BODHA NIRMALAMMA vs THE STATE OF TELANGANA

HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WP.No.13601 of 2025
(CNR.No.HBHC010270652025)
Reserved on 01.07.2026 Pronounced on 15.09.2026
Uploaded on 15.09.2026
Between
Bodha Nirmalamma
and others.
….Petitioners
And
The State of Telangana, reptd by its
Principal Secretary, Minority Welfare
Department, Hyderabad and others.
….Respondents
ORDER :
This Writ Petition is filed to issue a writ of Mandamus declaring the
action of respondent No.3 in issuing AP Gazette No.6 dated 09.02.1989 at
Serial No.2151, under Section 52 of Waqf Act, 1954, and also an addendum
to said Notification which was published on 08.02.2007, Part-II Misc
Notification, in respect of petitioners’ lands in Sy.Nos.348, 349, 350 and
351 situated at Kongara Khurd-A Village, Maheshwaram Mandal, Ranga
Reddy District, as waqf lands, without following due process of law, as
illegal, arbitrary, unjust, unconstitutional and in violation of principles of
natural justice and also contrary to the provisions under the Wakf Act 1995

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and consequently, to set aside the aforesaid Gazette notification and the
addendum to it insofar as the claim of the petitioners over the subject lands
are concerned.
2. Heard K.Pradeep Reddy, learned counsel for the petitioners,
Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board and
learned Assistant Government Pleader for Revenue.
3. Learned counsel for the petitioners submitted that the petitioners are
owners of their respective extents of land forming part of Sy.Nos.348, 349,
350 and 351 situated at Kongara Khurd-A Village, Maheshwaram Mandal,
Ranga Reddy District, having acquired the same vide ORC
proceedings dated 04.06.2002; that the petitioners’ ancestors and thereafter,
the petitioners have been in continuous possession and enjoyment of their
respective extents of lands; that pursuant to ORCs granted to them, the
petitioners made an application to the MRO, Maheshwaram Mandal, for
mutation of their names in the revenue records and accordingly, the revenue
authorities, on due enquiry, mutated the names of the petitioners in the
revenue records and pattadar passbooks and title deeds were issued in their
favour.
3.1. Learned counsel further submitted that on coming to know about
Addendum to gazette Notification No.6 published on 08.02.2007, in which

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the petitioners’ lands have been included and have been claimed as waqf
lands, the petitioners filed the present Writ Petition.
3.2. He further submitted that neither survey was conducted nor notice
whatsoever was issued to the petitioners before issuing either the original
notification dated 09.02.1989 or the subsequent addendum notification,
therefore, the impugned gazette notification and the addendum notification
issued by the respondents is unsustainable being contrary to the provisions
of the Waqf Act.
3.3. He further submitted that the gazette notifications issued in the year
1989 notifying lands of certain individuals as waqf lands was challenged
before this Court by filing various Writ Petitions on the ground that the
same were issued without following the provisions of the Waqf Act and
further, they were issued under the Old Waqf Act, 1954 and the same were
allowed by this Court. He relied upon the judgment passed in B.Gowra
1
Reddy Vs. Government of Andhra Pradesh , which was upheld in Writ
Appeal No.745 of 2002, vide orders dated 21.3.2011. Thus, the legal
position with regard to gazette notification dated 09.02.1989 has become
final.
3.4. He further submitted that since the original notification dated
09.02.1989 is itself held to be invalid, the addendum notification

1
AIR 2002 AP 313

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08.02.2007, by which the petitioners’ lands have been shown as waqf lands,
is per se illegal and contrary to the Waqf Act, 1954. He further submitted
that the addendum has been issued under the Amended Waqf Act, 1995 and
sought to amend the notification dated 09.02.1989 issued under the Waqf
Act, 1954.
4. By contending thus, learned counsel finally prayed to allow the Writ
Petition.
5. Per contra, learned Standing Counsel for the Waqf Board submitted
that the addendum to notification No.6, dated 09.02.1989 was issued by
duly following the provisions of the Waqf Act. He further submitted that
there is enormous delay of 18 years in filing the present Writ Petition
challenging the addendum notification and the petitioners have not given
any satisfactory explanation for such huge delay and therefore, the Writ
Petition is liable to be dismissed on the ground of delay and laches.
5.1. Learned Standing Counsel further contended that the petitioners have
no locus standi to maintain the writ petition; that there is delay and laches
on the part of the petitioners; and that without exhausting the alternative
remedy of approaching the Waqf Tribunal, the petitioners have approached
this Court.

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5.2. He further submitted that setting aside of notification dated
09.02.1989 has no bearing on the addendum notification dated 08.02.2007
since both are independent and accordingly, prayed to dismiss the Writ
Petition.
6. This Court has carefully considered the rival submissions advanced
by the learned counsel appearing for both the parties and perused the
material available on record.
7. The petitioners are claiming the subject lands by virtue of ORC
granted to them by the revenue authorities and that they have been in
continuous possession and enjoyment of the subject lands and pattadar
passbooks and title deeds were issued in their favour. Respondent No.3
claimed the subject lands as waqf lands by way of addendum notification
dated 08.02.2007.
8. Though respondent No.3 claimed that the provisions of the Waqf Act
have been duly followed and survey was conducted and notices were issued
to the petitioners, no material is placed on record in support of the said
contentions.
9. On the other hand, the petitioners demonstrated that they are in
possession and enjoyment of the subject lands which is evident from the
proceedings dated 04.06.2002 by which ORCs have been issued to the

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petitioners and further, pattadar passbooks and title deeds were also issued
in their favour.
10. It is also not in dispute that notification dated 09.02.1989 was
challenged before this Court in various Writ Petitions, some such Writ
Petitions being WPNo.12275 of 1993 and batch ( B.Gowra Reddy Vs.
2
Government of Andhra Pradesh ) and this Court has elaborately dealt with
the matter and set aside the said notification insofar as the petitioners
therein are concerned on the ground that the provisions of the Waqf Act,
1954 are not followed.
11. The issues involved in this Writ Petition are identical to that raised in
B.Gowra Reddy ’s case (cited supra) and also in Writ Petition No.35945 of
2025 and this Court while dealing with W.P.No.35945 of 2025 has
elaborately dealt with all the issues and adjudicated the same, vide orders
dated 15.09.2026. Therefore, insofar as the impugned gazette notification is
concerned, the reasons and observations in the order passed in
WPNo.35945 of 2025 holds good.
12. As regards the addendum to the said notification, it is trite to note
that the said addendum was issued in the year 2007, but no steps have been
taken by the Waqf Board either to evict the petitioners from the subject
lands or recover possession thereof. This is evident from the ORC granted

2
(2002) 3 ALT 439

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to the petitioners for their respective extents of lands and the title deeds and
pattadar passbooks issued in their favour.
13. Further, it is pertinent to note that the Addendum notification dated
08.02.2007 does not refer to specific provision or Act under which it is
issued. On this ground also, the Writ Petition deserves to be allowed. Once
the original notification dated 09.02.1989 is held to be invalid and set aside,
the legal consequence is that the Addendum notification dated 08.02.2007
insofar as it relates to the lands of the petitioners no longer can be held to
be valid.
14. In the light of the foregoing reasons, this Writ Petition is allowed in
terms of order, dated 15.09.2026, in Writ Petition No.35945 of 2025 and
AP Gazette No.6 dated 09.02.1989 at Serial No.2151, under Section 52 of
Wakf Act 1954 and also an addendum to said Notification which was
published on 08.02.2007 Part-II Misc Notification issued by respondent
No.3 in respect of petitioners’ land are hereby set aside, and it is further
directed that the reasons and directions contained in the order dated
15.09.2026 passed in WPNo.35945 of 2025 shall form part of this order.
15. Miscellaneous petitions pending, if any, shall stand closed. No
costs.
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date:15.09.2026
DR