IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15936 of 2007 Between: Syed Ghulam Afzal, S/o. Late Mir Ahmed Ali, R/o. H.No. 12-1-556/3, Syed Ali Guda, Hyderabad. ..... PETITIONER AND 1 The A.P. Wakf Board , Through its The Chief Executive Officer, A.P. Wakf Board, Having Office at Nampally Road, Hyderabad. 2 The Revenue Divisional Officer, Hyderabad, Having Office at District Collector Office Building, Nampally, Hyderabad. 3 The Mandal Revenue Officer, Asif Nagar Mandal, Hyderabad District. .....RESPONDENTS 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 pass an order, direction or a Writ particularly in the nature of Writ of Mandamus declaring that the impugned Proceedings of the respondent No.2 vide Proceedings No. No. B/6356/2003, dated 9-7-07, in violation of principles of natural justice, highly, illegal, arbitrary in as much as the same is in violation of mandatory provisions of Section 54 (3) of Wakf Act, Consequently this Hon'ble Court may be pleased to issue an interim direction staying all further proceedings such as dispossession and demolition of petitioners house bearing M.C.No. 12-1-556/3 Admn. 80 Sq. yards, situated at Syed Aliguda, Hyderabad, pursuant to the impugned proceedings No. B/6356/2003, dated 9-7-07, and pass any other order or orders as deemed fit and proper under the circumstances of the case. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15936 of 2007 ORDER: The petitioner impugns the proceedings of the second respondent dated 09.07.2007, whereby and whereunder order under Section 55 of the Wakf Act, 1995 (the Act, for brevity), has been passed against the petitioner and others for eviction from the wakf property known as Darga Haz. Syed Abdul Wahab Quadri, and encroachers were directed to vacate the said wakf land. Petitioner contends that he was not issued notice under Section 54(2) of the Act, and therefore, the impugned order cannot be enforced against him. It is brought to the notice of this Court that the impugned order of the second respondent is not yet executed. It is no doubt true that the order passed under Section 54(3) of the Act has to be enforced/executed under Section 55 of the Act by the Revenue Divisional Officer. In that view of the matter and also having regard to Section 83(2) of the Act, this Court is not inclined to go into the merits of the case. As held by this Court in M.Bikshapathi v. Government of Andhra Pradesh[1] and Allauddin Charities and Zakath Wakf v. Hameed Ali[2] when there is an effective alternative remedy to challenge the order/proceedings made under the Act or rules made thereunder, a writ petition is not a remedy. Liberty is given to the petitioner to approach the State Wakf Tribunal within a period of four weeks. To enable him to obtain appropriate orders, there shall be status quo for a period of four weeks. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 03.12.2008 Note: Issue C.C in one week. B/o. vs To 1 The Chief Executive Officer, A.P. Wakf Board, having office at Nampally Road, Hyderabad. 2 The Revenue Divisional Officer, Hyderabad, Having Office at District Collector Office Building, Nampally, Hyderabad. 3 The Mandal Revenue Officer, Asif Nagar Mandal, Hyderabad District. 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{SPJS} [1] 1999 (6) ALD 270 (DB) [2] 2002 (1) ALD 67 (DB)