IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 19th DAY OF JANUARY, 2010 W.P.No.402 of 2010 Between: Gadiraju Rangaraju and others ... PETITIONER(S) and The A.P. State Wakf Board rep by the Chief Executive Officer, Hyderabad and others …RESPONDENT(S) THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.402 of 2010 ORDER: The District Collector, West Godavari District – the 2nd respondent herein initiated proceedings against the petitioners under Section 52(2) of the Wakf Act, 1995 (hereinafter referred to as – ‘the Act’), and issued notices dated 05.12.2009. Feeling aggrieved thereby, the petitioners filed A.S.No.2 of 2009 before the A.P. State Wakf Board and they also filed an application in I.A.No.1 of 2010 seeking stay of all further proceedings. The Tribunal issued notices to the respondents in I.A.No.2 of 2009 and posted the matter to 29.01.2010. The grievance of the petitioners is that the 30 days time stipulated by the 2nd respondent for their eviction would expire much before the date on which the I.A.No.1 of 2010 in A.S.No.2 of 2009 is posted and they are likely to be evicted from the lands in their possession. Heard the learned counsel for the petitioners, the learned Standing Counsel for the 1st respondent and the learned Government Pleader for Revenue. The petitioners have earlier approached this Court in W.P.No.10914 of 2008 when the Revenue Divisional Officer, Eluru, initiated proceedings under Section 52(2) of the Act against them. The said writ petition was allowed on 20.11.2008. In view of the observations made in the order, the 2nd respondent initiated proceedings and required the petitioners to vacate the lands in their possession within 30 days from the date of receipt of a notice. The petitioners approached the Tribunal by availing the remedy under the Act. It is no doubt true that the Tribunal has chosen to issue notices to the respondents in the Appeal before any interim orders are passed. However, the time stipulated in the notices issued to the petitioners under Section 52(2) of the Act expires before the date on which the I.A.No.1 of 2010 is posted. In case, the petitioners are evicted even while their application for stay is pending, the very proceedings are likely to become infructuous. The writ petition is, accordingly, disposed of directing that the respondents shall not evict the petitioners till the Wakf Tribunal passes orders in I.A.No.1 of 2010 in A.S.No.2 of 2009. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 19th January 2010 CVRK