Aijaz Khan v. The State of Telangana,
Court: High Court for State of Telangana
Bench: NAGESH BHEEMAPAKA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-22. Aijaz Khan v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 3300 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 3843 OF 2024 Between: Aijaz Khan, Slo. Fayaz Khan, Aged about 38 years, Occ: Agriculturist, R/o, 17-211 , Naya Abadi, Mudhole District, Nirmal. ... PETITIONER AND 1 The State of Telangana, Rep by ils tvlinorities Welfare, Department, Secretariat, Hyderabad. 2 The Chief Executive Officer, Telangana State Waqf Board, Haj House Building, Nampally, Hyderabad ..
RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate WRIT, order or direction, more particularly one in the nature of WRIT OF TVANDATVUS declaring the inaction on the part of the 2nd respondent in not renewing the lease of the petitioner and not determining the reasonable rent per annum for the subject property, as arbitrary, bad, illegal, Un- Constitutional and violative of principles of natural justice. lA NO: 1 OF 2024 '1 Petition under Section 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to deposit the rents for the year 2022-23 @ Rs. 5,000/- p. a. and Rs. 5,1OOlfor the year 2023-24 to the credit of account of Telangana State Waqf Board in respect of the subject property.
lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 to consider the application dated 20. 09. 2023 of petitioner and issue orders of renewal of lease. lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to direct the respondent No. 2 and his subordinate officers not to dispossess the petitioner and not to interfere in the peaceful possession of the petitioner till the renewal of lease deed and till disposal of the main writ petition. Counsel for the Petitioner: SRI S. J. A. NADEEM Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent No. 2: SRI ABU AKRAM, SC FOR WAQF BOARD The Court made the following: ORDER w HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.
3843 of 2024 ORDER: This writ petition is filed seeking the following relief: "to issue an appropriate WRIT order or direction more particularlg one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the 2"d respondent in not renetuing the lease of the petttioner and not detennining the rectsonable rent per annum the subject propertA as arbitrary, for bad, illegal, Un-Constitutional and uiolatiue of pinciples of natural justice. " 2. Heard Sri S. J. A. Nadeem, learned counsel for the petitioner a-nd Sri Abu Akrarn, learned Standing Counsel for Waqf Board appearing on behalf of respondent No. 2. 3 . Th e case of the petition er is that he is the tenant of respondent No. 2 for several years and doing cultivation in the land admeasuring Acs. 15-22 guntas in Sy. No. 774 of Mudhole Village and Mandal, Nirmal District, and he paid regularly rents to Waqf Board.
Since 2O 18, the Rent Collector concerned has not received rent nor permitted to deposit the sarne Therefore, he addressed a letter to respondent No. 2 \ . 1 w and reqlrested for issuing copies of lease dced, 1n response to which, respondent No. 2 issuecl letter vide F. No. 1S7IRTIA/ADB/2018, dated 77. or. 2019 confirming that annual rents paid are part of the i record, but the lease deed is not readily traceabie, as I I such the same was not provided to petitioner 4. Learned counsel further sr. rbmits that again l petitioner addressed a letter to respondent No. 2 on I O1. 12. 2022 requesting to issue necessary orders for collection of rent amount in respect of the subject I properties and a-1so to issue renewed lease deed. In response to the same, respondent No. 2 issued intimation vide F. No. R4l14/Rent/Adb/12, dated 22. 72. 2022 directing the petitioner to remit annual rent of Rs. 76,OOO/- 1n respect of the subject waqf property. 5.
Learned counsel for petitioner subrnits that respondent No. 2 issued memo vide F. No. O 1 TSWB / Nirrnal Ek-Sala/ G en 2022 Z-lY, / / I / dated 20. O4. 2023 directing the Inspector Auditor to i$ conduct spot inspection and to file a report. The Inspector Auditor visited the subject property and also made legal enquiries but the result is not known to the petitioner. However, on 20. O9. 2023, he made a reminder submission to respondent No. 2 reqr. resting to consider the annual rent as Rs. 5,OOO/- to renew the lease. In response to the sarne, respondent No. 2 issued letter dated 07 . 12 . 2023 referring to office rnemo dated 19. 7O. 2023 and the said letter is addressed by Inspector Auditor Waqf, Nirma,l District, to respondent No. 2 and the requisition is not yet considered and finalized till date 6. Learned Standing Counsel for respondent No. 2 submits that in response to the application dated 20. O9. 2023, office of the 2"d respondent issued memo \ vide F. No.
O 1 Genl / 2022 Z- /TSWB/NIRMAL/trk-Sala/ / IV, dated 17. O2. 2O24 and decided to regularize the lease of the subject land for cultivation Rs. 1O,OOO/- @ per acre per annurn i. e. , Rs. 1O,OOO/- x 15. 22 1,56,OO0/- x 1O years = Rs. 15,60,OOO/- and directed to remit the amount of Rs. 15,6O,OOO/- ir-r Board Treasury through Inspector Auditor Waqf, Nirmal District, towards Ek-sala Cultivation of r\griculture Waqf land admeasuring Acs. I5-22 guntas 1n Sy. No. 774 of Mudhole Village and Manclal, Nirrnal District, in order to take further necessary zrction 7. Recording the submission made by learned Standing Counsel for Waqf Board, based on the written instructions, which are placed on record, this writ petition is closed. However, the petitioner is at liberty to challenge the memo dated 17. O2. 2024 passed by respondent No. 2. No order as to ()osts. Pending miscellaneous applications, if any, shall stand closed.
sD/-N clltfLD#Ii'J:Hu1 tR //TRUE COPY// SECTION M,",* To i [:[+:in:tih:fHfh'rP'? Ygi,"* i. Fffi EEI"3ELIt{ffi Telanoana. [OUT] 4. Two iD CoPies BN SB \. t. -- ) HIGH COURT DATED:2210212024 1HE S ( o R o g? o ilPfr M z o j a t ParcuEo. ORDER WP. No. 3843 of 2024 CLOSING THE WRIT PETITION WITHOUT COSTS BqA . L C9d> Y1,' 2)-\)\L\
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