THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.4912 of 2009 ORDER: The petitioner is in occupation and enjoyment of 3 cents of land in Sy.No.438/1 of Kondapalli Village, Ibrahimpatnam Mandal, Krishna District. Stating that the land in Sy.No.438/1 was notified in the A.P. Gazette, dated 28-06-1962, at Sl.No.767, by the A.P. State Wakf Board, the Chief Executive Officer of the A.P. Wakf Board, the 1st respondent, passed an order dated 20-02-2009, declaring the petitioner and others, mentioned in it, as illegal encroachers and directed their eviction. The petitioner submits that she is the absolute owner of the property, and that she was not put on notice before the impugned order was passed. Heard Sri Syed Shareef Ahmed, learned counsel for the petitioner, and learned Standing Counsel for the A.P. Wakf Board. The impugned order is passed, in exercise of the power under Section 54 of the Wakf Act, 1995 (for short ‘the Act’). Even from a plain reading of Section 54, it is clear that, the affected parties are put on notice. The impugned order does not make any reference to the show cause notice. Therefore, the writ petition is allowed, and the impugned order is set aside. It is however, directed that the impugned order shall be treated as a show cause notice; and it shall be open to the petitioner to submit her explanation within a period of four weeks from today. On receiving such representation, the 1st respondent shall take the same into account, before any order of eviction is passed against the petitioner. There shall be no order as to costs. ________________________ Dt.13-03-2009. L. NARASIMHA REDDY, J. KO