IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15973 of 2007 Between: Smt. Azeez Bee W/o.late Mohd Yousuf, R/o.H.No. 12-1-560/1/A, Syed Ali Guda, Hyderabad. ..... PETITIONER AND 1 The A.P. Wakf Board, through its Chief Executive Officer, having officer at Nampally Road, Hyderabad. 2 Syed Obaid Quadri S/o.Syed Ahmed Quadri R/o.H.No.12-2-37/1/A/36, Zeba Bagh, Asif Nagar, Hyderabad. .....RESPONDENTS 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 pass an order, direction or a writ particularly in the nature of Writ of Mandamus declaring the respondents have no right whatsoever to seek dispossession of the petitioner from her house bearing M.Cno.12-1-560/1/A, admn. 168 sq. yards illegally without following due process of law, consequently this Hon'ble Court may be pleased to direct the respondents not to dispossess or demolish the petitioner's house bearing M.C.No.12-1-560/1/A, admn. 168 sq. yards situated at, Syed Ali Guda, Hyderabad, without following the due process of law, and pass any other order or orders. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: (SC FOR WAKF BOARD)ABDUL NAJEEB KHAN The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15973 of 2007 ORDER: Petitioner filed the instant writ petition seeking a writ of mandamus declaring that respondents have no right whatsoever to seek dispossession from her house bearing No.12-1-560/1/A, and for a consequential direction to respondents not to dispossess her from her house without following due process of law. It is the case of the petitioner that she is absolute owner and possessor of house bearing No.12-1-560/1/A having purchased the same under registered sale deed from her vendor. She alleges that on 18.07.2007 first respondent sent his area Inspector who informed her that Wakf Board wants to dispossess her from the house. Apprehending that she might be dispossessed without due process of law, petitioner filed the instant writ petition. After hearing the learned Counsel and after going through the affidavit filed in support of the writ petition, this Court is of considered opinion that the writ petition is filed on a mere apprehension, and there is no material evidence filed in support of the allegation made by the petitioner. However, this Court observes that if the petitioner is in possession of the subject house, as alleged, and if respondents want to evict her, petitioner cannot be evicted without following due process of law. It is also made clear that if an order is already passed under Section 54(3) of the Wakf Act, 1995 (the Act, for brevity), or if the Sub-Divisional Executive Magistrate has already initiated action under Section 55 of the Act, it shall be open to the petitioner to avail the remedy under Section 83(2) of the Act. Liberty is given to the petitioner to approach the State Wakf Tribunal within a period of four weeks. To enable her to obtain appropriate orders, there shall be status quo for a period of four weeks. The Writ Petition, with the above observation, is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 03.12.2008 Note: Issue C.C in one week. B/o. vs To 1 The Chief Executive Officer, A.P. Wakf Board, having office at Nampally Road, Hyderabad. 2 The Revenue Divisional Officer, Hyderabad, Having Office at District Collector Office Building, Nampally, Hyderabad. 3 The Mandal Revenue Officer, Asif Nagar Mandal, Hyderabad District. 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{KURR}