HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30696/2010 Date : 7-12-2010 Between : Guttula Srinivas s/o.Janakiramaiah and others .. Petitioners and Government of Andhra Pradesh, Represented by its Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioners : Sri G.Krishna Murthy Counsel for respondent Nos.2 & 4 : Sri Safat Ahmed Khan, Standing counsel for Wakf Board Counsel for respondent Nos.1, 3 and 5 : Assistant Government Pleader for Revenue The Court made the following : ORDER: This Writ Petition is filed for a mandamus declaring proceedings dated 22-10-2010 issued by respondent No.3 whereby the petitioners were directed to handover vacant possession of land admeasuring Ac.9- 16 covered by Sy.Nos.13/5, 626/1, 626/2, 626/3, 626/4, 3/1 to 3/6, 3/8 to 3/10, 4/8, 4/13, 13/1, 13/3 etc., of Kadium village and mandal, East Godavari District as illegal and arbitrary. I have heard Sri G.Krishna Murthy, learned counsel for the petitioners, Sri Safat Ahmed Khan, Standing counsel for Wakf Board representing respondent Nos.2 and 4 and the learned Assistant Government Pleader for Revenue for respondent Nos.1, 3 and 5. From a perusal of the impugned order it is evident that prior notice was not issued to the petitioners before passing the said order. The impugned order therefore suffers from not only violation of principles of natural justice but also the procedure prescribed under Section 52(2) of Wakf Act 1995. Therefore, the impugned order cannot be sustained. The parties are directed to treat the impugned proceedings as notice and the petitioners are permitted to submit their explanation to the same within four weeks from today. On receipt of the explanation along with material, if any filed by the petitioners, respondent No.3 shall consider the same, pass appropriate orders and communicate the same to the petitioners. Till the passing of such final orders and communication of the same to the petitioners, they shall not be dispossessed from the lands in question. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.39066/2010 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 7-12-2010 AM