IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4634 of 2008 Between: M.Manik Niwas Rao S/o.late M.Balaram R/o.17-4-215/1, Yakutpura, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Department of Wakfs and Minorities Welfare, SEcretariat, Saifabad, Hyderabad, Rep. by its Secretary. 2 Andhra Pradesh State Wakf Board, Public Gardens, Hyderabad, rep. by The Chief Executive Officer, Public Gardens, Hyderabad. 3 The Chief Executive Officer, The A.P. State Wakf Board, Public Gardens, Hyderabad. 4 The Revenue Divisional Officer and Sub-Divisional Magistrate, Hyderabad. .....RESPONDENT(S) 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 to issue a Writ of Mandamus or other appropriate order or direction in the nature of a writ directing respondents 2 and 3 to supply true copies of (1) Report of the Chief Executive Officer, A.P. State Wakf Board, dt. 22-7-2004; (2) Notice under Section 54(1) of the Wakf Act, 1995 dated 26-7-2004; (3) Eviction orders under SEction 54 (3) of Wakf ACt, 1995 dated 7-1-2005; (4) report of I.A. all of which are referred to in reference column dated 30-6-2005 bearing No. 586/HI/Prot/2001, and also direct the respondents not to take any action against the petitioner pursuant to the said proceedings for a period of 2 weeks from the date of supply of the said documents after declaring the action of the respondents in not supplying the same as arbitrary, discriminatory and violative of Article 14, 19 (1)(g) and 300A of Constitution of India and provisions of Wakf and principles of natural justice in the interest of justice and pass such other or further orders. Counsel for the Petitioner:MR.B.NALIN KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4634 of 2008 ORAL ORDER: This writ petition is filed seeking a direction to respondents 2 and 3 to supply true copies of (i) Report of the Chief Executive Officer, A.P. State Wakf Board dt 22.7.2004 (ii) Notice under section 54 (1) of the Wakf Act, 1995 dated 26.7.2004 (iii) Eviction orders under section 54 (3) of the Wakf Act, 1995 dated 7.1.2005 and (iv) Report bearing No.586/H!/Prot/2001 dated 30.6.2005 and for a consequential direction to the respondents not to take any further action in the matter. The petitioner claims that he is the absolute owner and possessor of the property bearing No.17-4-215/1 to 220, Yakutpura, Hyderabad, having acquired the same through a family settlement deed dated 3.9.1997 and paying all the statutory taxes etc. While so, on 11.2.2008 he received order dated 20.7.2007 passed under section 55 of the Wakf Act directing him to vacate the subject premises forthwith on the ground that the same is a Wakf land. The petitioner alleges that he is unaware of the said eviction proceedings and except the order dated 20.7.2007, he has not received any other proceedings in the matter. The grievance of the petitioner in the present writ petition is that in the absence of the eviction proceedings and orders alleged to have been passed by the respondent authorities, he is handicapped in working out the remedies available to him under law. Hence, the present writ petition. At the time of hearing, the learned counsel for petitioner confined his prayer for supply of eviction order passed under Section 54 (5) of the Wakf Act, 1995 dated 7.1.2005. The learned Standing Counsel for Wakf Board, submitted that the petitioner can submit an application in a prescribed form under Section 30 of the Wakf Act to the Chief Executive Officer, A.P.State Wakf Board, Hyderabad- third respondent herein seeking true copy of the eviction order dated 7.1.2005, and if any such application is filed, the third respondent will consider the same. Heard the learned counsel for petitioner and learned Standing Counsel for respondents-Wakf Board. Both counsel agreed for disposal of the writ petition at the stage of admission. Having regard to the facts and circumstances of the case and in view of the agreed stand taken by both the counsel, the writ petition is disposed of directing the petitioner to submit an application under Section 30 of the Wakf Act before the third respondent for supply of true copy of eviction order dated 7.1.2005. If any such application is filed in the prescribed form, the third respondent is directed to consider the same and supply the true copy of the order dt 7.2.2005, within three days from the date of receipt of the application. Subject to above, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 4/3/2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4634 of 2008 DATE: 4.3.2008 To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}