IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No:18454 of 2008 Between: Mohd. Ashraf Khan, s/o Md. Abdul Rahim Khan, R/o. 13-4- 661/2, Panch Bhai Alawa Karwan, Hyderabad. ..... PETITIONER AND 1 AP State Wakf Board Rep by its Chief Executive Officer, Haj House, Opp : Public Garden Nampally, Hyderabad. 2 The Revenue Divisional Officer and Sub Divisional Magistrate Hyderabad, Nampally Hyderabad. 3 The Tahsildar, Bahadurpura Mandal, Bahadurpura, Hyderabad. 4 Sri Mohbood Ali, s/o. Not known, R/o. 19-2-231/C/1/A, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 5 Smt. Zulequa Bee, W/o. Not known, R/o. 19-2-231/C/1/E, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 6 Smt. Rukia Bee, W/o. Not known, R/o. 19-2-231/C/1/f, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 7 Md. Liyaqath Khan, S/o. Not known, R/o. 19-2-231/C/1/D, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 8 Mohammed Khan, S/o. Not known, R/o. 19-2-231/C/1/G, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 9 Mohd Ahmed Khan, S/o. Not known, R/o. 19-2-231/C/1/B, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 10 Sri Qamar Qureshi, S/o. Not known, R/o. 19-2-231/C/1/J, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 11 Sri Ghouse Qureshi, S/o. Not known, R/o. 19-2-231/C/1/K, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 12 Sri Jahangir Sahab, S/o. Not known, R/o. 19-2-231/C/1/L, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 13 Sri Quader Pasha Quadri, S/o. Not known, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. 14 Md. Khan, S/o. Not known, Darga Kabir Ali Shah Opp : Slaughter House, Ramnastpura Kamatipura, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate Writ, order or direction more particularly in the nature of MANDAMUS, declaring the action of the 3rd respondent U/s.54 (3) and 55 as directed by the 2nd respondent through his Proc.No. H/4447/2003, dt. 20-7-2007, under sec.55 of the Wakf Act are not only illegal, arbitrary, capricious, malaﬁde, dereliction of duty buit also contrary to the ratioof the judgment of the Hon'ble Court of India reported in 2007(7) SCC Page 482, in respect of theproperties attached to the Wakf institution namely Dargah Kabir Ali Shah, Takiya, Graveyard, Situated at Ramnastpura Kamatipura, Hyderabad, and pass Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORDER: Petitioner is a devotee of Dargah namely Dargah Hazarat Kabir Ali Shah situated at Ramnastpura, Kamatipura. It is his case that he along with other elders of the community made a representation to 1st respondent stating that respondents 4 to 14 have encroached the said Wakf property. Pursuant to the said representation, the 1st respondent is stated to have issued notices to respondents 4 to 14 as required under Section 54 of the Wakf Act, 1995 (for short – ‘the Act’) and after conducting enquiry, passed eviction orders under Section 54(3) of the Act. However, since respondents 4 to 14 failed to remove the encroachments, the 1st respondent made a requisition to the 2nd respondent, as required under Section 55 of the Act, and the 2nd respondent in turn directed the 3rd respondent to implement the orders of the 1st respondent. Since the 3rd respondent failed to implement the orders passed by the 1st respondent as directed by the 2nd respondent, he filed the present writ petition. 2. Heard the learned counsel for petitioner and the learned Government Pleader for Revenue and at their request the writ petition is taken up for disposal at the admission stage itself. 3. The learned Government Pleader submitted that the 3rd respondent-Tahsildar, Bahadurpura, already initiated proceedings and served notices to the encroachers pursuant to the orders passed by the 1st and 2nd respondents and ﬁnally sought eight weeks time to evict the encroachers therefrom. 4. Recording the above submission made by the learned Government Pleader, the writ petition is closed. No order as to costs. --------------------- N.V.RAMANA, J. 26th August 2008 CVRK ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies