Mohammed Mahboob v. Telangana State Waqf Board (Tswb)

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.26732 OF 2019 Date: 11.12.2019 Between:

Mohammed Mahboob S/o.Mohammed Jahangir, Aged about 49 yrs, Occu : Business, R/o.H.No.9-10-201, Risala Bazar, Golconda, Hyderabad, Telangana State 500 008 .....Petitioner And Telangana State Wakq Board (TSWB), Razzack manzil, Opp : Public Gardens, Nampally, Hyderabad 500 001, Rep., by its Chief Executive Officer & another .....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.26732 OF 2019 ORDER:

Heard learned counsel for the petitioner, Sri Farhan Azam Khan, learned Standing counsel for respondent No.1 and learned Government Pleader for Revenue for respondent No.2. 2.

Petitioner claims to be the grandson of Ex-Mutawalli. According to the petitioner, huge extent of land in Sy.Nos.55, 56, 57, 59, 60, 81, 87, 88, 89 and 121 of Hamidullah Nagar, Shamshabad Mandal, is a wakf land. But the said land is not effectively protected and there are encroachments. Petitioner therefore filed representation to the Chief Executive Officer of Wakf Board and Tahsildar on 28.10.2019 requesting them to conduct survey, demarcate and fix the boundaries of Wakf properties. Alleging inaction, this writ petition is filed. 3.

From the averments in the affidavit filed in support of the writ petition and the representation, it is seen that in no manner petitioner is claiming that the land belongs to him or any portion thereof. He is only requesting that the land belonging to Wakf institution should be protected. If that is so, it is strange that the Wakf Board is opposing for conducting of survey as requested by the petitioner.

4.

Having regard to the fact, that the subject properties claim to be belonging to Wakf institution, the Wakf Board shall take immediate steps to see that survey is conducted and the wakf land is demarcated and proper steps be taken to protect the wakf land in consultation with the Tahsildar, Shamshabad Mandal, if

- 3 - necessary by filing application. The entire exercise shall be completed within a period of three months from the date of receipt of copy of this order.

5.

With the above directions, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 11th December, 2019 Rds