HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION No.20707 of 2018, WRIT PETITION No.9709 of 2020 AND WRIT PETITION No.12548 of 2020 W.P.No.20707 of 2018 Between: M/s.Sai Pawan Estates Pvtd. Ltd. and others. …Petitioners. And 1. The Telangana State Wakf Board, rep. by its Chief Executive Officer, Nampally, Hyderabad and others. …Respondents W.P.No.9709 of 2020 Between: Katikaneni Praveen Kumar, S/o.late K.Krsihna Rao, aged about 50 years, Occu:Business, R/o.1st Floor, above Punjab National Bank, Manovikas Nagar, Hasmathpet Road, Old Bowenpally, Secunderabad – 500009. … Petitioner And 1. State of Telangana, rep. by its Principal Secretary, Revenue Department and others …Respondents W.P.No.12548 of 2020 Between: Katikaneni Praveen Kumar, S/o.late K.Krsihna Rao, aged about 50 years, Occu:Business, R/o.1st Floor, above Punjab National Bank, Manovikas Nagar, Hasmathpath Road, Old Bowenpally, Secunderabad – 500009. … Petitioner And 1. State of Telangana, rep. by its Principal Secretary, Minority Welfare Department and others …Respondents Date of Judgment pronounced on : 30.03.2021 MSR,J & TVK,J ::2:: wp_20707_2018&batch HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR 1. Whether Reporters of Local newspapers : Yes/No May be allowed to see the judgments? 2. Whether the copies of judgment may be marked : Yes to Law Reporters/Journals: 3. Whether His Lordships wishes to see the fair copy : Yes/No Of the Judgment? MSR,J & TVK,J ::3:: wp_20707_2018&batch HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION No.20707 of 2018, WRIT PETITION No.9709 of 2020 AND WRIT PETITION No.12548 of 2020 % 30.03.2021 # M/s.Sai Pawan Estates Pvtd. Ltd. and others. … Petitioner And $ 1. The Telangana State Wakf Board, rep. by its Chief Executive Officer, Nampally, Hyderabad and others. …Respondents < GIST: > HEAD NOTE: !Counsel for the Petitioner in W.P.Nos.20707 of 2018 & 12548 of 2020 : Sri K.S. Murthy !Counsel for the Petitioner in W.P.Nos.9709 : Sri V.Ravinder Rao, learned Senior Counsel for Sri Zeeshan Adnan Mahmood ^Counsel for the Sate of Telangana : Learned Additional Advocate General. in W.P.Nos.20707 of 2018, 12548 and 9709 of 2020 ^Counsel for the respondent 3 & 7 : Sri A.M.Qureshi in 20707 of 2018 and respondent No.7 and 8 in W.P.No.12548 of 2020 ^Counsel for Telangana Wakf Board in W.P.Nos. : Sri D.V.Seetharama Murthy, learned 20707 of 2018 and 12548 of 2020 Senior Counsel for Sri Abu Akram, learned Standing counsel for Telangana Wakf Board. MSR,J & TVK,J ::4:: wp_20707_2018&batch ? Cases referred 1. order dt.27.11.2020 in W.P.Nos.14881 and 14885 of 2020 (DB) 2. (2004) 1 SCC 287, at page 291 3. (2020) 6 SCC 557 4. AIR 1967 SC 1 5. (2015) 14 SCC 784 6. (1997) 7 SCC 137 7. (1996) 6 SCC 223 8. (2012) 3 SCC 548 9. 2018 (6) ALD 160 (DB) 10. 2020 (3) ALD 528 (DB) 11. MANU/AP/0743/2016 = (2016) 6 ALD 752 12. 2011 (1) ALD 61 (SC) 13. (1998) 8 SCC 1 14. (2004) 3 SCC 553 15. (2011) 15 SCC 383 16. (2008) 12 SCC 500 17. (2014) 1 SCC 603 18. Civil Appeal No.1600 of 2020 decided on 14.02.2020 by a Three Judge Bench headed by Chief Justice of India, Justice B.R.Gavai and Justice Suryakant 19. (2010) 8 SCC 726 20. (2014) 16 SCC 51 21. (2014) 16 SCC 38 22. (2019) 4 SCC 698 MSR,J & TVK,J ::5:: wp_20707_2018&batch HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION No.20707 of 2018; WRIT PETITION No.9709 of 2020 AND WRIT PETITION No.12548 of 2020 COMMON ORDER: (Per Sri Justice M.S.Ramachandra Rao) Since these three Writ Petitions relate to land in Sy.No.80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District and since common questions of fact and law arise in these three cases, they are being disposed of by this common order. 2. There is a three pronged contest/claim to land in Sy.No.80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District among: (i) petitioners in these Writ Petitions, who contend that it is private land belonging to them, (ii) the State of Telangana represented by its Secretary, Minority Welfare Department (respondent no.2 in W.P.No.20707 of 2018 and respondent no.1 in W.P.No.12548 of 2020) and its Principal Secretary, Revenue Department (respondent no.3 in W.P.No.12548 of 2020 and respondent no.1 in W.P.No.9709 of 2020), District Collector, Ranga Reddy District (respondent no.4 in W.P.No.20707 of 2018, W.P.No.12548 of 2020 and respondent no.3 in W.P.No.9709 of MSR,J & TVK,J ::6:: wp_20707_2018&batch 2020), Tahsildar/Deputy Collector, Serilingampally Mandal, Ranga Reddy District (respondent no.5 in W.P.No.12548 of 2020 and also in W.P.No.9709 of 2020), Joint Sub-Registrar and Registering Officers, Ranga Reddy District (respondent no.6 in W.P.No.20707 of 2018 and in W.P.No.12548 of 2020), District Registrar, Ranga Reddy District (respondent no.5 in W.P.No.20707 of 2018), Principal Secretary, Home Department of State of Telangana (respondent no.2 in W.P.No.9709 of 2020), Revenue Divisional Officer, Serilingampally Mandal, Ranga Reddy District (respondent no.4 in W.P.No.9709 of 2020), Station House Officer, Miyapur Police Station (respondent no.6 in W.P.No.9709 of 2020), Mandal Revenue Inspector, Serilingampally Mandal, Ranga Reddy District (respondent no.7 in W.P.No.9709 of 2020) and Village Revenue Officer, Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District (respondent no.8 in W.P.No.9709 of 2020), who contend that it is Government land; and (iii) the Telangana State Wakf Board (respondent no.1 in W.P.No.20707 of 2018 and respondent no.2 in W.P.No.12548 of 2020), Sultan Ahsan-ud-Dowla said to be Mutawalli and Sajjadanasheen of Dargah Hazrat Salar-E-Auliya (respondent no.7 in W.P.No.20707 of 2018 and in W.P.No.12548 of 2020) and Dargah Hazrat Salar-E-Auliya (respondent no.3 in W.P.No.20707 of 2018 and respondent no.8 in W.P.No.12548 of 2020) , who contend that it is wakf property. MSR,J & TVK,J ::7:: wp_20707_2018&batch Claim of the petitioners 3. Petitioners 1 and 2 in W.P.No.20707 of 2018 contend that there was a preliminary decree passed on 28.06.1963 in C.S.No.14 of 1958, a suit for partition filed by one Smt. Dildarunnissa Begum of the Matruka properties of Khurshhed Jah, a Paigah; by virtue of a partition final decree dt.26.02.2010 passed by the then High Court for the State of Andhra Pradesh in Appln.No.132 of 2010 in C.S.No.14 of 1958, they, along with others, are absolute owners and possessors of land admeasuring Ac.50.00 in Sy.No.80 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District; and that a Receiver- cum-Commissioner appointed by the said High Court had handed over possession of the land to them by way of panchanama. They contend that the Telangana State Wakf Board is contending that the above land is Wakf property endowed to the Dargah Hazrat Salar-E-Auliya and the said Board had written a Letter in File No.M/35/SMTC/2005 dt.16-6-2020 to the Sub-Registrar, Moosapet, Ranga Reddy District requesting him, with copies marked to respondents 4 and 5, not to entertain transactions such as sale and purchase, mortgage, transfer or alienation of lands in Sy.No.80 of Hafeezpet village. They seek a declaration that Gazette Notification contained in F.No.16/RR/REG/2013 published in the Telangana State Gazette dt.01-11-2014 and the Letter in File No.M/35/SMTC/2005 dt.16-6-2020 are illegal, ultravires the provisions of the Wakf Act, MSR,J & TVK,J ::8:: wp_20707_2018&batch 1995 and to set aside the same; and for a direction to the respondents not to interfere with the possession and enjoyment of petitioners of their land of Ac.50.00 in Sy.No.80 of Hafeezpet village and to entertain transactions such as sale and purchase, conveyance, gift and mortgage in the said land. 4. The petitioner in W.P.No.9709 of 2020 and W.P.No.12548 of 2020 is one and the same. His case is that he and M/s. Greater Golconda Estates Private Limited and others became the absolute owners and possessors of an extent of Ac.47.00 out of Ac.50.00 in Sy.No.80/D, which is part of Sy.No.80, Hafeezpet Village under a registered deed of partition/out of Court settlement dt.10.03.2016. According to him, there was a preliminary decree passed on 28.06.1963 in C.S.No.14 of 1958, a suit for partition filed by one Smt. Dildarunnissa Begum of the Matruka properties of Khurshhed Jah, a Paigah ; pursuant to the preliminary decree, an Advocate Receiver had prepared a scheme of partition; the sharers / decree holders as per the preliminary decree sold their rights in the preliminary decree in favour of H.E.H.