IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3803 of 2005 Between: Parachuri Rama Devi W/o Jagadeswara Rao R/o Vijayawada, Krishna District ..... PETITIONER AND 1 The Chief Executive Officer, Andhra Pradesh State Wakf Board Haj House, Nampally,Hyderabad 2 The I.A. Wakf Attili, West Godavari District 3 The District Revenue Officer, West Godavari district .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the action of the 1s respondent in issuing the impugned proceedings bearing No. 32/prot/M6/WG/2004 dt 4-9-2004 as illegal, arbitrary and in violation of principles of natural justice and consequentially direct the respondents to set a side the impugned proceedings bearing No. 32/Prot/M6/WG/2004 dt 4-9-2004 of the 1st respondent. Counsel for the Petitioner:MR.B.P.RAJU Counsel for the Respondent Nos.1 & 2: Mr.S.M. Subhani, SC for A.P. Wakf Board Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following : O R D E R : The petitioner questions the notice dated-04-09-2004 issued by the first respondent- Chief Executive Officer, A.P.Wakf Board under Section 54(1) of the Wakf Act calling upon the petitioner to submit his explanation and produce the documents as to why the order requiring him to remove the encroachment should not be made. Under Section 54 of the Wakf Act, (for short ‘the Act’) a notice was issued under Section 54(1) of the Act calling upon the encroacher to show cause as to why he should not be removed from the encroachment and after considering the objections received from the petitioner within the period specified in the said notice, an order has to be passed under Section 54(3) of the Act and against the said final order, if the said encroacher or the petitioner aggrieves by it, they have a right to institute a suit in the Wakf Tribunal under Section 54(4) of the Act. As the Writ Petition is filed against the show cause notice only, I am of the opinion that the Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed keeping it open for the petitioner to seek appropriate remedies available to him under Section 54 of the Act. There shall be no order as to costs. _________________ V. ESWARAIAH, J Dated:08-04-2005 ccm To 1 The Chief Executive Officer, Andhra Pradesh State Wakf Board Haj House, Nampally,Hyderabad 2 The I.A. Wakf Attili, West Godavari District 3 The District Revenue Officer, West Godavari district 4 Two CCs to the G.P. for Revenue, High Court Buildings, A.P.Hyderabad(OUT) 5 Two CD copies.