IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5113 of 2008 Between: 1 Smt. Amtul Raheem, W/o. late M.M. Shah Khan, R/o. H.No. 2/664/1&2/664/1B (Old), WMC No. 2-5-480(Part) (New), Choti Masjid, Subedari, Warangal District. 2 Mohd. Vajeehuddin Shah Khan, S/o. late M.M. Shah Khan, R/o. Plot No. 405D, Moon rock Apartments, Masab Tank, Hyderabad. ..... PETITIONER(S) AND 1 A.P. State Wakf Board, Rep. by its Secretary, Haj House, Opp: Public Gardens, Nampally, Hyderabad. 2 Masjid Khurd, Subedari, Hanamkonda, Warangal, Rep. by its Inspector, Auditor Wakf, Warangal District. .....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, Order or Orders, Directing the Respondents to act in accordance with law and not to interfere with the peaceful possession and enjoyment of the Property of 291 Sq. Yards forming part of the original allotment of 1269 Sq. yards situated in Sy.No. 450 & 451, Vaddepalli Village, Subedari, Hanamkonda, Warangal by the 2nd petitioner in any manner and pass Counsel for the Petitioner:MR.V.SRINIVAS Counsel for the Respondent No.: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5113 of 2008 ORAL ORDER: This writ petition is filed seeking a direction to the respondents to act in accordance with law and not to interfere with the peaceful possession and enjoyment of the land admeasuring 291 sq yards in Survey No. 450 and 451, Vaddepalli village, Subedari, Warangal. The case of the petitioners is that the land admeasuring 1269 sq. yards was initially allotted to one Mr Afzal Shah Khan and later vide proceedings dated 9.9.1968, said land was transferred to his brother Mr M.M.Shah Khan, who is husband of the first petitioner and father of the second petitioner herein. On such transfer, Mr M.M.Shah Khan divided the said plot into four pieces and constructed two houses therein. While so, the first respondent-Wakf Board passed orders dated 10.1.1986 canceling the allotment of the land in favour of Mr M.M.Shah/ husband of the first petitioner on the ground that he failed to construct houses on the subject land, within six months from the date of agreement. Thereafter, consequential orders dated 30.3.1990 were passed allotting the said land to third parties. Questioning the said orders, the petitioner along with her sons filed W.P. No. 10518 of 1993. This Court by order dated 15.7.2005 disposed of the said writ petition setting aside the orders dated 10.1.1986 and 30.3.1990 and directing the first respondent-Wakf Board to issue notices to the petitioners and third respondent therein and pass appropriate orders after considering their objections. It is further directed to maintain status quo till the final orders are passed. The petitioners allege that till date no final orders are passed. While the things stood thus, the first petitioner has executed a gift deed in respect of land admeasuring 291 sq yards in favour of second petitioner and alleges that the management of second respondent-masjid is interfering in the matter and causing obstacles in getting the gift deed registered and issuance of permission for construction of house. Hence, the present writ petition. This Court by order dated 11.3.2008 issued notices to the respondents and Standing Counsel for respondent-Wakf Board took notice for respondents and sought time to obtain instructions. Thereafter, twice the matter was adjourned and till date no counter affidavit is filed in the matter. However, today when the matter is taken up, the learned Standing Counsel for respondents-Wakf Board submitted that in terms of the directions passed by this Court in W.P. No. 10518 of 1993 dated 15.7.2005, a show cause notice was issued to the original allottees vide proceedings No. 1442/Tel.II/WGL/86 dated 24.3.2008 calling upon them to submit their explanation as to why the allotment of plots made in their favour should not be cancelled for violation of conditions of agreement of lease. It is further submitted that on receipt of explanation from the allotees, the same will be considered and appropriate orders in the matter would be passed in accordance with law. Heard the learned counsel for petitioner and learned standing counsel for respondents. Both counsel agreed for disposal of the writ petition at the admission stage. Though, several contentions were raised by the petitioners, since the show cause notice in terms of the orders of this Court in W.P. No. 10518 of 1993 is already issued calling for explanation from the allottees of the plots as to why the allotment made in their favour should not be cancelled, the petitioners can very well submit their objections by way of explanation. In view of the above and in view of the agreed stand taken by both the counsel, I deem it appropriate to dispose of the writ petition with the following directions; The petitioners are at liberty to submit their explanation to the show cause notice issued vide proceedings dated 24.3.2008 raising their objections for cancellation of the allotment in favour of Mr M.M.Sha Khan. On submission of such an explanation, the respondents are directed to consider the same and pass appropriate final orders in accordance with law expeditiously. It is needless to mention that till passing of final orders, status quo should be maintained with regard to the possession of the property, as per the directions of this Court in W.P. No. 10518 of 1993 dated 15.7.2008. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 28.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5113 of 2008 Date: 28.3.2008