Disposed

Smt. H. Sridevi, v. Andhra Pradesh State Wakf Board

Telangana HC3 Apr 2008WP/7253/2008

Case brief

AI extract

What is this about?

A writ petition challenging a Gazette Notification declaring property as Wakf and eviction proceedings. The court agreed to dispose the matter by granting a two-month stay on eviction, allowing the petitioner to pursue remedies before the Wakf Tribunal.

What did the court decide?

Stay of eviction of the petitioner from the ground floor of the house for a period of two months.

Smt. H. Sridevi, Vs Andhra Pradesh State Wakf Board — Property and Title | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT

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THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.7253 of 2008

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Between:

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Smt. H. Sridevi, W/o. H. Suresh Kumar, R/o. H.No. 10-44, Kothapet, SBI Colony, Ranga Reddy District.

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..... PETITIONER

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AND

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1 Andhra Pradesh State Wakf Board, rep. by its Chief Executive Officer, Haj House, Opp: Public Gardens, Nampally Station Road, Hyderabad.

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2 The Revenue Divisional Officer and Sub-Divisional Magistrate, Hyderabad Division, O/o. Revenue Divisional Officer, Hyderabad District Collectorate Premises, Nampally Station Road, Hyderabad.

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3 The Tahsildar, Amberpet Mandal, Hyderabad District, Office at Amberpet, Hyderabad.

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.....RESPONDENTS

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declare the proceedings No. H/509/2002 dt. 20-7-2007 issued by the 2nd respondent including the A.P. Gazette Notification No. 27-A dt. 12-7-1984 to the extent to the Petitioner's property as illegal, arbitrary, unilateral, unconstitutional and consequently set aside the same.

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Counsel for the Petitioner: MR.A.SURYANARAYANA

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Counsel for the Respondent No.1: MR.ABDUL NAJEEB KHAN Counsel for the Respondent Nos.2 and 3: GP for Revenue The Court made the following :

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THE HON'BLE MR JUSTICE N.V. RAMANA

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WRIT PETITION No.7253 of 2008

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ORDER:

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This writ petition is filed seeking a Writ of Mandamus declaring the A.P. Gazette Notification No.27-A dated 12.07.1984, notifying the house bearing No. MCH No.2-3-447 situated at Bagh Amberpet, Hyderabad as Wakf property, and consequential proceedings dated 20.07.2007 issued by the 2^nd respondent-Revenue Divisional Officer, directing the vendor of the petitioner to vacate the said property, as arbitrary and illegal.

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The case of the petitioner is that she purchased ground floor of the house in question from one Mohd. Moulana Saheb under a registered sale deed dated 07.06.2000 for a valid consideration. However, the

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2^nd respondent-Revenue Divisional Officer and Sub-Divisional Magistrate, Hyderabad, issued the impugned proceedings dated 20.07.2007, stating that the property in question is Wakf property and directed eviction of the vendor of the petitioner from the house in question, treating him as an encroacher. Questioning the said proceedings, the petitioner filed a suit being O.S.(sr) No.853 of 2008, before the Andhra Pradesh State Wakf Tribunal, Hyderabad. However, the Wakf Tribunal took an objection that the petitioner has not issued

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notice to the respondents, as mandated under Section 89 of the Wakf Act. Petitioner states that as there was urgency, she approached the Tribunal, without issuing notice to the respondents as required under the said section, because she apprehended that if notice is issued to the respondents, the respondents may dispossess her before her approaching the Tribunal. Since the respondents are seeking to dispossess her from the house in question before she takes recourse to the remedy before the Tribunal, she filed the present writ petition questioning the Gazette Notification dated 12.07.1984, declaring the house in question as Wakf property, and the impugned proceedings dated 20.07.2007, issued by the 2^nd respondent, directing the vendor of the petitioner to vacate the house in question, as illegal and arbitrary.

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Having regard to the facts and circumstances of the case, the learned counsel for the petitioner, learned Standing Counsel for the 1^st respondent-Wakf Board and the learned Assistant Government Pleader for Revenue for respondents 2 and 3 agreed for disposal of the writ petition with the following directions:

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There shall be stay of eviction of the petitioner from the ground floor of the house in question for a period of two months. In the meanwhile, petitioner is at liberty to work out the remedies available to her under law by approaching the A.P. Wakf Tribunal. Accordingly, the writ petition is disposed of. No costs.

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(N.V.RAMANA, J)

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3^rd April, 2008.

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1 The Chief Executive Officer,

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Andhra Pradesh State Wakf Board, Haj House, Opp: Public Gardens, Nampally Station Road, Hyderabad.

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2 The Revenue Divisional Officer and Sub-Divisional Magistrate, Hyderabad Division, O/o. Revenue Divisional Officer, Hyderabad District Collectorate Premises, Nampally Station Road, Hyderabad.

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3 The Tahsildar, Amberpet Mandal, Hyderabad District, Office at Amberpet, Hyderabad.

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4 2CCs to

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5 2CD copies

Smt. H. Sridevi, v. Andhra Pradesh State Wakf Board

Case brief

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Smt. H. Sridevi, v. Andhra Pradesh State Wakf Board

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