APHC010157402014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21726/2014 Between:

Vattukuri Durga Bhavani, and Others ...PETITIONER(S)

AND Andhra Pradesh State Wakf Board and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. M SOLOMON RAJU Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

2. SHAIK KHAJA BASHA The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.21726 OF 2014 ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“issue a writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for entire records connected to proceedings No F.No.23/PROT/WG/2012-83 dated 23.05.2014 issued by 2^nd respondent, examine the same and set it aside after declaring the same as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice and provisions of The Waqf Act, 1995 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the 1^st petitioner from her lands of Ac.1.07 cents covered by survey number 268 of Pasivedala Revenue Village of Kovvur Mandal, West Godavari District pass such other order or orders...”

2. Heard learned counsel for the petitioners and learned counsel for the respondents.

3. Learned counsel for the petitioners submits that the petitioner No.1 is the absolute owner and possessor of the lands admeasuring to an extent of Ac.1.07 cents situated in Sy.No. 268 of Pasivedala Revenue Village, Kovvur Mandal, West Godavari District, having acquired the same from petitioner No.2 through a registered settlement deed dated 30.10.2002. While things stood thus, respondent No.2 issued notices dated 27.01.2014, 12.03.2014 under Section 54(1) of Wakf (Amendment) Act, 2013 to the petitioner No.2 calling for explanation why she should not be evicted from the subject land since the subject land belongs to the 1^st respondent. Pursuant to the said notices, the petitioner No.2 herein submitted her explanation/ objections dated 15.04.2014. Earlier, the 2^nd respondent also issued a notice dated 04.10.2012 under Section 54(1) of Wakf Act, 1995. For which, the petitioner No.2 herein submitted her explanation/ objection on 06.11.2013. Without considering the said explanations/ objections, the 2^nd respondent passed orders dated 23.05.2014 notifying the subject lands as Wakf lands and directed the petitioners to vacate from the subject lands. Aggrieved by the said eviction order, the petitioners herein filed the present writ petition.

4. Learned counsel for the petitioner further submits that without following the due procedure as contemplated under Section 54(3) of Wakf Act, 1995, the respondents cannot issue an order of eviction dated 23.05.2014 to the petitioner which is illegal, arbitrary and contrary to the settled proposition of law. Therefore, for eviction of the petitioner form notified and Wakf property, the Board shall recourse the procedure as contemplated under Section 54(3) of the Act, 1995 only.

5. On the other hand, learned counsel for the respondents submits that let there be a direction to the respondents to follow the due procedure as contemplated under Section 54(3) of the Wakf Act, 1995 and Rules, made thereunder while proceeding for removal of encroachments from the subject property if the subject property is notified as wakf property.

6. For better understanding Section 54 of the Wakf Act, 1995 is extracted hereunder:

54. Removal of encroachment from wakf property.

(1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is waqf property and, which has been regis