AhlulBayt News Agency (ABNA): In a significant development in the dispute over land associated with Jamia Nizamia, Telangana’s Advocate General Sudarshan Reddy told the high court that the property in question is Waqf property under the institution.
The admission came during the hearing of a writ petition on Thursday seeking protection of the land and challenging the proposed auction process being carried out through the Telangana State Industrial Infrastructure Corporation (TSIIC).
While questioning whether the petitioner had the legal right to bring the case, the Advocate General said that if the property belongs to the Waqf Board, the board itself could approach the court.
He also submitted that, in such circumstances, the court should hear a petition concerning the property only if it is brought by the Waqf Board or Jamia Nizamia.
The development is significant because the government’s own senior law officer acknowledged before the court that the disputed property is Waqf property connected with Jamia Nizamia.
The matter came before Justice Nagesh Bheemapaka in Writ Petition No. 26633/2026.
Advocate Syed Najam-ul-Hasan Baqri, appearing as Standing Counsel for the Telangana Waqf Board, sought time to obtain instructions from the board and file a counter-affidavit.
Justice Nagesh Bheemapaka fixed 17 August for the next hearing and directed the Waqf Board’s Standing Counsel to file the Board’s response.
The court’s direction now places the Waqf Board at the centre of the dispute.
The petition was filed by Advocate Syed Shah Ismail Qadri, who has sought protection of the Jamia Nizamia property and challenged the proposed auction of the land.
The petitioner has described the proposed auction as illegal and coercive and has asked the court to cancel it immediately.
The case names several government departments and authorities as respondents, including the Principal Secretary of the Revenue Department, Government of Telangana; the District Collector of Ranga Reddy; the Tahsildar of Serilingampally; TSIIC; the Survey Commissioner and Director of the Telangana government; the Greater Hyderabad Municipal Corporation; the Chief Executive Officer of the Telangana Waqf Board; and Jamia Nizamia.
The petition has therefore brought the dispute before the high court at a time when the proposed auction has become a central issue.
During the hearing, Advocate General Reddy questioned the petitioner’s right to maintain the case.
He argued that if the property belongs to the Waqf Board, the petitioner cannot simply bring a case concerning that property without establishing the necessary legal standing.
According to the submissions before the court, the Advocate General said that the Waqf Board could approach the court if it wished to challenge the matter.
At the same time, his submission amounted to an acknowledgement that the property is recorded or recognised as Waqf property associated with Jamia Nizamia.
This point could become important in the further proceedings because the legal status and ownership of the property are at the heart of the dispute.
The proposed auction was also brought to the attention of the high court.
The court was informed that the auction process relating to the property was connected with the proceedings.
Justice Bheemapaka made it clear that he was not issuing an order at this stage to stop the auction.
At the same time, the judge observed that if the auction takes place, the court would retain the power to set it aside.
The position leaves the matter open until the next hearing and places added importance on the response that the Waqf Board is expected to file.
The next hearing has been fixed for 17 August.
The Advocate General’s statement has put the Telangana Waqf Board in a particularly important position.
If the property is accepted by the government as Waqf property associated with Jamia Nizamia, the Board’s response could have a direct bearing on the future of the land and the proposed auction.
The Board’s Standing Counsel has already sought time to obtain instructions and submit a counter-affidavit.
According to sources cited in the material concerning the case, senior Waqf Board officials have so far been slow in providing the necessary details to their Standing Counsel.
That issue could become important because the Board is now expected to explain its position.
If the Board considers the property to be Waqf land, it may need to clearly place the relevant records and legal position before the court rather than leaving the matter to a private petitioner.
The court proceedings also give the management of Jamia Nizamia an important opportunity to place its position on record.
The institution has been made a party to the case, along with the Waqf Board and various government authorities.
The Advocate General’s statement that the property is Waqf property under Jamia Nizamia could make the institution’s own claim and historical records particularly relevant to the proceedings.
The management may now have an opportunity to establish its position through its legal representatives and present documents concerning the property’s Waqf status, management and use.
The question is not simply who claims the land, but what the official records establish about its legal status and whether an auction can lawfully be conducted in respect of Waqf property.
The next hearing on 17 August could therefore be significant for several reasons.
The Waqf Board is expected to place its counter-affidavit before the court. The court may also consider the legal standing of the petitioner and the competing positions concerning the property.
The issue of the proposed auction is likely to remain important, particularly after the court indicated that although it was not stopping the auction at present, it could set aside an auction if circumstances warranted such an order.
For Jamia Nizamia, the proceedings could prove important in protecting its claimed interest in the property, subject, of course, to what the court ultimately finds on the evidence and applicable law.
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