IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 17289 of 2003 Between: 1 Anjuman-e-Islamia, Kurnool, Rep. by its Joint Secretary, M. Azamathulla Khan s/o late M. Abdul Haleem Khan, residing at Kurnool. 2 Islamia Arabic Degree College, Kurnool rep. by its Correspondent, Sri M. Azmathulla Khan S/o late M. Abdul Haleem Khan, residing at Kurnool. ..... PETITIONERS AND 1 The Collector, Hyderabad District 2 The Mandal Revenue Officer, Ameerpet Mandal, Hyderabad District 3 The Executive Engineer (SW) Hyderabad District S.C. Services Co-op Society Ltd., Hyderabad - 1. 4 Sri J. Balakrishna, Contractor, Hyderabad District S.C. Service Co-op. Society Ltd., Hyderabad R/o Ramanthapur, Ranga Reddy District. 5 Mrs.Vijayarani, D/o Balram Singh, 6 Boddu Pentamma, W/o Late Boddu Swamy, 7 Boddu Kumar, S/o Late Boddu Swamy, 8 Boddu Srinivas, S/o Late Boddu Swamy, 9 Boddu Sadanandam, S/o Late Boddu Swamy, (RR5 to 9 are impleaded as per Court Order dated 2/8/2004 in WPMP 34644/2003 .....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 issue an appropriate writ, order or direction, in the nature of Mandamus, declaring the proceedings of the third respondent herein bearing Lr.No. 5/HD/2003-04 dated 8-8-2003 as being illegal, arbitrary, and without any authority, in respect of the land in T.S.No. 1, Block No.1, Ward No.3, situated at Dasaram Basthi, Ameerpeta, Hyderabad. Counsel for the Petitioners: MRSYED SHAREEF AHMED Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17289 of 2003 ORDER: Anjuman-e-Islamia, Kurnool, along with Islamia Arabic Degree College, ﬁled this writ petition assailing the letter/memo dated 08.08.2003 of third respondent addressed to fourth respondent – contractor; advising him to conclude the agreement for the work of construction of compound wall to vacant land in T.S.No.1, Block I, Ward No.3, situated at Dasaram Basthi, Ameerpet, Hyderabad. It appears that the tender dated 06.08.2003 of said work was found to be more responsive and the work was allotted to him. First petitioner is a wakf registered under the Societies Registration Act, 1860. Inter alia among others it runs educational institutions, Arabic colleges at diﬀerent places in Kurnool. First petitioner claims that the wakf property bearing No.7-1-306, (house) Rahman Manzil, situated at Bahlool Khanguda Village, Hyderabad, was endowed by Abbas Begum, W/o Md. Abdur Rahman Saheb for the expenses of Arabic College and Mosque at Kurnool. The wakf was also registered and published in Hyderabad Government Gazette dated 04.10.1956. Sometime back for some period said property was let out to Government Elementary School and rents were also paid. It is alleged that taking advantage of absence of landlord, Government treated the land as of its own and with a view to appropriate the property and called for tenders for construction of compound wall. It is contended by the petitioners that the Government has no title in the property and it entirely belongs to ﬁrst petitioner by reason of the notification. In the counter-aﬃdavit ﬁled by second respondent – Tahsildar, Ameerpet, it is stated that the land in T.S.No.1, Block I, Ward No.3, in old survey No.142, admeasuring 17,450 sq. meters, was surveyed and was entered in the town survey land register (TSLR) as private land, whereby Government Elementary School was situated. It is further stated that as the School was in a dilapidated condition, it was shifted in 2001. Thereafter, the District Educational Oﬃcer submitted proposal for construction of new building with eight rooms. The District Collector accorded administrative sanction of Rs.5.30 lakhs for providing protection wall to the land in proceedings dated 23.07.2003. Third respondent was authorized to execute the work, as a result of which tenders were called for and the work was allotted to fourth respondent. Learned counsel for the petitioners has made strenuous eﬀorts to drive home the point that the land in T.S.No.1, Block I known as Anjuman-e-Islamiah is wakf property belonging to ﬁrst petitioner wakf and therefore, the Government cannot claim the property based on entries in TSLR. Learned Assistant Government Pleader for Revenue, however, opposes the same contending that when there is Gazette notiﬁcation way back in 1956, nothing prevented the petitioners to appear before the surveying authority and clarify the situation. They did not do so. Even after the work order was issued to fourth respondent, nothing prevented them from approaching third respondent placing material in proof of their claim. A perusal of the order impugned in the writ petition would show that the work was to be taken up in ﬁnancial year 2003- 2004. The District Collector in proceedings dated 23.07.2003 accorded administrative sanction for the work from out of the funds of 2003-2004. Therefore, at this point of time by reason of said work order no work can be taken up, presumably because allocated funds lapsed. In such a situation, the question whether the land claimed by the petitioners is Government land or wakf land need not be gone into at this stage. If the petitioners are so advised it is always open to them to approach the Government or Wakf Tribunal for appropriate relief. In a writ petition, question of property being wakf property or not cannot be decided as held by two Division Benchs of this Court i n M. Bikshapathi v Government of Andhra Pradesh[1], Syed Muneer v CEO, AP Wakf Board[2] a n d Allauddin Charities and Zakath Wakf v Hameed Ali[3]. The writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 08th September, 2008 GHN To 1 The Collector, Hyderabad District 2 The Mandal Revenue Officer, Ameerpet Mandal, Hyderabad District 3 The Executive Engineer (SW) Hyderabad District S.C. Services Co-op Society Ltd., Hyderabad - 1. 4 Sri J. Balakrishna, Contractor, Hyderabad District S.C. Service Co-op. Society Ltd., Hyderabad R/o Ramanthapur, Ranga Reddy District. 5 2CCs to GP for Revenue 6 2CD copies Form-NIC-OGS/WP{VSR} [1] 1999(6) ALD 270 (DB) [2] 2001(4) ALD 430 (DB) [3] 2002(1) ALD 67 (DB)