IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19439 of 2008 Between: Mohd. Abdul Gaffar, S/o. Mohd. Khaja Shareef, r/o. 1-8-449/7, Patigadda Begumpet, SECUNDERABAD. ..... PETITIONER AND 1 A.P. State Wakf Board, Rep. by its Chief Executive Officer, Hajj House, Opp: Public Garden Nampally, HYDERABAD. 2 The Revenue Divisional Officer and Sub Divisional Magistrate, Secunderabad. 3 Sri Mohd. Faqruddin, S/o. NOt Know Known, Motor Cycle Work Shop, Masjid-e-Haji Abdullah Compound, Near Tank Bund M.G. Road, Secunderabad. 4 Sri Shaik Osman, S/o.Not Known, Victory Fruit Centre Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 5 Sri G. Ashok Kumar, S/o.Not Known, Bharat Scooters Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 6 Sri Moulana, S/o.Not Known, Sagar Darshini, Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 7 Sri Mohd. Toufeeq, S/o.Not Known, Tyre Puncture, Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 8 Sri Mohd. Ashraf Siddiqui, S/o.Not Known, Excel Battery,, Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 9 Sri Muneer Uddin, S/o.Not Known, Universal Auto Works, Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 10 Sri Zahooruddin, S/o.Not Known, Residential House Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. 11 Sri M.A. Sarwar, S./o. Md. Hanif, Super Star Cafe Masji-e-Haji Abdullah Compound Near, Tank Bund, M.G. Road, Secunderabad. .....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 to issue an appropriate Writ, Orderor direction more particularlyin the nature of MANDAMUS, declaring the action of the 2nd respondent in not implementing the orders passed by the 1st respondent U/s. 54 (3) and 55 vide Proc. No. M4/643/II- IX/prot/2000,dt. 30-1-2002 and requisition made vide letter No. M4/643/II-IX/prot/2000 dated 21-6-2002 under sec. 55 of the Wakf Act having received the reminders dated 10-4-2005 and 8-8-2008 are not only illegal, arbitrary, capricious, malafide, derliction of duty but also contrary to the ratio of the Judgementof the Hon'ble Supreme Court of India reported in 2007(7) SCC Pae 482, in respectof the Mosquie Premises bearing Door No. 5-4-201namely Masjid-e-Haji Abdullah situated at near Tank Bund, Karbala Maidan M.G. Secunderabad, and pass Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: (SC FOR WAKF BOARD)ABDUL NAJEEB KHAN The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19439 of 2008 ORDER: Majid-e-Haji Abdullah is a mosque, which is notified wakf. First respondent initiated action under Section 54 of the Wakf Act, 1995 (the Act, for brevity), for eviction of encroachments. After issuing notice dated 02.12.2000, Chief Executive Officer (CEO) of first respondent passed orders on 30.01.2002 vide proceedings No.M4/643/II-IX/Prot/2K directing third respondent to evict the encroachment and deliver possession. The petitioner, who is a “person interested” as defined in Section 3(k) of the Act, filed the instant writ petition alleging that in spite of the requisition sent by CEO on 21.06.2002 followed by reminders, second respondent did not take any action in the matter. Petitioner prayed for a direction to second respondent, namely, Revenue Divisional Officer, Secunderabad, to remove the encroachments from the mosque premises bearing Door No.5-4-201, Masjid-e-Haji Abdullah near Tank Bund, Karbala Maidan, Secunderabad. Counter affidavit is filed by the Revenue Divisional Officer offering explanation. For ready reference, paragraphs 3 to 6 thereof are extracted as follows. I submit that the writ petition is misconceived one in as much as contrary to the very notification under the guise of the notification which is for 5-4-202. The writ petitioner is wanting the premises No.5-4-201 to be handed over by evicting the inmates. This is done mischievously perhaps to usurp the premises No.5-4-201. The very notification by C.E.O is only for 5-4-202. It is submitted that the land in T.S.No.5 and 6, Ward.78, Block.D in Sy.No.9/1/8P and 9/1/3P of Khairtabad Village. As per the TSLR record the land is recorded as “Shikam Talab”. It is Shikham of Hussain Sagar Lake. I further submit that the land being a Shikam no construction can come up and nobody is entitled to hold the government land. It is further submitted that the property bearing H.No.5- 4-201 is not notified. However, the Mosque and the abutting open space is in the occupation of petitioner and there are no encroachments over the Mosque properties. It is submitted that in the said land one Syed Mannan owning Premises No.5-4-201 is existing and the Mosque is with H.No.5-4-202 on verification of ground the Mosque and it’s land is intact. There is no encroachment in the land. The above averments, which stand unrebutted as no reply affidavit is filed, would show that the premises bearing No.5-4-201 is not notified wakf. It is brought to the notice of this Court by the learned Standing Counsel for Wakf Board that in fact premises No.5- 4-202 is notified as wakf as per Gazette Notification dated 07.10.1982. In that view of the matter, it would not be proper to direct Revenue Divisional Officer to evict persons in occupation of premises No.5-4-201. However, as the premises No.5-4-202 is notified as wakf and an order is already passed by the CEO on 30.01.2002 under Section 54(3) of the Act for eviction of third respondent, Revenue Divisional Officer may take necessary action for evicting third respondent in accordance with Section 55 of the Act after giving notice to him as well as all those persons who are in occupation of the wakf property. If during her inspection, Revenue Divisional Officer comes to know that there are no encroachments on the wakf property, a necessary reply be sent to CEO of Andhra Pradesh Wakf Board. The Writ Petition, with the above observations, is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 22.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}