HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.22554 of 2009 Dated: 20-07-2010 Between: Moullim Mohsin Bin Hussain A1 Kasary …Petitioner AND The Chief Executive Officer, A.P.State Wakf Board, Razzak Manzil, Haj House, Nampally, Hyderabad & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.22554 of 2009 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) This writ petition is filed in the form of Public Interest Litigation for issuance of writ of mandamus declaring the inaction on the part of 1st respondent in taking action pursuant to the representations made by the petitioner, dated 19.6.2006 and 20.8.2008 as arbitrary and illegal. By the representations, dated 19.6.2006 and 20.8.208, petitioner brought to the notice of the Chief Executive Officer, A.P.State Wakf Board-first respondent herein about the sale of the wakf land situated in Sy.Nos.58 and 65 of Nadargul Village of Saroornagar Mandal, R.R.District to one B.Karunakar Reddy, Ghouseunnisa Begum and Tanveerunnisa Begum by Syed Khaja Moinuddin and Syed Jalaluddin. It was stated that the said purchasers in turn sold the said land to M/s. Lakshmi Nilaya Constructions represented by its partners B.Surya Prakash Reddy and K.Damodar Reddy, who converted the wakf land into plots and sold to third parties. Therefore, the first respondent was requested to stop the encroachments and selling of the wakf land to third parties. Since the two representations have not evoked any response, the present writ petition has been filed. In response to the notice before admission, the first respondent filed a counter affidavit stating that the Commissioner of Wakf appointed by the State Government surveyed the land and notified the same in A.P. Gazette No.6-A, dated 9.2.1989. Upon receipt of the representation of the petitioner stating that the wakf property has been encroached, necessary memo has been issued to the Inspector Auditor Wakfs and the copies of the same were forwarded to the Revenue Divisional Officer and the Mandal Revenue Officer, Saroornagar Mandal on 23.6.2006 and also to the District Collector, Ranga Reddy District with a request to stop the encroachments over the wakf land and to issue Occupancy Right Certificate in the name of the first respondent-Board under the provisions of the A.P. (T.A.) Abolition of Inams Act, 1955. It is stated that aggrieved by the orders passed by the Revenue Divisional Officer, R.R.District, dated 2.5.1992 in respect of the land to an extent of Ac.22.00 gts. situated in Sy.Nos.1 to 5, 10,15,20,26,58,65 and 874, appeals were filed by the first respondent, and that when the appeals were dismissed, W.P.No.21058 of 2006 was filed in which, this Court granted interim suspension and also directed the writ petitioners not to alter/change the use of the land or alienate the property in favour of third parties and that the said writ petition is pending. In a petition filed by one Kandadi Sriramareddy under Section 5(B) of A.P. Rights in Land and Pattedar Pass Books Act, 1971 when the Mandal Revenue Officer, Saroornagar Mandal ordered the said petition in respect of the land in Sy.No.58 and 65, the Revenue Divisional Officer ordered to maintain status quo by both the parties in which, the first respondent-Board was arrayed as respondent No.8. It is stated that to protect the lands from the encroachments, the first respondent-Board has issued notices under sub-section (1) of Section 54 of the Wakf Act, 1995 to 33 encroachers calling upon them to explain within 15 days as to why an order should not be passed to remove the encroachments. Three notices were unserved and when the remaining encroachers failed to submit explanation, the first respondent-Board has issued orders on 7.5.2007 as per sub-section (3) of Section 54 of the Wakf Act, 1995, and that the Inspector Auditor Wakfs concerned handed over 30 eviction orders to the Mandal Revenue Officer to get the encroachers evicted and for handing over possession of the land. As per the averments in the counter affidavit filed by the first respondent, all necessary steps have been taken by the first respondent-Board to get the encroachers evicted from the wakf land. Further the counter affidavit filed by the respondents 9 and 10 viz. the Deputy Collector, Saroornagar Mandal and the Mandal Revenue Officer, Saroornagar Mandal respectively, also discloses the initiation of the necessary proceedings. In the said counter it is stated that as many as 30 eviction orders were received from the first respondent- Board, that 29 persons on whom the eviction orders were passed are not the residents of Saroornagar Mandal and are residing in different parts of the state and therefore, substituted service was done at the spot i.e. in the land in Sy.No.58 and 65 of Nadargul Village under a cover of panchanama on 9.7.2010, and that the same was intimated to the first respondent-Board vide letter, dated 10.7.2010. It is stated that the time granted to those 30 encroachers would expire by 24.7.2010 and it is asserted that on expiry of the time specified in the notices, necessary action will be taken to evict those persons, who are in unauthorized occupation of the wakf land. Inasmuch as process has already been initiated by the first respondent-Board acting upon the representations made by the petitioner, as stated in the counter affidavits, no further adjudication is called for in the present writ petition. Accordingly, the writ petition is disposed of directing the respondents 1,9 and 10 to proceed further in the matter. However, the parties including the persons, who are ordered to be evicted from the wakf land, are at liberty to avail the remedies available to them under law. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ JULY 20, 2010 K.C. BHANU, J. Tsr.