LAWS(TLNG)-2023-12-3

TELANGANA STATE WAQF BOARD Vs. SOLITHRO PRIVATE LIMITED

Decided On December 04, 2023
Telangana State Waqf Board Appellant
V/S
Solithro Private Limited Respondents

JUDGEMENT

(1.) The intra-court appeal has been filed by Telangana State Wakf Board (hereinafter referred to as 'Wakf Board') against an order dtd. 22/9/2016 passed by the learned Single Judge by which writ petition preferred by M/s.Solithro Private Limited (hereinafter referred to as 'company') had been allowed and the notification dtd. 15/11/2001 notifying the list of properties situated at Narsapur and Siddipet Taluks of Medak District as properties belonging to the Wakf has been quashed. In W.P.No.23242 of 2008, the petitioner therein has assailed the validity of notification dtd. 15/11/2001 declaring the properties to be wakf property and has sought relief of de-notification of the land in survey Nos.33 to 38, 40, 42 to 70, 72 to 74 and 76 to 87 of Sikindlapur Village, Shivampet Mandal, Medak District. In W.P.No.19205 of 2019, the petitioner seeks a direction to Inam Tribunal cum Revenue Divisional Officer to decide file No.H/5652/98 by issuing pattadar pass book and title in favour of the petitioner in respect of the land measuring Acas.11.00 bearing Survey Nos.60 and 65 situated at Sikindlapur village, Shivampet Mandal, Medak District.

(2.) Similar issues arise for consideration in the writ appeal as well as the writ petitions. Therefore, the writ appeal and the writ petitions were heard analogously and are being decided by this common order. For the facility of reference, facts from W.A.No.1432 of 2016 are being referred to.

(3.) One Smt. Azeez Bee and others filed applications before the Revenue Divisional officer seeking Occupancy Rights Certificate. The aforesaid applications were rejected by an order dtd. 18/12/1998. Being aggrieved, an appeal was filed which was also dismissed by an order dtd. 21/6/2001 by Joint Collector. The orders passed by the Revenue Divisional Officer and the Joint Collector were challenged by Smt. Azeez Bee and others in a writ petition, namely W.P.No.6107 of 2003, which was dismissed on 28/3/2006. The aforesaid order was upheld in a writ appeal, namely W.A. (SR) No.63303 of 2026, which was dismissed for default on appearance on 1/9/2006.