Court declined to adjudicate ownership disputes in eviction cases involving waqf property, requiring petitioners to seek remedy through the Waqf Tribunal under statutory provisions.

ORDER :

Tarlada Rajasekhar Rao, J.

As the issue in all the Writ Petitions is common, the present Writ Petitions are being disposed of by way of this Common Order. For the sake convenience, the facts in W.P.No.24841 of 2024 are mentioned in this common order.

2. The 6^th respondent-Tahsildar and Mandal Executive Magistrate has issued proceedings dated 07.10.2024 vide Rc.B/478/2015, directing the petitioners herein to vacate from the land in Sy.No.304 admeasuring an extent of Acs.39.62 cents situated in K.Rajupalem Village of Ulavapadu Mandal, SPSR Nellore District, on the ground that the said property is registered and notified as waqf property published in the Andhra Pradesh Gazette dated 02.05.1963 and to hand over the vacant possession to the Inspector Auditor Waqfs, SPSR Nellore District within 15 days from the date of receipt of the order, failing which the petitioners will be evicted from the encroachment of the land free of encumbrances.

3. The said notice was assailed in the present Writ Petition on the ground that the petitioners have purchased the subject property by way of registered sale deed and they are in possession of the property and the revenue authorities have issued pattadar passbooks and title deeds in their favour and the said notice is final order and no prior notice was issued before the impugned order dated 07.10.2024. Hence, prayed to set aside the impugned order dated 07.10.2024 issued by the 6^th respondent-Tahsildar and Mandal Executive Magistrate.

4. Learned counsel appearing for the impleaded respondents and the Waqf Board would submit that the property in Sy.No.304 is the waqf property and the same was published in the Gazette in the year 1963 and when it came to the notice of the Waqf Board that the said property has been unauthorizedly encroached into by the writ petitioners, a show cause notice dated 22.03.2013 was issued under Section 54 (1) of the Waqf Act, 1995, calling for explanation as to why an order to remove the encroachment should not be made under (3) of the Waqf Act, 1995, with a direction to submit explanation within 15 days from the date of receipt of the notice along with documentary evidence, if any, failing which it will be deemed that no explanation is offered and indicating that further action will be taken as per law. Since no explanation was received as contemplated under (3) of the Waqf Act, 1995, a proceedings dated 11.10.2013 was issued to the petitioners with a direction to hand over the vacant possession to the Inspector Auditor Wakfs, Prakasam District and to take further course of action under Section 55 of the Waqf Act as per law by the 2^nd respondent.

5. Learned counsels appearing for the respondents would submit that the alleged encroachers/writ petitioners failed to hand over the possession of the subject property to the Waqf Board under Section 55 of the Waqf Act and made a requisition to the Revenue Divisional Officer, Ongole, requesting for enforcement of the eviction order dated 11.10.2013 and to deliver the possession to the Inspector Auditor Waqfs through proceedings dated 10.04.2014. As there is no action from the R.D.O., the 2^nd respondent has made a representation to the District Collector, Prakasam District. The District Collector, vide proceedings dated 13.02.2015, has addressed a letter to the Sub-Collector, Kandukuru, to take necessary action to implement the requisition given by the C.E.O., A.P.State Waqf Board under of the Waqf Act, 1995 and evict the encroachments on the Waqf land immediately without furthe