IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13945 of 2005 Between: P. Venkateswarlu, S/o. Gopaiah, R/o. 11-2-194, Khammam, Khammam District. ..... PETITIONER AND 1 Mandal Relvenue Officer, Khammam Urban Mandal, Khammam, Khammam District. 2 District Collector, Khammam District at Khammam. 3 Revenue Divisional Officer, Khammam, Khammam District. 4 A.P. State Wakf Board, Rep by its Chief Executive Officer, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate writ directing the respondents to act in accordance with law and forbear from dispossessing the petitioner from the land in Sy.Nos. 264 and 265 of Khanapuram Haveli Village, Khammam Urban Mandal, Khammam District without following the procedure of law and without notifying the petitioner about the invalidating circumstances about his possession and enjoyment over the property admeasuring 2264 Sq.yards in Sy.Nos. 264 and 265 of Khanapuram Haveli Village, Khammam Urban Mandal, Khammam District and grant such other relief as it deems fit in the circumstances of the case Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 13945 of 2005 25-02-2009 Oral Order: The petitioner seeks an amorphous direction to the respondents to forbear from dispossessing him from the land in survey Nos. 264 and 265 of Khanapuram Haveli village, Khammam Urban Mandal, Khammam District without following the due process of law. The petitioner claims to be the owner and possessor of land ad-measuring 2264 square yards and to having purchased the same under four registered sale deeds. The petitioner also claims to have obtained building permission from the Gram Panchayat for construction of shops and to be paying the property tax on the constructed shops. The petitioner learnt that one Mohd. Madar son of Gilani of Khammam had filed W.P.No. 12082 of 2005 against the petitioner seeking a direction to the revenue authorities to stop the constructions made by him. From the pleadings in that writ petition, the petitioner learnt that Mohd. Madar claimed that the land in survey Nos. 264 and 265 of Khanapuram are Wakf lands under the administrative control of the 4th respondent, but asserts that there is no Wakf land in the village. In the circumstances apprehending action by respondent Nos. 1 to 4 in dispossessing him from the property in question, without following the due process of law, the writ petition is filed as a preemptive strategy. The 4th respondent has filed a counter affidavit while the respondent Nos. 1 to 3 have not. The 4th respondent’s counter states that when the petitioner was trying to encroach on Wakf property by starting construction, the answering respondent addressed a letter to the 2nd respondent to stop the illegal constructions. It is further pleaded that a Darga is situated in Khanapuram Haveli village in an extent of Ac.0-29 guntas with attached inam lands ad-measuring Ac.7-04 guntas in survey Nos. 264 and 265 of the village; in the survey conducted in 1960s by the Survey Commissioner of Wakfs under the provisions of the Wakf Act, 1954, this property was published in the Gazettee on 25-01-1990 at page No. 141, Serial No. 70174. As per the revenue records, according to the 4th respondent, the land in survey No. 264 in an extent of Ac.03-20 guntas and survey No. 265 are in the names of Thim Masthan and are inam lands. It is the categorical case of the 4th respondent that the lands in survey Nos. 264 and 265 are Wakf lands over which the petitioner has no manner of title or legitimate interest. The respondents also claim that the 1st respondent had demolished the illegal constructions put up by the petitioner and the Government of Andhra Pradesh had set up a Task Force in G.O.Ms.No. 374, Revenue (SER) Department dated 25-06-2002 of which the District Collector is the Chairman, in exercise of which power, the 1st respondent demolished the illegal structures put up by the petitioner. As there is a serious dispute with regard to the fact whether the property is a Wakf land or patta land to which the petitioner is entitled to title and possession, such inherently disputed questions of fact ought not to be decided by this Court under Article 226 of the Constitution of India. If the petitioner is aggrieved and desires to establish title, ownership and possession of the lands in question, the petitioner may consider moving the appropriate forum, either the Civil Court of competent jurisdiction or the Wakf Tribunal, as the case may be, in accordance with law. No relief however could be granted in this writ petition. The writ petition is misconceived and is accordingly dismissed, but preserving the liberty in the petitioner to pursue appropriate remedies available under law. No costs. ____________________ GODA RAGHURAM, J Dated: 25-02-2009 Pvks