THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.26770 of 2009 Dated: 08.12.2009 Between: Organization Committee Masjid Yousifia (Wakf) .. Petitioner. And Chief Executive Officer, A.P. State Wakf Board, And others. .. Respondents. ORDER: The deponent, Secretary of the petitioner-Organization Committee Masjid Yousifia (hereafter referred to as the petitioner Wakf), claims that the petitioner Wakf is the absolute owner of the premises bearing No.4-2-57 (corresponding to old No.4-2-490), together with appurtenant land admeasuring 193 sq. yards situated at Hatai Street, Nizamabad, a notified Wakf property, and till 1980, there was Ashoorkhana in the said property and, thereafter, the said property was used for Fathekhakhani i.e., reading room. Subsequently, a portion of the said property was let out to the 5th respondent and the remaining portion (open place) was illegally occupied by the 5th respondent, who thereafter raised illegal structures on it, but on a complaint given against him, the Municipal authorities demolished the said illegal structures. The deponent further asserts that the 5th respondent, without having any legal right over the subject property, got the name of his wife included in the property tax assessment register during the year 1989-90, in respect of the said property, and also appears to have executed a gift deed vide document No.1872/96, dated 22.05.1996, in favour of his wife. The deponent also asserts that the Municipal authorities, without conducting any enquiry as contemplated under law, have mutated the entries, in respect of the subject property, in the concerned revenue records in the name of the wife of the 5th respondent and, hence, a detailed representation was submitted to the 1st respondent-Chief Executive Officer, A.P.State Wakf Board, on 09.01.2009, bringing to his notice about the illegal encroachment made by the 5th respondent over the subject property, which is the notified wakf property belonging to the petitioner Wakf, and to protect the said property by initiating necessary action against the 5th respondent and his family members, but till date no action has been taken thereon. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent is directed to consider the representation purported to have been made by the petitioner on 09.01.2009 and take appropriate action in accordance with law, after hearing all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 08.12.2009 v v