They relied on occupancy rights certificates issued in 1990, pattadar passbooks, title deeds and revenue records that recorded them as the owners and possessors of the properties The petitioners contended that the lands were private patta properties inherited from their ancestors.
Hyderabad : Telangana high court has set aside a 2001 gazette notification that classified several private lands in Medak district as waqf properties, holding that the Waqf Board failed to demonstrate compliance with the mandatory survey and enquiry process prescribed under law before issuing the notification. After examining the submissions of both sides, the court found that the board had failed to produce the survey report, enquiry proceedings, records relating to objections, proof of public proclamation or any other material demonstrating compliance with the requirements of the Waqf Act. The court observed that mere publication of a notification in the gazette could not substitute the mandatory statutory procedure, particularly when inclusion of land in the waqf list carried serious civil consequences for private landowners.