HC Upholds Protection of 300 Acres of Ashoorkhana Waqf Land

Hyderabad:

WUT : 20 Nov

In a landmark judgment, the Telangana High Court has reinforced the protection of 300 acres of Waqf land associated with Ashoorkhana Naal-e-Mubarak in the Medchal-Malkajgiri district. The court dismissed a petition filed by Chenu Radhakrishna, who had challenged the Telangana State Waqf Board’s claim over the land.

Radhakrishna had asserted ownership of a plot within the disputed land, citing a registered sale deed dated December 8, 2022, for Plot No. 634, Survey No. 219. He sought permission to commence construction on the site. However, the court rejected his claim, upholding that the land is officially designated as Waqf property under multiple gazette notifications issued by the Telangana State Waqf Board.

Role of Waqf Laws and High Court Clarifications

The court emphasized the sanctity of Waqf properties, which are protected under specific laws that prohibit their sale, purchase, or transfer. Such transactions are deemed legally null and void. The ruling also clarified that local authorities lack jurisdiction to determine ownership rights of Waqf properties. Their responsibilities are confined to issuing permissions only after verifying the ownership status.

This decision reflects the state government’s commitment to safeguarding Waqf properties, ensuring they remain dedicated to their religious or charitable purposes.

Key Contributions to the Case

The decisive legal efforts of Waqf Board Chairman Syed Azmatullah Hussaini, board member Maulana Dr. Syed Nisar Hussain Hyder Agha, and Advocate Syed Ali Jafri were pivotal in securing the judgment. Their coordinated actions not only defended the integrity of the Waqf property but also set a precedent for addressing similar disputes in the future.

Conclusion

The Telangana High Court's ruling underscores the irrevocable nature of Waqf endowments and serves as a reminder of the legal protections afforded to such properties. This judgment is expected to deter unauthorized claims and strengthen the Waqf Board’s mission to preserve the heritage and purpose of endowed properties.