Hyderabad: The Telangana High Court has quashed a 2006 notification issued by the Waqf Board declaring over 20 acres in Gadwal as Waqf property, holding that the order was passed under a repealed statute.
Justice Laxmi Narayana Alishetty allowed two writ petitions filed by Raghavendra Reddy and other residents of Jogulamba Gadwal district, challenging the inclusion of their lands in the list of Waqf properties.
The impugned notification, issued in July 2006, declared lands in Survey Nos. 777, 734 and 735 in Gadwal as Waqf land by invoking powers under the Waqf Act, 1954. The petitioners, who claimed ownership through registered purchases from their predecessors-in-title, contended that the 1954 Act had already been repealed and replaced by the Waqf Act, 1995.
Senior advocate L. Ravichander, along with counsel S. Goutham, argued that the Gazette notification issued under the repealed enactment was illegal and without jurisdiction.
Relying on a Division Bench judgment, Justice Alishetty held that the notification issued under the Waqf Act, 1954 was a nullity and that powers under a repealed statute could not be exercised. The court accordingly set aside the 2006 order.
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