List all Waqf Board petitions before single judge: High Court

A two judge bench of the Telangana High Court comprising Chief Justice T B N Radhakrishnan and Justice A Rajashekhar Reddy on Friday directed the all the writ petitions pertaining to the challenge to the notification issued by the Waqf Board to be listed before the single judge for consideration. The bench was dealing with a writ appeal preferred by Telangana State Waqf Board against the order of the single judge in two connected writ petitions.

The writ petitions were filed by B Damodar seeking suspension of the notification issued by the State permitting the Waqf Board to interfere with the possession of the petitioner’s property. The Single judge heard the matter and pointed that Supreme Court observed in relation to the same subject property that the Waqf Board as well as private parties are given liberty to raise all questions relating to their respective title in appropriate proceedings in accordance with law, without getting any adjudication from any Forum about its title,



the Waqf Board cannot certify its own title and issue the impugned notification. 

The single judge held that as per the observation of the Supreme Court, prima facie the Waqf Board cannot exercise it’s power and issue notification contrary to the decision of the Supreme Court and granted interim stay of the notification. It is this order of the single judge which is being challenged in the writ appeal. The counsel for the petitioners in the writ plea brought to the notice of the court that there are other writ petitions pertaining to the subject land which have already been filed but are yet to be heard.

The bench noted that any order in the writ appeal will lead to contradictory orders and directed the writ petitions to be listed before the single judge. The bench adjourned the writ appeal by three weeks’ time by which time the writ petitions will be heard by the single judge.