THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.48 of 2010 ORDER: The petitioner complains that there is inaction on the part of respondent Nos. 1 to 4 in protecting the Wakf land admeasuring 15.5 acres, situated at Asifnagar, Hyderabad. He alleges that though the property belongs to the Wakf and is notified in the Gazette, respondent No.5 has not only encroached into the land, but also cut the very old trees therein. Respondent No.5 filed a counter-affidavit stating that he has been granted Occupancy Rights Certificate under the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, and that he is the absolute owner and possessor of the said land. It is also stated that the Wakf Board itself filed O.S.No.182 of 1979 in the Court of the IV Additional Judge, City Civil Court, Hyderabad for the relief of declaration of title and recovery of possession against the predecessors in title of respondent No.5 and that the suit was dismissed. The appeal and the second appeal filed against the order in O.S.No.182 of 1979 are also said to have been dismissed. Heard Sri Syed Kareemuddin, learned counsel for the petitioner, Sri M.A.K.Mukheed, learned Standing Counsel for the Wakf Board, learned Government Pleader for Minorities Welfare and Sri K.V.Satyanarayana, learned counsel for respondent No.5. The petitioner, no doubt, made an effort to protect the property, which according to him is owned by the Wakf Board. This Court would have readily come to the rescue of the petitioner, had the right and title of the Wakf Board over the land is either evident or was adjudicated by any forum. It is not in dispute that the Wakf Board itself filed O.S.No.182 of 1979 in the Court of the IV Additional Judge, City Civil Court, Hyderabad for the relief of declaration of title and recovery of possession against one Balani and Mohd.Kaleemullah Khan said to be the grand father of respondent No.5. The suit was dismissed on 30.01.1990. A.S.No.99 of 1991 filed in the Court of the Chief Judge, City Civil Court, Hyderabad was also dismissed on 29.12.1998. These two judgments, in turn, were affirmed by this Court in S.A.No.567 of 1999, through judgment, dated 4.02.2000. When this is the state of affairs, the petitioner cannot still insist that the property vests in the Wakf Board. Hence, the writ petition is dismissed. If the petitioner still feels that either himself or any other individual have any independent right, they can certainly approach a proper forum for restoration of their respective rights in accordance with law. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J Dt:10.02.2010 kdl