Smt.Zaheera Begum W/O Late Syed Shareef v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 16136 of 2015 Date: 09.06.2015 Between:

Smt. Zaheera Begum and others.

.... Petitioners And The Govt. of Telangana, Rep. by Revenue Minister, Govt. of Telangana, Revenue Department, Secretariat Buildings, Hyderabad and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 16136 of 2015 ORDER:

This Writ Petition is filed assailing the order dated 24.02.2015 passed by the Principal Secretary to Government, Revenue (JA & LA) Department, Government of Telangana, whereby the Government opined that the proper remedy for seeking denotification of certain Dasthagarda Inam lands would be to approach the Wakf Tribunal. Consequential direction is sought to the State to de-notify an extent of Ac.591.00 guntas in certain Survey Numbers of Sikindlapur Village, Shivampet Mandal, Medak District, which was notified earlier under the Gazette notification

dated 15.11.2001.

Heard Sri M.L. Ali, learned counsel appearing on behalf of Sri G. Shiva Kumar Goud, learned counsel for the petitioners, and Sri M. Safiulla Baig, learned Standing Counsel for the Wakf Board. Sri M.L. Ali, learned counsel, states that the order passed by this Court on 27.12.2013 in W.P.No.36154 of 2012 has not been implemented and that the reports submitted by the Revenue Authorities, viz., the Chief Commissioner of Land Administration, Hyderabad, and the District Collector, Medak, have not been taken into consideration.

It is however noticed that by order dated 27.12.2013 passed in W.P.No.36154 of 2012, this Court merely directed the State to do the needful in the light of the reports as expeditiously as possible and no positive direction was given to de-notify the subject lands.

Perusal of the impugned Memo dated 24.02.2015 demonstrates that the State opined that it was not vested with the power to undertake the exercise of denotification and that the proper remedy for the owners of the land in question would be to approach the Wakf Tribunal concerned for redressal of their grievances. Sri M.L. Ali, learned counsel, is unable to state as to the source of power for the State to undertake the exercise of de-notification of land, once it is notified as Wakf land.

In the absence of such power, this Court cannot direct the State to de-notify the subject lands. It is for the petitioners to approach the competent forum and seek appropriate relief in accordance with law. This Court therefore finds no error or irregularity in the impugned Memo dated 24.02.2015 warranting interference in this Writ Petition.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to approach the competent forum for redressal of their grievances in accordance with law.

Pending Miscellaneous Petitions shall also stand dismissed. No order as to costs.

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SANJAY KUMAR, J Date: 09.06.2015 va