IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3887 of 2008 Between: 1 Derangula Bhulakshmi W/o.Yesurathnam Resident of Ibrahimpatnam Village & Mandal, Krishna District. 2 Eerla Mutyalamma W/o.Kondaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 3 Pottunuri Ramanamma W/o.Ramanaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 4 Orsu Suguna Rao S/o.Nagaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 5 Thirumalakonda Gopalam S/o.Ramaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 6 Thirumalakonda Ramulamma W/o.Gopalam Resident of Ibrahimpatnam Village & Mandal, Krishna District. 7 Thammisetty Yedukondalu S/o.Suguna Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 8 Manchu Lakshmamma W/o.Kondaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 9 Thammisetty Venkamma W/o.Suguna Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 10 Bathula Subadrah W/o.Venkateswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 11 Kuncham Biksham S/o.Ramaswamy Resident of Ibrahimpatnam Village & Mandal, Krishna District. 12 Erugula Rama Rao S/o.Prakash Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 13 Sanangula Vykuntam S/o.Ramanamma Resident of Ibrahimpatnam Village & Mandal, Krishna District. 14 Bandaru Venkatarao S/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 15 Erla Mangamma W/o.Venu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 16 Bontha Guravamma W/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 17 Bontha Venkat Rao S/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 18 Vallepu Bujji S/o.Thirupathaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 19 Chevuri Showri S/o.Ramulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 20 B.Raja Satush Kumar S/o.Rayappa Resident of Ibrahimpatnam Village & Mandal, Krishna District. 21 Orsu Govinda Resident of Ibrahimpatnam Village & Mandal, Krishna District. 22 B.Manikyala Rao S/o.Mariyanna Resident of Ibrahimpatnam Village & Mandal, Krishna District. 23 R.Rama Lakshmi Resident of Ibrahimpatnam Village & Mandal, Krishna District. 24 Upputhala Balaiah S/o.Nagaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 25 Upputhala Durga W/o.Balaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 26 Orsu Srinivasa Rao S/o.Adeyya Resident of Ibrahimpatnam Village & Mandal, Krishna District. 27 Upputhala Adeyya S/o.Kanakamma Resident of Ibrahimpatnam Village & Mandal, Krishna District. 28 Mallela Raghavalu S/o.Venkaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 29 Vallepu Venkayamma W/o.Adeyya Resident of Ibrahimpatnam Village & Mandal, Krishna District. 30 Vemula Thirupataiah S/o.Kotaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 31 U.Gopala Rao S/o.Narasimha Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 32 Thammisetti Siddayya S/o.Anjaneyulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 33 Thirupathi Koteswari W/o.T.Bujji Resident of Ibrahimpatnam Village & Mandal, Krishna District. 34 Thirupathi Venkateswarlu S/o.Atchaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 35 Orsu Siva Koteswara Rao S/o.China Venkateswar Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 36 Bathula Ravindra S/o.Bathula Lavakusa Resident of Ibrahimpatnam Village & Mandal, Krishna District. 37 Bathula Lavakusa S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 38 Bathula Ramana W/o.B.Lavakusa Resident of Ibrahimpatnam Village & Mandal, Krishna District. 39 Thuraka China Venkateswarlu S/o.Musalaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 40 Thuraka Rajamma S/o.Thuraka Venkaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 41 Chevuri Kotamma W/o.Raju Resident of Ibrahimpatnam Village & Mandal, Krishna District. 42 Uyyala Ramana W/o.Anjaneyulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 43 Bathula Jamalaiah S/o.Dasaraiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 44 Bathula Jamalamma W/o.Jamalaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 45 Orsu Srinivasa Rao S/o.Venkaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 46 Derangula Venkatradri S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 47 Bathula Nagendra S/o.Nageswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 48 Earla China Venkateswarlu S/o.Kondaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 49 Earla Ramulamma W/o.Narasimhulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 50 Earla Ramana W/o.China Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 51 Earla Anjali S/o.Kondaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 52 Vuyyala Babu S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 53 Macherla Ramanjamma W/o.Appa Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 54 Vallepu Mallikharjuna Rao S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 55 Derangula Ademma W/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 56 Derangula Shivaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 57 Vuyyala Koteswara Rao S/o.Mohana Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 58 Bandaru Venkamma W/o.Gopaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 59 Vuyyala Shiva Shankar S/o.Mohana Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 60 Orsu Hymavathi W/o.Orsu Suguna Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 61 Thammisetty Venkata Narasimha Rao S/o.Guravaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 62 Orsu Venkata Rathnam W/o.Orsu Vinayak Resident of Ibrahimpatnam Village & Mandal, Krishna District. 63 Orsu Raju S/o.Orsu Vinayak Resident of Ibrahimpatnam Village & Mandal, Krishna District. 64 Bhnavath Kotamma W/o.Nageswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 65 Vallepu Mutta Rao S/o.Bhusanam Resident of Ibrahimpatnam Village & Mandal, Krishna District. 66 Upputhal Nagaraju S/o.Yesupadam Resident of Ibrahimpatnam Village & Mandal, Krishna District. 67 Challa Balaswamy S/o.Kotaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 68 Challa Ramulu S/o.Balaswamy Resident of Ibrahimpatnam Village & Mandal, Krishna District. 69 Bathula Kotaiah S/o.Pitchaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 70 Upputhala Sreenu S/o.Narasimha Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 71 Thanneru Sreenu S/o.Anjaneyulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 72 Koduru Ranga Rao S/o.Venkaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 73 Koduru Narasimha Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 74 Orsu Sambasiva Rao S/o.Nagaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 75 Orsu Manikyam W/o.Sambasiva Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 76 Kuncham Tirupathi Rao S/o.Pitchaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 77 Challa Kotaiah S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 78 Chatrasupalli Dhanalakshmi W/o.Pamula Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 79 Kandivalasa Thavudamma W/o.Shankar Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 80 Orsu Rambabu S/o.Veeraiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 81 Kuncham Sambasiva Rao S/o.Nagaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 82 Thamisetty Sangamma W/o.Narasimha Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 83 Kunchala Ankamma Rao S/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 84 Vemula Nageswara Rao S/o.Guru Swamy Resident of Ibrahimpatnam Village & Mandal, Krishna District. 85 Thanneeru Anjaneyulu S/o.Veeraiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 86 Kuncham Sreenu S/o.Ankaiah Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 87 Thanneru China Mallikharjuna Rao S/o. Resident of Ibrahimpatnam Village & Mandal, Krishna District. 88 Challa Chinaammai W/o.Pulla Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 89 Kuncham Venkateswara Rao S/o.Chandraiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 90 Vemula Kondamma W/o.Veera Reddy Resident of Ibrahimpatnam Village & Mandal, Krishna District. 91 Bojja Seetha W/o.Venkateswarlu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 92 Derangula Kanchaiah S/o.Thirupathaih Resident of Ibrahimpatnam Village & Mandal, Krishna District. 93 Thaneeru Rama Krishna S/o.Asthavelu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 94 Chadala Narasimha Rao S/o.Lakshmaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 95 Upputhala Lakshmi Devi W/o. Resident of Ibrahimpatnam Village & Mandal, Krishna District. 96 Gandikota Sreenivasa Rao S/o.Rama Koti Resident of Ibrahimpatnam Village & Mandal, Krishna District. 97 Shaik Nazeema W/o.Salam Resident of Ibrahimpatnam Village & Mandal, Krishna District. 98 Derangula Pulla Rao S/o.Kanchaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 99 Thanni Pedda Mallikharjuna Rao S/o.Anjaneyulu Resident of Ibrahimpatnam Village & Mandal, Krishna District. 100 Shaik Jeelani S/o.Abdul Hameed Resident of Ibrahimpatnam Village & Mandal, Krishna District. 101 Thirupathai Murthy S/o.Venkateswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 102 Thirupathai Venkaiah S/o. Resident of Ibrahimpatnam Village & Mandal, Krishna District. 103 Pallapu Murthy S/o.Lakshamiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 104 Kuncham Sambaiah S/o.Chandraiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 105 Bymuthaka Nagaiah S/o.Venkataiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 106 Ontipuli Abbanna S/o.Thirupataiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. 107 Dasari Syamaladevi W/o.Ratnasingh Resident of Ibrahimpatnam Village & Mandal, Krishna District. 108 T.Sashi Resident of Ibrahimpatnam Village & Mandal, Krishna District. 109 Muddangula Murali S/o.Durga Resident of Ibrahimpatnam Village & Mandal, Krishna District. 110 Chintalapudi Venkateswara Rao S/o.Venkatswamy Resident of Ibrahimpatnam Village & Mandal, Krishna District. 111 Bymuthaka Ramana W/o.Venkateswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 112 Ontipuli Guravaiah S/o.Venkateswara Rao Resident of Ibrahimpatnam Village & Mandal, Krishna District. 113 Thanneru Ramachandra Rao S/o. Resident of Ibrahimpatnam Village & Mandal, Krishna District. 114 Shaik Bude S/o.Raheeman Resident of Ibrahimpatnam Village & Mandal, Krishna District. 115 Eerla Nageswara Rao S/o.Hanumaiah Resident of Ibrahimpatnam Village & Mandal, Krishna District. ..... PETITIONER(S) AND 1 The State rep. by the District Collector, Krishna District at Machilipatnam. 2 The Ibrahimpatnam Grampanchayat, Ibrahimpatnam, Krishna District, Rep. by its Executive Officer. 3 The Andhra Pradesh State Wakf Board, Hyderabad, rep. by the Chief Executive Officer. 4 The Inspector Auditor Wakf, District Minorities Welfare Office, Krishna District at Vijayawada. .....RESPONDENT(S) Counsel for the Petitioners: MR.V.R.AVULA The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3887 of 2008 ORDER: This writ petition is filed questioning show cause notice dated 01.02.2008 issued by the Inspector Auditor Wakf, Krishna District, Vijayawada. Heard Sri V.R. Avula, learned counsel for the petitioners. A reading of the impugned show cause notice shows that respondent No.4 informed the petitioners that the lands to an extent of Ac.2.40 cents comprised in Sy.No.244/2 of Ibrahimpatnam Village and Mandal is under their encroachment and they were called upon to show cause why action under the provisions of the A.P. Wakf Act, 1995 (for short, ‘the Act’) shall not be taken against them in case of their failure to vacate the premises voluntarily on or before 28.02.2008. It was further stated that if the petitioners failed to vacate the premises before the abovementioned date, action under Section 54(1) of the Act will be taken against them by the Chief Executive Officer of respondent No.3 Wakf Board. Having heard the learned counsel for the petitioners and carefully considered the case, I am of the considered view that this writ petition is wholly premature. As noted above, in the impugned show cause notice respondent No.4 merely called upon the petitioners to show cause why proceedings under the Act shall not be initiated. Learned counsel for the petitioners stated that respondent No.4 has no jurisdiction to issue such a notice. If that be so, the petitioners are free not to respond to the notice and avail their remedies if and when any order is passed against them by the competent authority, namely, the Chief Executive Officer of the Wakf Board as proposed in the impugned show cause notice. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.5081 of 2008 filed by the petitioners for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 26.02.2008 ES To 1.2CCs 2.2CD copies