IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 26641 of 2008 Between: 1 Mr. Syed Mannan S/o. Late Syed Sultan 2 Mrs. Bushra Tabassum W/o. Syed Mannan ..... Petitioners AND 1 The Revenue Divisional Officer, Secunderabad. 2 A.P. Wakf Board, Rep. by its Chief Executive Officer, Hyderabad. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction, one more particularly in the nature of a "Writ of Mandamus" declaring the action of the 1st respondent in interfering with the petitioners' fundamental and constitutional rights in respect of the petitioners' property bearing Municipal No. 5-4-201 situated at MG. Road, Secunderabad by referring orders passed under Wakf Act, 1995 in relation to Gazetted Wakf Property in H.No. 5-4-202 as being illegal, arbitrary, unconstitutional and contrary to the Wakf Act, 1995 and in breach of principles of natural justice and set aside the said action and consequently direct the respondents herein not to interfere with the petitioners' rights over the said property in any manner. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of Sri S.Niranjan Reddy, Advocate for the Petitioner, the G.P. for Revenue, for the Respondent No.1, and of Sri Najeeb Ali Khan, Advocate for the Respondent No.2, the Court made the following ORDER: “Post this matter on 08-12-2008 as “Specially Mentioned case.” In the meanwhile, learned Assistant Government Pleader to get instructions from the first respondent. Be it made clear that unless and until order is passed under Section 55 of the Wakf Act, 1995, first respondent cannot proceed under the said provision against the petitioners for alleged possession of the properties.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Revenue Divisional Officer, Secunderabad. 2 The Chief Executive Officer, A.P. Wakf Board, Hyderabad. (Addressees 1 & 2 BY RPAD) 3. Two CCs to G.P. for Revenue, High Court of A.P., Hyderabad (OUT). 4. One Spare Copy 5. One CC to Sri S.Niranjan Reddy, Advocate (OPUC) HIGH COURT AB DRAFTED ON 5-12-2008 VVSRJ DATE: 05-12-2008 NOTE: POST ON 08-12-2008 ORDER WP. NO. 36641 OF 2008 DIRECTION