IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 41 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated in NO : OF on the file of the High Court.) Between: 1) P.Narsa Reddy, S/o Goppanna, R/o Kirgul (B) Village, Mudhole Mandal, Adilabad District. 2) P.Sudhakar Reddy, S/o P.Narsa Reddy, R/o Kirgul (B) Village, Mudhole Mandal, Adilabad District. 3) Narsa Reddy, S/o Raja Reddy, R/o Kirgul (B) Village, Mudhole Mandal, Adilabad District. ..... APPELLANTS AND 1 The Andhra Pradesh State Wakf Board, Rep By Its Cheif Executive Officer, Razak Manzil, Opp. Public Guardens, Hyderabad. 2 The Inspector Auditior, Wakfs, Adilabad, Adilabad District. 3 The Mandal Revenue Officer, Mudhole Mandal, Adilabad District. .....RESPONDENTS Counsel for the Appellant: MR.V.RAVINDER RAO Counsel for the Respondents: MR.A.M.QURESHI (SC FOR AP WAKF BOARD) The Division Bench of this Court made the following : Judgment follows 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 41 of 2002 J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari) The writ appeal is filed against order dated 19-9-2001 passed in WP.No. 12006 of 2007 by the learned single Judge, whereby the learned single dismissed the main writ petition on merits holding that the appellants have illegally enjoyed the property, which is under the control of AP State Wakf Board. 2. The main writ petition was filed to declare the action of the third respondent in preparing the panchanama dated 15-5-1997 in File No. 249/97 and the memo of the first respondent in Lr.No.11/Misc/T.ADM/92, dated 21-5-1997 as illegal and violative of provisions of AP (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and to set aside the same. 3. Facts, in brief, are that the lands in Sy.Nos. 139 and 140 admeasuring Ac:33-16 guntas and Ac:31-17 guntas respectively situated in Kirgul, Mudhole Mandal, Adilabad district belong to a Dargah in Kirgul village and they are wakf lands. It is stated that they are in possession of the same and even during the lifetime of their father as a tenant paid necessary lease amount to the Inamdars and their possession is recorded in the Revenue records since number of years. Further it is stated that their possession and payment of revenue, pahanies for the years ranging from 1993-94 to 1996-97 and the land revenue receipts from 1991 till date were filed. Further it is their contention that their possession over the wakf land as tenants is governed by the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and their possession can be evicted or dispossessed only in accordance with the provisions of Section 32 of the Tenancy Act on termination of tenancy, if any of the conditions enumerated in section 19 of the Act are satisfied. While things stood thus, the third respondent directed the Mandal Revenue Inspector, Mudhole Mandal to take possession of the said lands. Pursuant to the said direction, the Mandal Revenue Inspector conducted a panchanama on 15-5-1997 for taking possession of the land without any notice to them and under the said panchanama, the actual possession was never taken from them. In the panchanama, it is stated that as if the possession of the lands was handed over to the second respondent and basing on the alleged dispossession, the first respondent issued the impugned letter directing the second respondent to conduct auction of the land in question for one year 1997-98 before the beginning of the monsoon. Aggrieved by the same, the above writ petition was filed. 3. The main contention of the learned counsel for the appellants is that the disputed property belongs to the A.P. State Wakf Board and the appellants herein are its tenants and without following due process of law, they have been evicted. The learned counsel for the appellants have pointed out that section 54 of the Wakf Act contemplates issuance of prior notice and the status of the tenant is superior to that of an encroacher but the reference made by the learned single Judge to Section 54 of the Wakf Act is irrelevant. While referring to the various judgments of the Supreme court in respect of discretionary jurisdiction of this court, the learned single Judge failed to appreciate the claim of the appellants that they have got a legal right of being in possession of the land as tenants and that they cannot be evicted without recourse to due process of law. Further the third respondent has sworn to a false affidavit that the notice dated 30-8-1995 was served on the appellants for resumption of the land. Infact, the said notice relate to an enquiry pursuant to an application filed by the appellants for grant of occupancy certificate under the provisions of A.P. (Telangana Area) Abolition of Inams Act, as it stood prior to amendment in the year 1994. Moreover, subsequent to the amendment of the said Act, the claim for the occupancy certificate over a wakf land has become infructuous and the claim was not maintainable. The learned counsel for the appellants further argued that a notice during the course of enquiry for an occupancy certificate cannot be construed as a notice for eviction of a tenant. 4. Having heard the learned counsel for the appellants and Sri Maqsood Khan, the learned standing counsel for the first respondent, admittedly the fact remains that the property belongs to the AP State Wakf and if the appellants are aggrieved either by their dispossession or claiming tenancy rights over the property, they have to approach the A.P. State Wakf Tribunal to redress their grievance and seek appropriate relief. 5. Under the above circumstances, we dispose of the writ appeal with a direction to the appellants to approach the A.P. State Wakf Tribunal and seek appropriate relief. 6. With the above direction, the writ appeal is disposed of. However, in the circumstances, no order as to costs. ______________________ JUSTICE T.MEENA KUMARI ____________________ JUSTICE SANJAY KUMAR 04-6-2009. I s L