HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 25329 OF 2023

O R D E R:

Petitioners claim to be the joint owners and possessors of the property bearing Municipal No. 13-6-337, admeasuring 580 square yards situated at Karwan Sahu, Hyderabad, Telangana, by virtue of a registered sale deed dated 24.03.1994 and they have been living in the above-mentioned property for many decades.

2. It is stated, the vendor of petitioner Sri Gulam Dastagir S/o Late Babu Shah, as the G.P.A Holder of one Mrs. Sayeed Unnisa Begum W/o Late Dr. Mustafa Ali Baig sold the above property along with his ancestral property. His vendor purchased the portion of the house bearing Municipal No. 13-6-337, admeasuring 355.20 square yards vide registered sale deed dated 11.04.1967 which shows that the property is a private property in existence from 1967 and even prior to that also.

2.1 Adjacent to the property, there seems to exist a Waqf Institution with Municipal No. 13-6-336 notified in the supplement of Part-II of The Andhra Pradesh Gazette No. 12A dated 21.03.1985 at Serial No. 1857 and Mutawalli of the said Institution was recorded as H.E.H The Nizams. While so, when petitioners are demolishing the old structures in the subject property, on 28.12.2022, Respondents 2 to 4 came there and without issuing any notice whatsoever seized the property. On enquiry, they informed that said property is waqf and petitioners are land grabbers. When approached the 2nd respondent, he assured that he would verify the documents and take further steps. It is stated that since Respondents 3 and 4 gave a false report under the influence of local leaders, petitioners made them party respondents in their personal capacities.

2.2 The 3rd respondent had given a complaint against petitioners based on which F.I.R No. 21 of 2023 for the offences under Sections 427 and 448 IPC. was registered on the file of Tappachabutra Police Station. In the entire complaint, there is no reference of seizing of property. This particular aspect goes to show that seizure is illegal and without jurisdiction. It is stated, since January 2023, he has been requesting the 2nd respondent to remove seals, but they have been dragging the issue on one reason or the other. Therefore, they made representation on

13.07.2023 to Respondents 2 and 3, but till date, no action has been initiated.

3. By order dated 20.09.2023, this Court while issuing notice before admission, granted interim direction to Respondents 2 to 4 to forthwith remove seals of the subject property.

4. Subsequently, by order dated 13.02.204 in I.A.No. 2 of 2023, Awqaf Committee was impleaded as the 7th respondent to the Writ Petition. A counter-affidavit was filed on their behalf by its Secretary stating that aggrieved by the interim order dated 20.09.2023, Writ Appeal No.990 of 2023 was preferred which was disposed of by order dated 12-10-2023 protecting the property from being further demolished and directing maintenance of “Status Quo”, so also permitting Petitioners to seek impleadment as Respondent to the present Writ Petition as well as seeking vacation of the order dated 20-09-2023.

4.1 It is stated, Awqaf Committee has been constituted to look after the Waqf in question, therefore, it sought impleadment as well as vacation of the orders passed in the present Writ Petition as by the said impugned orders there was likelihood of the entire religious building being demolished if the lock and seal over and upon the said property were to be removed. Hence in the said background, the interim order be vacated as petitioners attempted to illegally demolish the property by obtaining orders without impleading the Respondent No.7 herein who is looking after the duly notified Waqf property which is the subject matter of the present Writ.

4.2 As per the Andhra Pradesh Gazette Notification dated 21.03.1985 listed at Serial No.1857, the Ashoor Khana known as “Ashoor Khana Makai Nal Saheb” situated at premises No.13-6-336, with four graves, house and