IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 23045 of 2000 Between: Smt.Afzal Sultana W/o.Sri Rasheed Khan, R/o.All Muzawar Hazrat, Phool Shah Hussain Ashurkhana, Hyderkhanguda, Nalgonda. ..... PETITIONER AND 1 The District Collector, Nalgonda District Nalgonda. 2 The Revenue Divisional Officer, Nalgonda District, Nalgonda. 3 The Mandal Revenue Officer, Nalgonda District, Nalgonda. .....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 to issue an appropraite Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the respondents No.2 in not conduct in an enquiry in respect of the deleting the lands in Sy.Nos.211, 446, 448, 451 situated at Gollagudem (V), Nalgonda (M & Dist.) as Inam klands belonging to Hazarat Phool Shah Hussaini, Hyderguda, Nalgonda present to the representation dt.17.1.2000 and 7-2-2000 and letter addressed by the A.P. State Wakf Board dt.13.2.96 to the 2nd Respondent as arbitrary illegal and violative of ARt.14 of Constitution of India and violative of Principles of natural Justice, further may be pleased to direct the 2nd Respondent to conduct an enquiry in respect of deleting the lands in S.Nos.211, 446, 448, 451 situated at Gollagudem(v), Nalgonda(M & Dist.) as Inam lands belonging to Hazarath Phool Shah Hussaini, Hyderkhanguda, Nalgonda without any native and restore the same to the said institution and pass Counsel for the Petitioner:MR.J.ASHVINI KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.23045 OF 2000 ORAL ORDER: The present writ petition is ﬁled challenging the inaction of the Revenue Divisional Oﬃcer, Nalgonda, the second respondent in the writ petition, in conducting an enquiry in respect of the lands in Survey Nos.211, 446, 448 and 451 situated at Gollagudem Village, Nalgonda Mandal and District, which are claimed to be Inam lands belonging to the Hazarat Phool Shah Hussaini, Hyderkhanguda, Nalgonda, of which the petitioner is the Muzawar. Heard Sri J.Ashvini Kumar, learned counsel appearing for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. A counter aﬃdavit is ﬁled by the Mandal Revenue Oﬃcer, Nalgonda, stating to the eﬀect that the lands claimed by the petitioner are not Inam lands but, as per the records, they are classiﬁed as Bancharai, i.e. Government lands. In the light of the counter ﬁled by the Mandal Revenue Oﬃcer, Nalgonda, the very entitlement of the petitioner to claim the said lands, as being the Inam lands of the Institution-Hazarat Phool Shah Hussaini, is in dispute. Such a dispute on facts cannot be resolved by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The learned counsel for the petitioner fairly conceded this aspect and sought the leave of this Court to approach the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and seek determination of the dispute under Section 7 of the said Act. Accordingly, the writ petition is dismissed reserving liberty to the petitioner to approach the Wakf Tribunal and invoke appropriate remedies available under law. There shall be no order as to costs. ____________________ P.V.SANJAY KUMAR, J. 8th September, 2008. VGSR