Petitioner sought writ intervention for non-action regarding illegal encroachments on religious land. Court directed respondents to expediently consider prior representation and take steps for protection of the Grave Yard.
Directions to respondents to consider representation dated 11.02.2008 and take steps for protection of the Grave Yard.
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)
TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7858 of 2008
Between:
M.A. Hameed Khan S/o. M.A. Aziz Khan
Limra Youth Association, H. No.6-5-27/1, Netaji chowk, Adilabad, Adilabad District.
..... PETITIONER
AND
1 The Chief Executive Officer, A.P. State Wakf Board, Haj House Building, Nampally, Hyderabad.
2 The District Wakf Board Officer / District Revenue Officer, Collectorate, Adilabad, Adilabad District.
3 The Inspector & Auditor, Wakf Board, Collectorate Building, Adilabad.
.....RESPONDENT(S)
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 to issue a writ, order or direction, more particularly a writ of mandamus declaring the action of the respondents in not taking any action against the illegal encroachments made in the land belongs to the Grave Yard of Imam (Sunni), Tirpally locality, Adilabad Town, Adilabad District as per law inspite of repated representations submitted to the respondents as illegal, arbitrary, unjust, violation of principles of natural justice, null and void and contrary to the law and consequently direct the respondents to take necessary action as per law against the illegal encroachments made in the land belongs to the Grave Yard of Imam (Sunni), Tirpally locality, Adilabad Town, Adilabad District and pass
Counsel for the Petitioner:MR.S.SURENDER REDDY
Counsel for the Respondent No.: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD)
The Court made the following :
THE HON'BLE SRI JUSTICE N.V. RAMANA
Writ Petition No. 7858 of 2008
Order:
The main grievance of the petitioner in this writ petition is that though he made a representation dated 11.02.2008 to the respondents requesting them to take necessary action against the illegal encroachments made in the Grave Yard of Imam (Sunni), situated at Tirpally locality, Adilabad Town and District, and protect the same, no action thereon had been taken by the respondents so far. Hence, he filed the present writ petition.
Heard the learned counsel for the petitioner, the learned Standing Counsel for respondent Nos.1 and 3-Wakf Board and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.2.
The learned Standing Counsel appearing on behalf of respondent Nos.1 and 3- Wakf Board submitted that they will take appropriate steps to protect the Grave Yard in question.
Having regard to the above stand taken by respondent Nos.1 and 3-Wakf Board, I deem it appropriate to dispose of the writ petition with the following directions:
The respondents shall consider and dispose of the representation dated 11.02.2008 of the petitioner and pass appropriate orders thereon in accordance with law, expeditiously and take appropriate steps for protection of the Grave Yard in question.
Accordingly, the writ petition is disposed of. No costs.
N.V. RAMANA, J.
Date: 15.04.2008
Ksr/Nsr
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1.2CCs to
Form-NIC-OGS/WP{MSN}
2.2CD copies
2 issues framed by the court
Whether the respondents were directed to consider and dispose of the petitioner's representation regarding illegal encroachments in a Grave Yard.
Whether the petitioner is entitled to directions for protection of the Grave Yard of Imam (Sunni) at Tirpally.
M.A. Hameed Khan
Limra Youth Association
Chief Executive Officer, A.P. State Wakf Board
District Wakf Board Officer
Inspector & Auditor, Wakf Board
N.V. RAMANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
