IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.172 OF 2003 Dt.19.11.2009 Between: Andhra Pradesh State Wakf Board Represented by its Chief Executive Officer Razzak Manzil, Haj House Complex Opp: Public Gardens, Nampally, Hyderabad … Appellant And Smt. Waheedunnisa Begum and others … Respondents Counsel for the Appellant: Sri M.A.K. Mukheed Counsel for the Respondent No.1: Sri Mirza Safiullah Baig For Mirza Imamulla Baig THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.172 OF 2003 JUDGMENT: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) In this Writ Appeal filed by the Andhra Pradesh State Wakf Board, order dt.27.12.2002 passed in Writ Petition No.25311 of 2002 has been challenged. By the said order, the learned Single Judge directed the appellant to consider the case of respondent No.1 for regularization of construction made by her, in terms of G.O. Ms. No.87, dt.21.10.1994. At the hearing, Sri M.A.K. Mukheed, learned Standing Counsel for the appellant - Wakf Board placed before us a copy of order dt.21.4.2003 in Writ Petition No.900 of 1995, wherein the learned Single Judge declared that G.O. Ms. No.87, dt.21.10.1994 was issued without jurisdiction and accordingly he has set aside the said G.O. The learned Standing Counsel submitted that in view of the said order, the order of the learned Single Judge challenged in this Writ Appeal, cannot be given effect to. Sri Mirza Safiullah Baig, learned Counsel for respondent No.1, fairly conceded to the said submission. He, however, urged that no coercive steps can be taken against respondent No.1 without following due process of law. Having regard to the above mentioned submissions of the learned Counsel and in view of the order in Writ Petition No.900 of 1995, dt.21.4.2003, the Writ Appeal is allowed and the impugned order is set aside. However, the appellant shall not take coercive steps in respect of the construction made by respondent No.1, without following due process of law. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 19.11.2009 bnr