 Two CCs to Gp For Sociat Wetfare',High C"l;ti", inErstate of Tetangana tourl

, o10 9n. Two CD 99 Copies^{to Sri FarhanAzam Khan,} SC for Wakf Board,(OpUC) '} MBC GJP

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HIGH CLuRr

DATED: 0711012025

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ORDER

WP.No.11855 of 2023

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DISPOSING OF THE WRIT PETITION

WII'HTOUT COSTS

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