Petitioner challenged withdrawal of Wakf Board and eviction proceedings via writ. Court agreed to dispose of writ by granting two-month stay on eviction. Petitioner directed to approach Wakf Tribunal subsequently.
Stay of eviction for two months, liberty to approach Wakf Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT
PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.7271 of 2008
Between:
Smt. H. Supriya, W/o. H. Srinivas, R/o. H.No. 22-1-839, Noorkhan Bazar, Hyderabad.
..... PETITIONER
AND
.....RESPONDENTS
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 of the petitioner's property as illegal, arbitrary, unilateral, unconstitutional and consequently set aside the same.
Counsel for the Petitioner: MR.A.SURYANARAYANA
Counsel for the Respondent No.1 : Sri Abdul Nazeed Khan
Counsel for the Respondent Nos.2 and 3: GP FOR REVENUE
The Court made the following :
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION No.7271 of 2008
ORDER:
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 2nd respondent-Revenue Divisional Officer, directing the vendor of the petitioner to vacate the said property, as arbitrary and illegal.
The case of the petitioner is that she purchased first 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 2nd 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.861 of 2008, before the Andhra Pradesh State Wakf Tribunal, Hyderabad. However, the Wakf Tribunal took an objection that the petitioner has not issued 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 2nd respondent, directing the vendor of the petitioner to vacate the house in question, as illegal and arbitrary.
Having regard to the facts and circumstances of the case, the learned counsel for the petitioner, learned Standing Counsel for the 1st 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:
There shall be stay of eviction of the petitioner from the first 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.
(N.V.RAMANA, J)
3rd April, 2008. sh
To
Andhra Pradesh State Wakf Board, Haj House, Opp: Public Gardens, Nampally Station Road, Hyderabad.
2 issues framed by the court
Whether the writ petition can be disposed of by granting a temporary stay on eviction pending the petitioner's approach to the Wakf Tribunal.
Whether the proceedings declaring the property as Wakf property and directing eviction are illegal or arbitrary.
2 provisions across 2 enactments
Smt. H. Supriya
Andhra Pradesh State Wakf Board
Revenue Divisional Officer and Sub-Divisional Magistrate, Hyderabad
The Tahsildar, Amberpet Mandal
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
