THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.8552 of 2009 ORDER: The petitioner prays for quashing of the proceedings in O.S.No.18 of 2009 on the file of the A.P. State Wakf Tribunal. The basis pleaded by the petitioner is the order passed by this Court in W.P.No.4912 of 2009. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner approached this Court by filing W.P.No.4912 of 2009 challenging an order dated 20.02.2009, declaring her as illegal encroacher and directing her eviction. The writ petition was allowed on the ground that the 1st respondent has not chosen to issue any notice to the petitioner, before declaring her as encroacher under Section 54 of the Wakf Act. The order dated 20.02.2009 was directed to be treated as show cause notice and time was granted to the petitioner to submit explanation. It is stated that the petitioner has since submitted explanation on 04.04.2009. The 2nd respondent filed the suit for injunction before the Tribunal. An order of ad interim injunction was passed on 05.02.2009 restraining the petitioner from making any further construction. The contention of the petitioner that the suit is not maintainable in view of the pendency of proceedings under Section 54 of the Wakf Act before the 1st respondent cannot be appreciated by this Court at this stage. The petitioner can very well file written statement raising an objection as to the very maintainability of the suit before the Tribunal itself. The legal and factual pleas raised by the petitioner can certainly be examined by the Tribunal. It is not as if there is any immediate threat to the possession of the petitioner, on account of the filing of the suit. Therefore, the writ petition is disposed of leaving it open to the petitioner to raise all the grounds, including the one as to maintainability of the suit, before the Tribunal. As and when such pleas are raised, the Tribunal shall consider the same on their own merits. There shall be no order as to costs. _________ 27.04.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.8552 of 2009 Date: 27.04.2009 JSU