Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 26 October 2026

Case Overview

  • Appeal No. 2804 of 2024 filed by the A.P. State Wakf Board (now Telangana State Wakf Board) against Syed Masood Ahmed & Anr.; also includes Contempt Petition (C) No. 842 of 2026 and (C) No. 635 of 2026.
  • The appellant sought a permanent injunction to restrain the respondents from interfering with possession of land described as “Mafi Inam” adjoining the Qutub Shahi Mosque, Dargah, and Graveyard in Survey No. 89, Hameedullah Nagar, Shamsabad Mandal, Ranga Reddy District.
  • Trial Court had granted the injunction; High Court set it aside on the ground that, in the absence of an occupancy certificate under the Telangana Abolition of Inams Act or revenue records, the suit‑scheduled property could not be declared wakf property.
  • The Supreme Court examined precedents (Balkrishna Dattatraya Galande v. Balkrishna Rambharose Gupta, Anathula Sudhakar v. P. Buchi Reddy) and held that possession must be proved for an injunction, but found that the evidence established the land’s wakf character.
  • Survey Commissioner’s report (1968) and Gazette Notification dated 9‑2‑1989 (Serial No. 3108) identified the land (including Survey Nos. 81, 87, 88, 89, 121, 55‑60) as wakf property for prayer, burial, and Fateha, with a Mutawalli Haji Syed Meher Ali.
  • The Court noted that the limitation for raising a wakf dispute is one year from the gazette publication; no dispute was filed within that period.
  • The Court found no cloud over title and concluded that the defendants’ possession was only by agreement of sale and power of attorney, not by title.
  • Regarding the contempt petitions, the respondents alleged (i) religious activities and erection of a gateway/hoarding, and (ii) cancellation of a sale deed without court permission. The Court held these actions did not affect the property rights and dismissed both petitions.

Final Outcome

  • The High Court order is set aside; the injunction granted by the Trial Court is restored and made absolute in favour of the Telangana State Wakf Board.
  • Both contempt petitions are dismissed.
  • Any pending applications, if any, are rejected.

Topics: Wakf Property, Injunction, Contempt