THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24328 of 2011 (Dated : 29-08-2011) Between: Mohammed Abdul Subhan ….…Petitioner. A n d The District Collector, Mahaboobnagar District and others. ….…Respondents. THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24328 of 2011 ORDER: 1. This writ petition has been filed by Mohammed Abdul Subhan seeking writ of mandamus declaring the inaction of the respondents (1). The District Collector, Mahaboobnagar District, (2). The District Panchyat Officer, Mahaboobnagar District and (3). The Executive Officer, Gram Panchyat Kosgi, Mahaboobnagar District in protecting the wakf property as illegal arbitrary. 2. The petitioner claims to be a person interested in the Wakf Institution-Chilla Ghouse Pak, Ashoorkhana and Takia Achan Sahib, situated at Kosgi Village, Kodangal Taluk, Mahaboobnagar District. According to him, Acs.0-23 guntas comprising Survey No.1865 is a Wakf property. He presented representation to the respondents 1 to 3 complaining the unauthorized constructions on the Wakf property by the respondents 4 to 9. There being no action on the part of the respondents 1 to 3, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking the relief as stated supra. 3. Heard learned counsel appearing for the petitioner and perused the affidavit filed in support of the petition. 4. Learned counsel appearing for the petitioner submits that the suit property in O.S.No.108 of 2010 and the property in which the respondents 4 to 9 are making up constructions are one and the same. The petitioner made representations to the respondents 1 to 3 complaining unauthorized constructions being put up by the respondents 4 to 9 and there being no action on the said representation, the petitioner approached this Court. 5. I have gone through the affidavit filed in support of the writ petition. It is stated in Para No.4 of the affidavit that the petitioner approached the Wakf Tribunal and obtained necessary orders. For better appreciation, I may refer Para No.4 of the affidavit, which reads as hereunder:- “I submit on 10.6.2010 when I noticed that the respondent No.6 to 9 have removed existing old temporary structures situated in the wakf property and have started construction of new permanent structure, I have filed a suit for perpetual injunction against the respondent Nos.6 to 9 vide O.S.No.108/2010 on the file of the A.P. State Wakf Tribunal, Hyderabad and after considering my case, the A.P. State Wakf Tribunal has granted interim injunction vide orders in I.A.No.585/2010, dated 30.09.2010, against the Respondent Nos.6 to 9, thereby restraining them from making further construction over the wakf property. Copy of the Ad Interim Injunction order is filed herewith as Ex.P4.” 6. The petitioner has already approached the Wakf Tribunal for protecting the property. In case, the respondents 4 and 9 are proceeding with the construction on the self same property, he is at liberty to get them impleaded as parties in O.S.No.108 of 2010 and seek necessary interim reliefs. 7. With the above observation, the writ petition is dismissed at the admission stage. No costs. ______________________________ B. SESHASAYANA REDDY, J Date:29.8.2011 mrb