IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE TWENTY FIRST DAY OF OCTOBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.21126 of 2002 Between: Md.Mansoor. … Petitioner And The State of Andhra Pradesh, Revenue Department, Secretariat, Saifabad, Hyderabad and five others. … Respondents Counsel for the petitioners: Ms. Padma Sharanappa for Sri B.Nailini Kumar. Counsel for the respondents: GP for Revenue for R.1 to R.4. None for R.5 & R.6. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in proposing to construct Government oﬃces in Survey No.288 to the extent of Ac.0.36 guntas in Shivampet village and Mandal, which is a Wakf land, as illegal and arbitrary. Heard Ms. Padma Sharanappa, learned counsel for the petitioner, and the learned Government Pleader for Revenue for respondents 1 to 4. The petitioner, who claims to be a businessman and devout Muslim, pleaded that the above mentioned land belongs to Shivampet Mosque and was registered as a Wakf property. He further stated that one Surender Reddy of Shivampet village donated an extent of Ac.1.04 guntas, situated in the same village, for construction of buildings to house the oﬃces of MPDO and MRO, but without utilizing the said land, the respondents are proposing to construct the buildings on the above-mentioned Wakf land. He also submitted that he made a representation on 22-10-2002 to respondent No.5-Wakf Board, but no action was taken by it thereon. In the counter-affidavit filed by the Mandal Revenue Oﬃcer, Shivampet, respondent No.4 herein, it is stated that an extent of Ac.0.36 guntas in Survey No.288 of Shivampet village stood in the name of Smt.Pushpamma in the revenue records, which also shown that she purchased the said property from Gul Mohammed and Mohammed Usman of Shivampet village, vide registered document No.17/82 dated 7-1-1982; and that the said Pushpamma gifted the said property, vide gift deed No.1632/98, dated 12-8-1998. It is further stated that the extent of Ac.1.04 guntas gifted by Sri Surender Reddy is not suitable for locating the MPDO and MRO oﬃces. The respective pleadings of the parties show that there is a serious dispute regarding the title over Ac.0.36 guntas of land. Therefore, it is not possible for this Court, while exercising jurisdiction under Article 226 of the Constitution of India, to adjudicate the complex questions of fact, involving title dispute, and it is appropriate for the parties to invoke the jurisdiction of the competent civil Court for this purpose. (See: New Okhla Industrial Development Authority Vs. Kendriya Karmachari Sahkari Grih Nirman Samiti – (2006) 9 SCC 524). Under Section 6 of the Wakf Act, 1995, if any question arises whether a particular property speciﬁed as wakf pproperty in the list of wakfs is wakf property or not or whether a wakf speciﬁed in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in the Tribunal for a decision on the said question. Since the petitioner has an eﬀective remedy of approaching the Wakf Tribunal for adjudication of the issue regarding the ownership of the property, the Writ Petition is dismissed with liberty to him to avail the said remedy. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date:21-10-2008 MNR