# In the matter of Viceroy Hotel Limited and Others vs. Telangana State Wakf Board, Hyderabad and others

> HC judgment dated 2024-04-25. Citation: TCN-2024-HC-00096. The case involves writ petitions challenging the validity of an addendum notification issued by the…

- **Court:** HC
- **Order date:** 25 Apr 2024
- **Citation:** TCN-2024-HC-00096
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/viceroy-hotel-limited-and-others-vs-telangana-state-wakf-board-hyderabad-and-oth-da88f67e

## Summary

### Background

The case involves writ petitions challenging the validity of an addendum notification issued by the Andhra Pradesh State Wakf Board on 23.08.2007, and the institution of proceedings under Section 54 of the Wakf Act, 1995, concerning a property claimed by the Wakf Board. The petitioners assert their ownership based on a patta granted in 1958 and subsequent transactions. The Wakf Board has made multiple claims on the property over the years, which were previously rejected. The petitioners argue that the Wakf Board's actions are barred by res judicata and that the addendum notification is invalid due to the long delay and the prior determination that the property is not Wakf property.

## Facts

A patta was granted by the Board of Revenue on 07.02.1958 for land measuring Ac.4.04 guntas in Sy.Nos.181 and 182 at Kavadiguda Village, Hyderabad, to Mohammed Gulam Dastagir. The land in W.P.No.8431/2014 measures 14,400 square yards (Acs.2.97 guntas), while the land in W.P.No.11730/2014 measures 1500 square yards, both situated in Kavadiguda Village. The Andhra Pradesh State Wakf Board conducted an inquiry under Section 27 of the Wakf Act, 1954, and determined on 05.10.1958 that the property was not Wakf property. After Gulam Dastagir's death, his legal representatives executed a sale agreement in December 1963 in favor of Smt. D.S.Laxmi and Smt. G.Mohini Kumari, followed by a sale deed on 03.08.1964. Mr. Abdul Gafoor filed a civil suit (O.S.No.2391/1964) claiming the

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## Issues and analysis

### Issue 1: Whether the addendum notification issued by …

**Ratio:** A corrigendum can only correct typographical errors or omissions and cannot substitute

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**Reasoning:** The court relied on the Supreme Court's interpretation of 'errata' and 'corrigendum' to

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**Interpretation:** The court interpreted the scope of 'errata' or 'corrigendum' narrowly,

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**Application:** The court applied this principle to the facts, finding that the addendum

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## Parties

- **Judges:** ALOK AR…; Anil Kumar…
- **Appellants:** Viceroy Hotels…
- **Respondents:** Telangana State…
- **Other parties:** Kohi…

## Timeline

- **1958-02-07 — Patta Gr…**: Patta granted by the Board of Revenue for land in Sy.Nos.181 and 182 to Mohammed Gulam…
- **1958-10-05 — Wakf Board Dete…**: Andhra Pradesh State Wakf Board determined that the subject property is not Wakf property…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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