THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4156 of 2004 Dated:07.07.2010 Between: Smt.A.Susheela. ...Petitioner And The Chief Executive Officer, A.P.State Wakf Board, Opp.Public Garden Haj House, Nampally, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4156 of 2004 ORDER: The petitioner is a resident of Ranjole Village, Zaheerabad Mandal in Medak District. She alleges that she purchased land admeasuring Ac.1.28 guntas in survey No.280 of Zaheerabad Mandal in Medak District (hereafter referred to as, subject land) in 1966, and her name is recorded in the revenue records as pattadar and possessor. It is alleged that claiming the subject land as service Inam land pertaining to Ashurkhana of Alam, M/s.Asman Ali Khan and 23 others filed a suit, being O.S.No.92 of 1982 on the file of the Court of the District Munsif, Zaheerabad, for recovery of possession and future mesne profits. The main contention therein was that the petitioner herein was put in possession of the subject land for satisfaction of loan amount obtained by the plaintiffs therein, and that even after recovery of the said amount, the petitioner did not deliver the possession. The said suit was dismissed on 09.03.1988, and the appeal filed against it, being A.S.No.11 of 1988, was dismissed on 12.10.1990 by the learned District Judge, Medak at Sanga Reddy. Second Appeal, being S.A.No.164 of 1992, was also dismissed by this Court on 06.12.1993. The petitioner was issued patta by the Revenue Divisional Officer, Sanga Reddy, by order dated 15.09.1994, aggrieved by which one Sri Syed Ibrahim Shah preferred appeal which was dismissed on 20.03.2001. He then filed C.R.P.No.1529 of 2001 before this Court, which was also dismissed by order dated 17.03.2003. Sri Syed Ibrahim Shah filed O.S.No.67 of 2001 before the Wakf Tribunal, Hyderabad, for perpetual injunction against the petitioner and the same was dismissed for default on 22.08.2002. It is the case of the petitioner that at the instance of Sri Syed Ibrahim Shah, the first respondent issued the impugned proceedings bearing No.28/M1/MDK/Prot/2003, dated 18.12.2003, directing the petitioner to remove the encroachment and deliver possession of the land to I.A.Wakfs, Medak District. Aggrieved by the same, the present writ petition is filed. The main contention of the petitioner is that when once the title of the petitioner is upheld by competent civil Court and the judgment has attained finality, the impugned order is illegal and without jurisdiction. Counter affidavit is filed by the first respondent. It is contended that the subject institution Ashurkhana graveyard at Ranjole Village is notified in Andhra Pradesh Gazette No.1-A, dated 04.01.2001 with specific objects of erection of Alams and burial and the subject institution has attached property in several survey numbers to an extent of Acs.9.28 guntas and the subject land is the part and parcel of the attached property. The contention of the petitioner that she is the owner of the subject land is denied. It is contended by the Counsel for the petitioner that the earlier suits filed by the rival parties proved negative, and that the judgment of the civil Court operates as res judicata. This Court is not inclined to accept the submission at this stage. The eviction order passed by the Chief Executive Officer of Wakf Board is under challenge. Under Section 54(4) of the Wakf Act, 1995, a person aggrieved by the order passed under Section 54(3) of the Wakf Act can move the Wakf Tribunal by way of a suit and seek declaration. Any title dispute involving disputed questions of fact cannot be resolved in these proceedings. When there is an effective alternative remedy, a writ petition would not lie. It is well settled that the dispute regarding the wakf property has to be adjudicated before the Wakf Tribunal and a person cannot directly approach this Court under Article 226 of the Constitution of India (see M.Bikshapathi v Government of Andhra Pradesh[1], Allauddin Charities and Zakath Wakf v Hameed Ali[2], Syed Muneer v Chief Executive Officer, A.P.State Wakf Board[3], and Salam Khan v Tamil Nadu Wakf Board, Chennai[4]). Therefore, giving liberty to the petitioner to file a suit before the State Wakf Tribunal within a period of four weeks from the date of receipt of a copy of this order, the writ petition is dismissed. There shall be status quo for a period of eight weeks to enable the petitioner to obtain appropriate orders from the State Wakf Tribunal. _______________ (V.V.S.RAO, J) 07.07.2010 Note: Issue C.C in one week. B/o. vs [1] 1999 (6) ALD 270 (DB) [2] 2002 (1) ALD 67 (DB) [3] 2001 (4) ALD 430 = 2001 (2) LS 321 [4] AIR 2005 Madras 241