THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.10049 of 2023

ORDER

This Writ Petition is filed seeking a declaration that the inaction on the part of respondent No.2 in considering the representation of the petitioner dated 29.12.2022, by exercising the official powers vested under the Wakf Act, in respect of the notified Wakf property vide F.No.18/2/1969, dated 28.11.1968 relating to the commercial shop bearing private No.21, Municipal House No.21-1-1016, admeasuring 8 x 10 = 80 square feet, situated at Macca Madina Allauddin Wakf, High Court Road, Madina, Hyderabad, as illegal and arbitrary and consequently, to direct respondent No.2 to initiate action on the said representation and to pass such other order or orders.

2. Heard learned counsel for the petitioner, learned Government Pleader for Social Welfare, appearing for respondent No.1, Sri Farhan Azam Khan, learned Standing Counsel for Wakf Board, appearing for respondent No.2 and Sri Syed Kareemuddin, learned counsel, appearing for respondent No.3.

3. Brief facts leading to the filing of the present Writ Petition are that the petitioner entered into a lease agreement with the Wakf Board-respondent No.2 in respect of the subject property in the year 1982. The petitioner claims to be in continuous possession of the same and states that he is paying monthly rents regularly. Alleging that respondent No.2 is trying to induct respondent No.3 into the property and that respondent No.3, by misrepresentation, obtained an order of this Court in W.P.No.6241 of 2021, the petitioner claims to have submitted a representation on 29.12.2022 to respondent No.2 and alleging that no action has been taken on the said representation, the present Writ Petition has been filed.

4. Respondent No.2 filed counter affidavit stating that the petitioner had taken the premises on lease but committed default in payment of rents to an extent of Rs.4,71,956/- till the end of March, 2023 and that the petitioner is a chronic defaulter and he is not entitled to seek any relief in this Writ Petition. It is further stated that the petitioner, in collusion with the petitioner in W.P.No.6241 of 2021, (his own brother, respondent No.3 herein), sub-lessee, entered into the premises and is claiming tenancy with Wakf Board. It is stated that there is no tenancy between the Wakf Board and respondent No.3. It is also stated that petitioner sub-leased the property contrary to the Wakf Properties Lease Rules, 2014. It is further stated that as per the Wakf Properties Lease Rules, 2014, the Wakf properties should be leased only by conducting public auction to secure the best possible rent and that the annual rent should not be less than 2.5% of the market value of the property and that the period of lease should not exceed three (3) years.

Therefore, it is prayed that the Writ Petition be dismissed.

5. Respondent No.3 filed counter affidavit stating that the petitioner left the property as well as the country in the year 2018, and that respondent No.3 has since been in possession of the property and is paying rents regularly. Respondent No.3 also stated that he cleared the arrears of rent from the petitioner and the details of the payment are given in Para No.11 of his counter affidavit. It is further stated that he filed W.P.No.6241 of 2021 before this Court and during the hearing thereof, the learned Standing Counsel for the Wakf Board had submitted that a lease would be granted in favourt of respondent No.3 if he agrees to pay enhanced rent at the rate of Rs.65/- per square feet and that respondent No.3 herein/the petitioner in W.P.No.6241 of 2021 has agreed to the same and the said submission was recorded by the Court. It is submitted that subsequent thereto, in spite of his representation to Wakf Board on 12.04.2021, a decision thereon has not been taken by the Wakf Board so far.

6. Learned counsel for the petitioner, however, submitted that the petitioner continued to reside in India only and that he has fil