Syed Bhadroddin , Bader Pasha Vs The State of Telangana

Syed Bhadroddin @ Bader Pasha,^{S/o Syed AhmedPashaAged about 61 years,} Occ. Ex-Book BearEr Judges Library^{High Court of AndhraPradesh R/o H.No. 19-2-} 23912512511, Chandulal Baradari Near Bahadurpura,^Hyderabad

¶13

...PETITIONER

¶14

AND

¶15

1 The State of Telangana, rep by its^{Principal Secretary Revenue Department,} Secretariat, Hyderabad.

¶16

2 The Speciat Tribunal, rep by its^lr,4ember and^{DrstrictCollector, Siddipet} District.

¶17

The Revenue Divisional Officer, Gajwel,^{Siddipet District}

¶18

The Tahsildar, Gajwel^lr4andal, Siddipet^District

¶19

Syed Ahmed Quadri Pasha. S/o Zainullabuddin Quadri^{Aged aboq!33 years,} O-cc. Pvt.service R/o H.No.^{12-11318,Toopran Road, Opp. Petrol Pump,} Ga.lwel Town and l\ilandal Siddipet District.

¶20

...RESPONDENTS

¶21

Petition under Arttcle 226 of the Constituttcn of^{lndia praying that in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue a Writ order.or orders,^particularly one in the^{natureof Writof} Certiorari to call for the records^{pertainingto the impugnedOrder in Case No. B/} Spl.Tribunal/ Gajwell39l2O21^{dated 30-07 -2021 dismissing the appeal on the} ground that the sub.ject property is a \ /akf^Property is arbitrary,^{illegal and alsoin} violation of provisions contemplated^{underAndhra Pradesh Rightsin Landsand} Pattadar Pass Books Act,^'1971 and^{new Act 2020and quash the same.}

¶22

i

¶23

lA NO: 1 OF 2023

¶24

Petition under Section 151 CpC praying that in the 'cur. stances stated in the affidavit filed tn supporl of the Detition, the Hign C: t rr ay be pleased to issue a direction to the respondents to stop release of Ry u BanChu infavour of the respondent No.5 ltending disposal of the Writ petition i 'he rnterest of 1u stice.

¶25

lA NO: 3 AF 2023

¶26

Petition under Order 39 Rule 1& 2 CpC praying th 1 in the circumstances stated in the affidavit filed in support of the petition. |. ,.ili1th Courl may be pleased pleased to grant injunction restraining the respr ien.s not to alienate and not to change the nature of the land in Survey irJo. 7{:) .O a i extent of Ac. 5- 37 guntas out of Ac. 10- 32 guntas situated at Gajwel Tow :rd lvlandal, Siddipet District pending disposal of the Writ petition in the interest - jusl ce.

¶27

lA NO: 1 OF 2021

¶28

Petition under section 151 cpc praying that in the ( r lLrn stances stated in the affidavit filed in support of the petition, the High co i- mi:y be pteased to suspend the Procee,dings case l.Jo. BiSpl.Tribunal/ ;rr1wer1i39/2021 dated 30-O7-2021 pending disposal of the Writ petition in the inte ,,;t ot justice.

¶29

Counsel for the Petitioner : SRI MOHD ASIFUDDIN

¶30

Counsel for the Respondents No.1to4 : SRI H.RAKESH KUfvtAt XGF, FOR REVENUE Counsel for the Respondents No.5 : SRI MD.TAMEEZUDDIN

¶31

Counsel for the Respondents No.6 : SRI A.NAJEEB KHAN

¶32

The Court made the following: COMMON ORDER

¶33

THE HON'BLE SRI .IUSTICE E.V.VENUGOPAL

¶34

I.A.Nos. 1 of 2022 2 and,4 of2o23

¶35

In And WRIT PETITION No.26994 OF 2O2t

¶36

ORDER:

¶37

This Writ Petition is liled under Article 226 of Constitution of India seeking the follou'ing relief/ s:-

¶38

"-.. to issue a Writ ordcr or orclers, particularl-r- one in the nature of Writ of Certiorari to call for the rccords pertaining to the impugned Order in Case No. B / Spl.Tribu nal/ G:rjrvel,/ 39 l2O2l dated 3O-O7-2021 dismissing tlre appeal on thc ground that the subject property is a Wakf ProperLl rs arbitrarr, illcgal arrri also in violation of provisions contemplated uuder Andhra P|adesh Rights in Lands and Pattadar Pass Books Act, 1971 and nerv Act 2O2O anri quash the same and to pass any other order or orders..-"

¶39

Heard Mr. Mohd. Asifuddin, learned counsel lor the petitioner, Mr.H. Rakesh Kumar, learne d Assistalt Government Pleader representing learned Government Pieader for Revenue appearing for respondent Nos.1 to 4, Mr.MD.Tameezuddin Ahmed, learned counsel lor re spondent No.5 a::rd Mr.A. Najeeb Khan, learned counsel for proposed respondent No.6.

¶40

The brief facts of the case are that the petitioner is the owner of land admeasuring Acs. 1O-32 guntas in Survey No.766 situated at Gajn el To."r'n and Mandal, Siddipet District (herein after ca-lled as 'the subject propcrty'); that the subject property consists of Acs.5-37 guntas out of Acs.10 32 guntas situated at Gajwei Village and Mandal; that the above said land is an Inam Lard gifted by one Deshmukh Raja Uma Reddy to the petitioner's

¶41

-TII\ '..t^:"

¶42

great grandfather namely Syed Khacler Pasha l-r r_-re vear 1908; that the sarne was reflected in Khasra Pafrani al I Sethrvar from 1954 to 2OO5; that subsequentll. the petitione grar-ldfather Syed Shah At Peeral succeedecl thc same; ;-;,rt later, the petitioner's father Syed Ahmed Pasha riho r,r,orkec r, s Llrdu Tr..pist 1n High Court of Andhra Pradesh, succecded tb, propertl, r,rde partition deed dated 27-04-1961 and obtained Ar ,; I0 32 grrntas of land out of Acs.17-00 guntas; that basing on tl ,r said partition the petitioner's father u,as enjoying the same as r.tsohite orr,'ner ard his narne was recorded in the revenne records: rhat thereupon, the petitioner along rvlth his fe r- ily members inherited the property pursuant to successiolt itnd a checlue bearing No.19747'7 dated O8-08 2010 rvas issued o hiin tor,r,ards compensation of cultivation; that in the year 200 , some persons in collusion r.r,ith the revenue officials char-rged the cntries in revenue records^.,vithout issuing anv notice tc l. -.e petitioner. Aggrieved thereb1,, the petitioner made an apF l,tatlon to the revenue authorities seeking to delete the namr s of unkno[.n persons and to rectify the record. Whileso, re ;pondent No.5 taking advantage r)f his name by its close resemb ancr: u,ith that of the petitioner's father, got mutated the subjecr lanri of Acs.S37 guntas out of Acs. 10-32 guntas in his name; t .::t on knou,ing

¶43

about the same, the petitioner also filed an Appe:r1 before respondent no.3 seeking Lo set aside the mutation in respect of schedule property in S_r..No.766 to an extent of land admeasuring Acs.5-37 g-untas, to direct the olficial respondents to effect the rectification alrd restore the revcnue entrics bearing Appeal No. 81684/2020; that the respondenr No.5 plal,ed fraud and therebv succeeded in getting the R.r,t}-r r-r Band[.rlr and cheated the Government; that during the pendencv of tl-re Appeal the revenue Tribunals have emerged pursuant to G.O.Ms.No..1 Rev. (Assgn_1) department dated 12 Ol -2021 . Thereupon, rhe same is transferred to respondent No.2 and renumbered as B/spl'Tribunal/Gajwel/39 I2o2r, *.herein the Tribu.al rvithout issuing any notice to the petitioner passcd thc order dated O8-O2-2O21 . Aggrieved b_r. thc same, thc petitioner made arr application for reopening the case in vicrv of orders passed by this Court in W.P.(PlL).No 20 of 2O2l alor.rg r,r,ith the written arguments. Later, on 30 07 2O2t, the Tribunal had passed the impugned order without considering the written arguments submitted by the petitioner along with all the supporting documents upholding the earlier order by dismissing my Appeal stating that the subject land is notified as Wakf property.

¶44

1

¶45

t

¶46

Aggrieved b}, thc samc, the petiLioner iilecl tlr,. )rcsent Writ Petition

¶47

Learned counsel for the petitioner b-r. iiling I. \o..1 of 2023 submits tl-rat during the pendcnc,y of rhc Vv'rPc Lit i<tn hc obtainecl relevant records of the subject propcrt,\ l .ln \Ice Scva al-ld came to knorr. that the nalrres of Naini N r sirn ulu r*' as rcflectt-.d in Sun,r:y. N<t.766 lA1Al2 in respe(.r ()i'lh(' land admeasuring Ac.0- 01 guntas, Belda Shankar u.a , r-ellected in Sun.ev No.766 l,\1 /ll2 in respect of the lanrl : riln i casuritrg Ac.O 03 guntas an.d that of one Kailasa Nzrrcsl IiLr nr:rr u as reflected in Surve-r. No.766/A1AIir/I Ill2 in rcspr: -^01' lhc land admeasuring Ac.O O3 guntas illegally. Therefore, lr 'trp1;ropriate adjudication of the, matter he seeks to implead ,rr':r{brccited persons as proposecl respondent Nos.6 to 9 in the \ 'rt P,.'tition as s'ell as in I.A.s.

¶48

Lcarned counsel for the petitioner by filing I.A lr o.4 of 2023 seeks to implead proposed respondent Nos.6 to 1 1 : :; r.espondent Nos.6 to 11 in the Writ petition as well as in I.As., ir.r :rllegi.g that the proposed respcndent Nos.6 to 1l have cr rilted forgecl documents ..l,hich u'as reflected in the Encumbranr : Ce rtificate , in order to cause {rrongful loss to the petitioner.

¶49

...:

¶50

He further submits that the petitioncr had filed a^private complalnt vide Crime No.43 1 ol 2O2O dated 05.1I.2O20^{for the} offences punishable under Seclion 42O r lw' 34 of I.P.C.^being aggrieved by the action of respondent Nos.3 to 5 in mutating^the revenue records in favour of respondent No.5^{b1' creating} fabricated documents. He further states that respondent^No.2 ought to have considered the^fact that^{respondenlNo.5 is} claiming the Rythu Bandhu; that if at^{a1i the land is a Wakf Lar-rd} as per respondent No.2, respondent^No.5 claiming^{money under} Rythu Bandhu Scheme is illcga1.^{Therefore,he seeks allou'the} Writ Petition.

¶51

Learned counsel for proposed respondent^{No.6 by filing} I.A.No. I of 2022 contends that he is the Mutau'alli^{of Dargah} Hazral Syed Shah Ali Peera Khadri,^Near Jama^{Masjid, Gajr,'e1} Village arid Mandal, Siddipet District; that^{his forefatherswere} Nlutawallies of the said Dargah; that^{he had succeededto the} Office of the Mutawalli as per^{Sec.42 of Waqf Act 1995; that his} forefathers were performing the annual^{Urs of the said Dargah} from time immemorial; that the^{said Dargahaldits attached} properties are registered under Waqf notified in^A. P.^Gazette No.46-A dated 20-12-2001, for nhich an addendum^{u'as issued}

¶52

6

¶53

vide A.P. Gazette No.3 dated 78-Ol-2O07; that th rutrject larrd in Surve',' No.766 atlmeasuring Acs.1O-32 guntas si^'-Latcd at Gajrvel Vrllage ald Malrdal, Siddipet District, is the atta ;lred propertl,' of Dargal Hazrat Syed Shah AIi Peera Khadri ancl t-:'re same forms p iart alLd parcel of notilied Waqf and it is the s ,.rje,:t matter of Case No.B/SPl.'l'ribunal/Ga1v'ell39 1202 1; that rllqrieved b1'the disnrissal of the Case No.B/SPL.Tribunal/ < .1u-ell39 /2021, proposed respcndent No.6 has approachr 11^-.his Court qucstioning the rrder of the Special Tribunal. F :: contends that there is every possibility that the petitioner and^..he Respondent No.S rr-ra1. collucle u,ith each other and suppre:^.; rht: true facts relating to the !r'aqf property; that this Court le order dated 20 i2-2O2I dire,:ted that an1, alienation of the ;rrbji:ct property shalL be subject to the final result of the Writ Pe ,1()1t Therefore, hc seeks to imprlead proposed respondent No., eis respondent No.6 in the Writ .Petition as u.ell as in I.As

¶54

B. l,earned counsel for the petitioner by f iing counter to I.A-No.I of 2022 strictly opposes the same con r:ndrng that the proposed responCent No.6 had not filed any sing .' scrap of paper to prove that he is the Muttawalli and appointt'd under Section 42 of li;.e Wakf Act. He further states that thr^,:ubject land is

¶55

.---r.,

¶56

1

¶57

patta land and^{does not belong to the Wakf.Therefore,he secks} to dismiss the^I.A.No. I^{of 2022.}

¶58

Learned Assistant Governmct-it Pleader^{for Revenueatld} Iearned counsel for respondent^{No.5 oppose the contentionsof} the petitioner and seek^{to pass appropriateorders.}

¶59

For better understanding,^{the operative portion ofthc} impugned order dated^{30.O7.2021 in CaseNo.B/SplTribunal/} Caju,el /39 l2O2 l^{passed by the learned Special Tribunal,Sidclipet} is extracted as here^under:

¶60

"On perusal of the list of^{wakf propcrties, the total landto} arr extent of Ac 10.32^gts in^{Sy.No 766 of Gajwel Villagcis WakI} land and it is notihed in the^{wakfproperLiesVideGazette} No.46IA2O I12I2OOl at Sl.No.19043

¶61

Therefore, ttre case is dismisscd sincc the schcdulecl propery is wakf 1and"

¶62

Having regard to the^{submissions of all the learned counsel} ald on perusal of the material^{availableon record, this Courtis} of the opinion that the^{learned Special Tribunal upon carcful} scrutiny of the Gazette^No.46/A2O/12 l2OOl^{has rightlypassed} the impugned order by^{stating that the laldadmeasuring} Acs. 10.32 gts in Sy.No.766^{of Gajr,r'el Village isWakf land'} Therefore, this Court does not^{find any reason or ground to}

¶63

. ti.n t,

¶64

u

¶65

interfere rvith the impugned proceedings. Hence, rre Writ petirion

¶66

is liablc to be disraissed

¶67

Accordinglr', I.A.Nos. I ol 2022, 2 ol 2023 ar,:l 4 of 2023 are dismisscd and the Writ Petition No.26994 of 20,. i. is dismisscd. Needless to mentron, the petitioner is granted lib, rty t.o u,ork out

¶68

the remcdies as a',/ailable under law. No costs.

¶69

Miscellar-reoLrs Petitions, pending if any, shal r;tarrd closed. \o, INT.OSMAN ALI BAIG IIiTANT REGISTRAR 4$s,

,TRUE COPY//

SECTION OFFICER

To,

1 The Principal Ser:retary Revenue Department, Sei[gtat^{:r., Hyderabad.}