THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 10449 of 2008 ORDER: An extent of Ac.6.39 guntas of land in Survey Nos.330,331,332,335 and 336 of Khammam Revenue Village was declared as evacuee property. Thereafter, it changed hands and ultimately, respondents 5 and 6 are said to be the present owners. The said property was notified under the provisions of the Wakf Act, through a notification dated 25.01.1990. The petitioner states that the land is a wakf property and that himself and his family members were conferred the right to enjoy the usufruct of the land. His grievance is that the A.P. Wakf Board and the Revenue Administration, respondents 1 to 4, are not taking steps to protect the property and on the other hand, efforts are being made to issue no objection certificate in favour of respondents 5 and 6. This writ petition is filed with a prayer to declare the inaction on the part of respondents 1 to 4 in protecting the property as illegal and arbitrary and to prevent the 4th respondent from issuing no objection certificate in favour of respondents 5 and 6. On behalf of respondents 2 to 4, counter affidavit is filed. The history of the title to the land is traced and it is also mentioned that the land has changed several hands before it reached respondents 5 and 6. Heard Sri S.Srinivas Reddy, learned counsel for the petitioner, learned Government Pleader for Revenue, Sri S.M.Subhan, learned counsel for the 1st respondent and Sri Satyam Reddy, learned counsel for respondents 5 and 6. It is no doubt true that the land referred to above was notified under the Wakf Act, through a notification dated 25.01.1990. However before that, the land was dealt with under the Administration of Evacuee Property Act, 1950 and it was allotted to a person displaced from Pakistan. The allottee in turn sold it in favour of third parties and ultimately respondents 5 and 6 have purchased it. The mere fact that the property was notified ignoring the rights of existing title-holders cannot confer any right. Though it is competent for the Wakf Board to seek assistance of the revenue authorities to secure possession, much would depend upon the nature of property and situation on the ground. Further, the disputed questions of this nature need to be determined on the basis of the oral and documentary evidence in a Tribunal specially constituted under the provisions of the Wakf Act. Either the petitioner or if it is so advised, the 1st respondent can seek such remedies. Therefore, the writ petition is disposed of leaving it open to the petitioner to work out his remedies by filing a suit before the Wakf Tribunal or to approach the 1st respondent for necessary action in accordance with law. There shall be no order as to costs. _________ 10.02.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 10449 of 2008 Date: 10.02.2009 JSU