IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 11676 of 2008 Between: Ashoor-Khana Havali at Ameerpet (V), Maheshwaram Mandal, Ranga Reddy District. Rep. by its Mutawalli, Md. Ameeruddin, S/o. Md. Nooruddin, Aged About 53 years, Occ: Ex- Police Patel, R/o. 1/15, at Ameerpet (V), Maheshwaram Mandal, Ranga Reddy District. ..... PETITIONER AND 1 Gram Panchayat, Ameerpet (V), Maheshwaram Mandal, Rep. by its Sarpanch Kumari Rayappa, W/o. Rayappa, Aged about 32 Years, Occ: Sarpanch Office at Ameerpet (V), Maheshwaram Mandal, Ranga Reddy District. 2 Gundamoni Venkataiah, S/o. Balaiah, R/o. Ameerpet (V), Maheshwaram Mandal, Ranga Reddy District. 3 Gundamoni Pochaiah, S/o. Balaiah, R/o. Ameerpet (V), Maheshwaram Mandal, Ranga Reddy District. 4 The A.P. State Wakf Board, Rep. by its Chief Executive Officer, Haj House Complex, Nampally, Hyderabad. ....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 a Writ order or direction more particularly in the nature of Mandamus declaring the action of the 1st respondent in demolishing the boundary wall of the Ashoor-Khana, laying of pipelines, drainage and road over the wakf property without following the Sec. 59 of the A.P. Panchayat Raj Act 1994, Sec. 91 of the Wakf. Act of 1995 having received the requisition from the 4th respondent bearing F.No. M1/59/SNT/RR/07, dated 03-06-2008, declining to stop the activities as being illegal, arbitrary, capricious, malafide, contrary to the provisions of A.P. Panchayat Raj Act of 1994, Land Acquisition Act and Wakf Act of 1995. Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: G.ELISHA (SC FOR ZPPS AND MPPS,TEL REG) Sri S.M.SUBHANI, Standing Counsel for Wakf Board The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.11676 OF 2008 ORDER: Aggrieved by the action of the 1st respondent in laying a drainage pipe over wakf lands, and in causing damage to the Ashoor-Khana, the Mutawalli of the Ashoor-Kahana Havali at Ameerpet Village, Maheshwaram Mandal, Ranga Reddy District has invoked the jurisdiction of this Court The Chief Executive Officer, A.P. State Wakf Board (4th respondent herein) is said to have caused an enquiry by its inspector who, in his report dated 04.08.2008, stated that the Sarpanch had high-handedly dug the pipe line despite letters being addressed by the Wakf Board and that there was no open land existing as alleged by the Sarpanch. While both Sri Syed Shareef Ahmed, learned Counsel appearing for the petitioner, and Sri S.M.Subhani, learned Standing Counsel for the 4th respondent-Wakf Board, would emphasise that the 1st respondent had, by his high-handed act of laying drainage pipes, encroached into wakf property and had damaged the Ashoor- khana, Sri G.Elisha, learned Standing Counsel for Gram Panchayats, Mandal Parishads and Zilla Parishads, would refer to the counter affidavit filed by the 1st respondent to contend that the underground drainage pipes were laid at the request of the villagers since the erstwhile open drainage was a health hazard, that the drainage pipes were laid on lands adjacent to, but not on, the wakf lands and that they had not even touched the Ashoor-khana let alone cause any damage thereto. Sri G.Elisha would further submit that the Gram Panchayat had completed laying the underground drainage pipes, and that no further construction with regards laying of the underground drainage pipes, was required. Whether the drainage pipes have been laid on wakf property, and whether the 1st respondent has caused damage to the Ashoor-khana during the course of laying the underground drainage pipes, are all disputed questions of fact which this Court would not, ordinarily, examine in proceedings under Article 226 of the Constitution of India. Sri Syed Shareef Ahmed, Learned Counsel for the petitioner, S r i S.M.Subhanai, learned Standing Counsel for the A.P.Wakf Board and Sri G.Elisha, learned Counsel appearing for the 1st respondent would agree that it would suffice if this Court were to dispose of the writ petition leaving it open to the 4th respondent- Board, if they are aggrieved, to take action against the 1st respondent, for encroachments/ damage to wakf property, in accordance with law. Recording the submission of Sri G.Elisha, learned Standing Counsel, that the 1st respondent has completed laying underground drainage pipes abutting the Ashoor-khana, and that no further construction in this regard shall be undertaken, the writ petition is disposed of leaving it open to the 4th respondent Board, if they are aggrieved to take action in accordance with law, against the 1st respondent for encroachment into wakf lands or damage, if any, caused to the Ashoor-khana. The Writ Petition stands disposed of accordingly. ________________ 19..11..2008. GS