IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 16497 of 2007 Between: Syed Muktar Ali Syed Khurshid Ali R/o 6-3-929, & 929/A, Raj Bhavan Road Somajiguda, Hyderabad. ..... PETITIONER AND 1 Government of AP., rep by its Pr. Secretary, Minorities, Welfare (Wafk- II) Department Secretariat Hyderabad. 2 A.P.State Wakf Board rep by its Chief Executive; Office: Haj House Opp Public Gardens, Nampally Hyderabad. 3 Sri Maheshwar @ Mahesh Yadav S/o Ramaswamy at 6-3-929&929/A, Rajbhavan Road, Somajiguda, Hyderabad. .....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 issue appropriate writ,order or direction,. particularly a Writ of Mandamus, declaring Memo bearing No. 3153/@-Ii/A2/2007 dt 24-07- 2007 issed by the respondnet No.as illegal, arbitrary violative of principles of natural justice and unconstitutional and issue a Consequential order setting a side the same and pass such further or other orders as this Hon'ble Court deems just and proper. Counsel for the Petitioner: MR.J.PRABHAKAR Counsel for the Respondents : MR.ABDUL NAJEEB KHAN (Standing counsel for Wakf Board) The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16497 of 2007 ORDER: The petitioner impugns Memo, dated 24.07.2007 issued by first respondent whereby and whereunder the Chief Executive Officer of Andhra Pradesh Wakf Board was directed to develop the land belonging to Ashurkhana Mir Khurban Ali, at M.C.H.No.6-3-929, Somajiguda, Hyderabad, by taking loan from Central Wakf Council of India. By the said memo, third respondent was also permitted to occupy an area of 920 square feet on a monthly rent of Rs.16,000/-, payable from the date of occupation till 30.09.2007, by which time a commercial complex may be grounded. Petitioner statedly is owner of property bearing M.C.H. No.6-3-929 and 929/A admeasuring 450 square yards, situated at Somajiguda, Hyderabad, which he got under Hiba (gift deed) from his paternal aunt, namely, Smt Shamshoomubee. Second respondent initiated action under Section 54(1) of the Wakf Act, 1995, alleging that petitioner encroached upon Wakf property. An order was passed under Section 54(3) on 09.04.2007 ordering eviction of petitioner. The petitioner challenged the same by filing a suit being O.S.No.36 of 2007 on the file of Andhra Pradesh Wakf Tribunal, Hyderabad and obtained orders of status quo on 10.05.2007 in I.A.No.256 of 2007. The order is still in force. Pending the same, it appears third respondent approached second respondent seeking sanction for developing a multi-storied commercial complex in the property allegedly belonging to State Wakf. After considering the same, the impugned memo is issued. This Court heard learned counsel for petitioner, learned Government Pleader for first respondent and learned standing counsel for Wakf Board. As rightly submitted by learned counsel for petitioner, when the matter is sub judice before State Wakf Tribunal and when there is an order of status quo, the impugned memo issued by Government is without any application of mind. Secondly, when there is a dispute as to the ownership of premises bearing M.C.H.No.6-3-929, unless and until the State Wakf Tribunal decides the question, permitting Wakf Board to raise a commercial construction is certainly improper. Learned Government Pleader fairly submits that impugned memo was issued as the Government had no information from the Chief Executive Officer about petitioner filing O.S.No.36 of 2007 and obtaining orders of status quo. In the result, the impugned memo is set aside without expressing any opinion on the merits of the case, and writ petition is accordingly allowed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 04.12.2008 pln