IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF OCTOBER, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16362 of 2003 Between: Sk.Abdul Kaleem and another. … Petitioners And The District Collector, Nizamabad and others. … Respondents Counsel for the petitioners: Sri Rajkumar Rudra. Counsel for respondents: AGP for Revenue for R.1 and R.2. Sri S.N.Hassan Baori for Sri Mir Masood Khan for R.4. Sri Sricharan Telaprolu for Sri Venkata Rangadas Kanuri for R.6 to R.106. None for R.3 and R.5. This Court made the following: ORDER: The petitioners, who claim to be interested in the properties situated in Survey Nos.665/1, 665/2, 665/3 and 681 of Ward No.7, Bodhan, Nizamabad District, and belonging to Masjid Nade Ali Baig Mosque; and Survey Nos.722, 723 and 724 of Ward No.7, Bodhan, Nizamabad District, said to be belonging to Hazrath Syed Jamal Sha Quadri Dargah of Bodhan, filed this Writ Petition for a Mandamus to direct the respondents not to alienate the lands situated in the above- mentioned survey numbers. In support of the contention that the lands situated in the above-mentioned survey numbers belong to the two Mosques referred to above, the petitioners filed a copy of the proforma for survey of Wakf properties. A perusal of the record shows that as far back as 6-3- 1981, respondent No.5 issued G.O.Ms.No.194, followed by G.O.Ms.No.255, dated 13-6-2001 ordering for allotment of municipal land to hut dwellers in different localities of Bodhan Municipality. The said two G.Os., were followed up by G.O.Ms.No.350, Municipal Administration & Urban Development (J1) Department, dated 16-7-2003. Significantly, these G.Os., do not refer to any particular survey number. The petitioners apprehend that in the guise of allotment of municipal land, the wakf properties are sought to be allotted to the hut dwellers. The beneficiaries got themselves impleaded as respondents 6 to 106. In the affidavit filed in support of their implead petition, they have denied the petitioners’ claim that the lands in survey Nos.722, 723 and 724 situated in Ward No.7 of Bodhan were declared as wakf properties. They pleaded that the lands allotted to them are situated in the said survey numbers, which are not wakf properties. Respondents 1 to 3 and 5 have not filed counter- affidavits. In the counter-affidavit filed by respondent No.4 they have maintained that the lands referred to in the Writ Petition are the wakf properties and that the Wakf Board has taken initiative to protect them from illegal alienations. A perusal of the proforma for survey of wakf properties shows that the following survey numbers, with the extents, are mentioned therein: Sy.No. Extent 689/1 1.23 689/2 0.03 665/1 1.10 665/2 2.17 665/3 2.25 693 2.6 537 1.0 713 1.16 -------- 12.20 -------- The above-mentioned details show that survey Nos.722, 723 and 724 in Ward No.7 of Bodhan, Nizamabad District, are not included in the said list. While the impleaded respondents have not disputed the claim of the petitioners that the lands situated in Survey Nos.665/1, 665/2 and 665/3 and referred to in the Writ Petition belong to the Mosque and the Darga mentioned above, the learned counsel for the petitioner fairly admitted that in so far as the lands in survey Nos.722, 723 and 724 are concerned they are not included in the survey list showing them as wakf properties. Indeed, petitioner No.3, who was interested in the lands in the above mentioned survey numbers, withdrew the Writ Petition under order dated 17-8-2005 passed by this Court. No relief can, therefore, be granted in respect of the lands situated in the above-mentioned survey numbers. With regard to the lands in survey Nos.665/1, 665/2, 665/3 and 681, while it is the case of respondent No.4 that the said lands are wakf properties, none of the respondents denied this position. It is, therefore, incumbent upon respondent No.4, which is the custodian of the wakf properties, to protect these properties from being alienated/allotted to third parties by any agency, including the Government. The counter- affidavit filed by respondent No.4 is too vague as to the manner in which they are protecting the wakf properties referred to above. Respondent No.4 is, therefore, directed to initiate appropriate steps to ensure that the properties belonging to the above mentioned Mosque and Dargah, situated in Survey Nos.665/1, 665/2, 665/3 and 681 of Ward No.7, Bodhan, Nizamabad District, are properly protected. If it is found that they are in the possession of any third party, respondent No.4 shall forthwith initiate action for recovery of possession, in accordance with law. Subject to the above directions, the Writ Petition is disposed of. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date: 14-10-2009 MNR