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لمحموں کی خوشیاں ۔۔۔ – صد یوں کا غم
Whether 200 sq. yards of land is protected? That claims of protection of 300 Acres of land attached to the Waqf Institution NAAL E MUBARAK
Hyderabad;8 Dec’2024(PMI)Response to a news article which was published in Siasat daily on November 20, 2024 in its online edition, and was also in its print edition claiming that “protection of 300 acres of Waqf land are being made?belonging to Ashoorkhana Naal-e-Mubarak in the Medchal-Malkajgiri district by effective legal follow-up by Waqf Board Chairman Syed Azmatullah hussaini, board member Dr. Syed Nisar Hussain Hyder Agha and advocate Syed Ali Jafri”, the Shia Community is demanding the Telangana Waqf Board to identify the waqf land belonging to Ashoorkhana Naal-e-Mubarak in the Medchal-Malkajgiri district.
The news item was published in such a way that a landmark judgment was passed by the Hon’ble High court in a burning issue. It may be noted the matter was only pertaining to 200 sq. yards in sy. No. 219. Question arises whether the 200 sq. Yards of land was protected? On what basis claim of protection of 300 Acres of land attached to the Waqf Institution NAAL E MUBARAK are being made?
when the details of the case were investigated, digged deeper, it came out that, the petitioner Chennu Radha Krishna being aggrieved by the letter dated 04.10.2009 issued by the Telangana State Waqf Board, requesting the Deputy Commissioner, Greater Hyderabad Municipal Corporation not to issue construction permission in respect of Survey Nos. 1, 94, 97, 107, 140, 141, 201, 215, 216, 217, 219, 222, 223, 224, 225, 255, 256, 306, 307, 320 to 327, 330 to 339 and 453 situated at Gajularamaram Village, Qutbullapur Mandal, Medchal Malkajgiri District filed a writ petition vide WP No. 12434 of 2023, claiming to be the absolute owner and possessor of Plot No. 634, admeasuring 200 square yards in Survey No. 219 having purchased the same from his lawful vendor Sri Muknshi Ferozuddin. (It may be noted the matter is only pertaining to 200 sq. yards in sy. No. 219).
The Petitioner Chennu Radha Krishna obtained building permission through TS-bPASS vide order dated 09.02.2023 which was revoked without following due process of law; pursuant thereto, he approached the High court filing the writ petition aforementioned, the wakf board was also made party, the stand taken by the waqf board was that the property in question is part of the survey number 219, the lands in said survey number are attached lands pertaining to waqf institution namely Ashoorkhana Nale Mubarak situated at Phattergatti, Hyderabad, and the same is also published in Hyderabad Gazette dated 02.08.1956, State Gazette dated 16.03.1989 and also in State Gazette dated 05.08.1999, which fact was contested and denied by the petitioner, however the court referring to G.O.Ms.No. 15, dated 22.09.2020, which pertains to the protection of the waqf properties, wherein documents relating to transfer of property by way of sale are prohibited from registration under Section 22–A of the Registration Act, observed that no building permission can be issued by the Municipal corporations, Municipalities or gram panchayats when the property for the purpose other than those authorised by the Minorities Welfare Department, through the said G.O., and thus dismissed the writ petition.
The matter was carried in appeal by the writ petitioner, vide WA No. 302 of 2024, the Division bench of the Hon’ble High court set-aside the order of single Judge vide order dated 24-04-2024 and remitted the matter to corporation, as the show cause notice dated 09.03.2023 issued to Chennu Radha Krishna by the municipal corporation was suitably replied by way of a written reply dated 05.04.2023. However, the written reply was not considered while passing the revocation order dated 15.04.2023. Thus, the Division Bench remitted the matter to corporation to decide the issue again by considering the reply of the Appellant Chennu Radha Krishna and the Wakf Board within 6 weeks.
شیعہ وقف اراضی:کیا 200 مربع گز زمین محفوظ ہے؟ نعل مبارک کے تحت 300 ایکڑ اراضی کے تحفظ کے دعوے کیے جا رہے ہیں کیا اس میں سچائی ہے؟
Now, what is noteworthy is that, the Writ petition was dismissed on 27-03-2024 and the order of dismissal was set aside in Writ Appeal vide order dated 24-04-2024. However, the Chairman, Shia Board Member, for their self-glorification Suppressing the setting aside of the order of writ petition in writ appeal, got the news published in the newspaper on 20-11-2024 i.e., after 7 months and 20 days, and for reasons best known claimed that one Advocate Syed Ali Jaffery pursued the matter, whereas there is no mention of his name, in any of the proceedings.
The Shia Community is demanding the Chairman Waqf Board, Board Member Dr. Syed Nisar Hussain Hyder Agha and Advocate Syed Ali Jaffery who got published the news for their self-glorification to clarify as following:
- What is the status of the building permission in respect of Plot No. 634, admeasuring 200 square yards in Survey No. 219?
- Whether the waqf board has taken steps under the waqf act, for cancellation of sale deeds on this 300 acres of waqf land pertaining to Ashoorkhana Naal e Mubarak?
- Whether any criminal case has been booked by the Waqf board for encroachment of 300 acres of waqf land pertaining to Ashoorkhana Naal e Mubarak?
- Except the above plot, are there no encroachments, in respect of Survey Nos. 1, 94, 97, 107, 140, 141, 201, 215, 216, 217, 219, 222, 223, 224, 225, 255, 256, 306, 307, 320 to 327, 330 to 339 and 453 situated at Gajularamaram Village, Qutbullapur Mandal, Medchal Malkajgiri District?
- If yes? What steps Chairman, waqf board, the board member and their Advocate Syed Ali Jaffery has taken? (PMI)
