Hyderabad : Telangana high court has directed revenue authorities to remove 32.26 acres of land in Chatanpally village near Shadnagar from the prohibitory register within four weeks, holding that administrative records must reflect binding judicial orders.
They pointed out that the high court, in earlier writ petitions, had already set aside the 2003 gazette notification that classified the lands as waqf property. The petitioners contended that the lands originally belonged to private pattadars and protected tenants.
The Waqf Board submitted that the high court had already invalidated the gazette notification concerning the lands. It also contended that its chief executive officer did not possess the statutory authority to directly modify or delete entries in the prohibitory register maintained by the revenue and registration departments. In its judgement, the high court observed that administrative records cannot override or ignore binding judicial declarations. The court noted that once the gazette notification was struck down, the basis for treating the lands as waqf property ceased to exist. Emphasising that public authorities are duty-bound to carry out consequential changes arising from final court orders, Justice Alishetty directed the authorities to remove the subject lands from the prohibitory register within four weeks.
The continued presence of the lands in the prohibitory register, despite the earlier court rulings, amounted to an unlawful restriction on the petitioners’ property rights, the court held.
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