IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27418 of 2005 Between: Managing Committee, Anjuman-e-Mufidul Islam of Dharmavaram, Rep by its President L.M.Ismaial, S/o.S.K.Mohd.Jaffar, 65 Years, Retd Teacher, R/o.Dharmavaram Mandal and Town, Anantapur District. ..... PETITIONER AND 1 The Municipal Commissioner, Dharmavaram Town and Mandal, Ananthapur District. 2 The District Collector, Anantapur District. 3 The Chief Executive Officer, A.P.State Wakf Board, Hyderabad. 4 Sri Jaya Mohan Reddy, Dharmavaram Municipality, Dharmavaram. .....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 order or writ, more particularly one in the nature of Writ of Mandamus setting aside impugned action of the 1st respondent in constructing the water tank, in the premises of burial ground , in Sy.No.488/2, situated at Dharmavaram Town and Mandal, holding it as illegal, arbitrary, contrary to the facts and law and pass such other order or orders. Counsel for the Petitioner: MR MOHDVASI AHMED Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 27418 of 2005 O R D E R : The petitioner-society claims to have been appointed by the A.P. State Wakf Board, Hyderabad under Section 18 of the Wakf Act, 1995 to take care of the Muslim Minority problems. Alleging that the first respondent-Municipality was attempting to construct a water tank in the land administered by the Wakf Board recorded in the revenue records as burial grounds and there was also a proposal for construction of a teachers home, which is against the interest of the minorities, the present writ petition has been filed to declare that the said action of the first respondent is arbitrary and illegal. Though, no counter affidavit is filed, Sri S.I.Newton, learned standing counsel appearing for the first respondent-Municipality stated that the construction of the water tank has been completed long back and the allegation of its construction in the land earmarked for burial ground is not correct. The fact that the construction of the water tank has already been completed has not disputed by the learned counsel for the petitioner. However, it is stated that several encroachments are being made into the burial ground situated in Sy.No.488/2 of Dharmavaram and therefore, it is necessary to conduct a survey and localize the society to avoid encroachments. It is also stated that for the said purpose a representation was made by a welfare association of the minorities long back on 10-04-2005. Having regard to the fact that the such survey is required in the interest of public, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to cause an enquiry into the alleged encroachments and also to get a survey conducted and localize the burial ground earmarked for the minorities of Dharmavaram village. No costs. ______________ G. ROHINI, J Dated:30-01-2009 KLP