sTHE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16185 of 2010 (Dated : 19-09-2011) Between: Sri Gadi Raju Ranga Raju and 14 others ...Petitioners A n d The A.P.State Wakf Board and others ...Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16185 of 2010 ORDER: This writ petition has been filed by the petitioners, who are fifteen in number, seeking a mandamus declaring the action of the 1st respondent-Chief Executive Officer, A.P.State Wakf Board in issuing Proceedings No.1/Prot/WG/08-Z.VI, dated 25-04-2008 as illegal, arbitrary and the same is in violation of principles of natural justice. 2. The petitioners claim to have purchased various extents of land in Sy.Nos.131/2 and 135 of Dondapadu village, Pedavegi Mandal, West Godavari District. The 1st respondent herein issued show-cause notices to the petitioners under Section 52(2) of the Wakf Act, 1995 (hereinafter referred to as “the Act”) calling for their explanations as to why they shall not be directed to deliver possession of the wakf land to the Inspector-Auditor, Wakf, West Godavari District, Eluru. 3. The petitioners filed memo before the 1st respondent on 06-5- 2006 seeking extension of time to submit explanations. The petitioners submitted explanation on 8-6-2006. The 1st respondent proceeded to issue order dated 25-4-2008 directing the petitioners herein to vacate and deliver possession of the lands in their occupation to the Wakf Board under Section 52 of the Act. Hence this writ petition seeking the prayer stated supra. 4. When the writ petition came up for admission, Shri Shafi Ahmed, learned Standing Counsel takes notice on behalf of respondents 1 and 3. 5. Heard learned counsel appearing for the parties. 6. The principal grievance of the petitioners is that the 1st respondent passed the order impugned in the writ petition without considering their explanations. Learned counsel refers the impugned order in support of his submissions. I deem it appropriate to refer the relevant portion of the order dated 25-4-2008, which reads as hereunder:- “There is a Moula Ali Panja situated at Eluru (Town) and its attached property is situated at Dondapadu (V) of Pedavagi (M) admeasuring Acres 23.77 in R.S.No.131/2 & 135. The same has been covered under Survey Commissioner report and published in A.P.Gazette. On enquiry it was found that the so called Mujawars occupied the wakf land unauthorisedly and alienated contrary under Section 51 of the Wakf Act, 1995. Therefore notices under Section 51 of the Wakf Act, 1995 issued to the said persons for eviction within a period of (15) days in the reference 1st cited above. The encroachers not submitted their explanation and documentary evidence in support of their action. I am enclosing copies of the notices issued on (31) encroachers under Section 51 of the Wakf Act, 1995. I, therefore, request for initiating necessary action for eviction and deliver possession of the wakf land to the Wakf Board under Section 52 of the Wakf Act, 1995”. 7. The impugned order does not indicate of the explanations furnished by the petitioners being considered. The petitioners placed on record copy of the explanation submitted by them, which finds place at page No.68 of the material papers. It contains the seal of the 1st respondent in token of receiving the same. 8. Learned counsel appearing for the 1st respondent does not dispute of the receiving the explanation dated 8-6-2006. Such is the situation; the order impugned in the writ petition cannot be sustained and the same is liable to be set aside. 9. Accordingly, the Writ Petition is disposed of directing the 1st respondent-Chief Executive Officer, A.P.State Wakf Board to consider the explanation submitted by the petitioners and pass orders afresh in accordance with law. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.19-09-2011 *RAR