The High Court dismissed a Writ Appeal filed by the Wakf Board. The appellant contended that the lower court erred in directing authorities to finalize land registration without giving notice to the Wakf Board. The Court held the appellant was absent and unable to appreciate their own omission.
The Writ Appeal is dismissed with costs.
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THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.A.No.642 of 2012
ORDER: (per the Hon’ble Sri Justice N.V.Ramana)
Aggrieved by the Orders in W.P.No.33172 of 2011 dated 06.03.2012, the respondent No.6 therein has filed the Writ Appeal.
The writ petition No.33172 of 2011 has been filed seeking for issuance of Writ of Mandamus declaring the action of
the 3rd respondent therein in not executing the sale deed in favour of the writ petitioners in respect of the plots allotted under the IDSMT scheme as per the orders of the Government in G.O.Rt.No.1680, MA, dated 22.12.1993, as illegal, arbitrary and further direct the respondent No.3 therein to execute the sale deed in favour of the writ petitioners who paid total cost of the plot under the IDSMT scheme in terms of the Orders passed by the Government vide G.O.Rt.No.1680 MA, dated 22.12.1993.
After taking into consideration of the submissions made by the parties, the learned Single Judge disposed of the said writ petition by directing the respondent Nos.3 to 5 in the writ petition to consider the case of the writ petitioners and finalize the issue with regard to registration of the house sites, stated to have been allotted to them.
Learned counsel for the appellant submits that the property involved in the said writ petition belongs to the Andhra Pradesh State Wakf Board and without giving notice to them, the learned single Judge has passed the impugned Order directing the respondent Nos.3 to 5 therein to finalize the issue with regard to registration of the house sites.
We are sorry to observe that before the learned single Judge the present appellant, who is the respondent No.6 in the writ petition, has not
filed any counter-affidavit and not even advanced any arguments.
It is clear from the records and the letter No.33/Wakfs/MBNR/2009 dated 16.07.2012 addressed to the Chief Executive Officer, A.P.State Wakf Board, Hyderabad by the Collector, Mahbubnagar, that the land was acquired by the Government in the year 1982 itself and passed the award vide award No.1/86 and 10/86 and the compensation for the acquisition of the land was referred to Civil Court under Section 31 (2) and 30 of Land Acquisition Act and after that it appears that the Gazette was issued on 13.07.2006 showing that the land belongs to Wakf board i.e. after 24 years. After taking into consideration of the above aspects, the learned single Judge disposed of the writ petition by directing the respondent Nos.3 to 5 in the writ petition to consider the case of the writ petitioners and finalize the issue with regard to registration of the house sites, stated to have been allotted to them. Hence, we are unable to appreciate the contention of the learned standing counsel for the appellant and it is unfortunate to note that he has not even tried to question any of the proceedings initiated by the Government at any point of time.
In view of the above, the Writ Appeal is dismissed with costs.
______________________ JUSTICE N.V.RAMANA
_________________________________ JUSTICE VILAS V.AFZULPURKAR 18th June, 2013 Ksp
1 issue framed by the court
Whether directing authorities to consider a land allotment dispute without issuing notice to the Wakf Board violates principles of natural justice.
1 provisions across 1 enactments
Respondent No.6 in W.P.No.33172 of 2011
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
