IMPORTANT POINT
Summary eviction under the A.P. Wakf Act is not permissible in the presence of bona fide disputes regarding property title, necessitating a full trial instead.

ORDER :

(Nyapathy Vijay, J.) :

Introduction: The genesis for the present batch of revisions is the order passed by the District Collector, East Godavari District (as it then was) under Section 52(2) of the A.P. Wakf Act, 1995 (for short ‘the Act’) vide proceedings No.REV-HSECOMIS/1/2017, dated 13.03.2017 directing the Tahsildar, Mummidivaram to hand over lands specified therein in the possession of these petitioners to the Inspector Auditor, Wakfs, East Godavari District within 30 days.

2. This order of eviction was challenged before the A.P. State Wakf Tribunal, City Civil Court Campus at Hyderabad in Appeal filed under Section 52 (4) of the Act. The Wakf Tribunal passed orders dismissing the appeals and hence, the present revisions were filed under Section 83 of the Act.

3. As the issues involved in all the cases are similar, this Court heard the arguments in all the revisions and for the sake of convenience, C.R.P.No.7399 of 2018 is taken to be the lead case for narration of facts.

4. The facts leading to the present revision:

The Inspector Auditor, Wakfs, East Godavari District had submitted a report on 24.07.2002 that wakf properties of Mummidivaram mosque of an extent of Ac.18.47 cents, Ac.2.32 cents and Ac.0.03 cents in R.S.No.575, 579/3 and 597/7 of Ainapuram Village, Mummidivaram Mandal, East Godavari District were notified as wakf as per A.P.Gazette No.16, Part-II, dated 19.04.1962 at Sl.No.146 vide its page No.449. As per the report, these properties were under illegal occupation of encroachers pursuant to illegal purchase contrary to Section 51 (1A) of the Act.

5. On the basis of the report, notices were issued to the petitioners under Section 52 of the Act on 03.09.2002 and 15.12.2003. It is stated that one Sri D.A.S.B.V.Ramana Kumar, Advocate had submitted explanations on behalf of the petitioners on 03.10.2002, 04.10.2002 and 05.10.2002. In response to the explanation received, the Wakf Board vide letter dated 05.11.2002 rejected the objections stating that once a Wakf is always a Wakf.

6. Thereafter, the Wakf Board issued requisitions to the District Collector on 13.01.2004 and 28.07.2006 to take over possession of the schedule lands in the possession of the petitioners in exercise of power conferred under Section 52 of the Act. Reminders were said to have been issued by the Wakf Board on 30.09.2006, 04.11.2006, 19.12.2007 and 23.04.2009 for recovery of possession.

7. The Inspector Auditor of Wakfs, East Godavari District had informed the Wakf Board vide letter dated 19.08.2016 stating that the requisitions issued by the Wakf Board to the District Collector (referred supra) were not received by the District Administration and the Inspector Auditor, Wakfs requested the State Board to issue fresh requisition.

8. In view of the letter, the Wakf Board on 27.10.2016 issued a requisition under Section 52(1) of the Act requesting the District Collector to take requisite measures for evicting the petitioners and deliver possession to the Wakf Board. On the basis of the requisition, the District Collector vide proceedings dated 13.03.2017 directed the Tahsildar, Mummidivaram to handover possession of the lands referred therein to the Inspector Auditor, Wakfs, East Godavari District within 30 days.

9. The Tahsildar, Mummidivaram vide letter dated 02.06.2017 informed the District Collector that possession of the lands was taken from the petitioners on 30.05.2017. The District Collector, thereupon directed the Tahsildar, Mummidivaram to conduct ‘ek saal’ auction and send the amount to the Wakf Board.

10. At that stage, the petitioners filed appeals on 18.07.2017 under Section 52(4) of the Act questioning the orders of eviction. Counter affidavits were filed by the Wakf Board. The appellate Court directed parties to maintain status quo pending disposal of appeals.

11. In the appeals, the petitioners marked sale deeds and encumbrance certificates pertaining to their respective holdings. The Wakf Board marked as many as 22 docu