The court held that encroachment upon notified Waqf property for public works must follow due process of law and principles of natural justice, requiring authorities to consider representations and provide personal hearings, especially when dealing with sensitive religious sites like burial grounds.

ORDER

Head Sri Mohammad I mthiyaz Pasha, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Revenue appearing on behalf of the respondent Nos.1 to 4, learned Government Pleader for Home appearing on behalf of the respondent Nos.5 and 6, learned Government Pleader for Roads and Buildings appearing on behalf of respondent No.7 and Sri Farhan Azam Khan, learned Standing Counsel for Waqf Board appearing on behalf of the respondent No.8.

2. The petitioner approached the Court seeking prayer as under:

“to issue a Writ, more particularly one in the nature of Writ of Mandamus, or any other appropriate Writ, Order or Direction:

a) Declare the action of the Respondents in interfering with and attempting to encroach upon the notified Waqf graveyard land situated in Survey No. 521/9, admeasuring Ac. 0.12 Guntas at Amistapur Village, Bhoothpur Mandal, Mahabubnagar District, within the limits of Amistapur Municipality without following due process of law and without issuing notice under Section 91 of the Waqf Act, 1995, as illegal, arbitrary, without jurisdiction and void;

b) Direct the Respondents not to interfere with the peaceful possession, management and religious use of the said graveyard property;

c) Direct the Respondent Police Authorities, particularly Respondent Nos. 5 & 6, not to assist, aid or use force in dispossessing the Petitioner or interfering with the said Waqf property, except in accordance with law;

d) Direct the Respondents to refrain from undertaking any road work, construction activity or use of machinery in the subject land;

e) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

i) The subject property admeasuring Ac.0.12 guntas situated in Sy. No.521/9, at Amistapur Village, Bhoothpur Mandal, Mahabubnagar District, is a notified Waqf graveyard (Khabrastan) existing for more than 150 years and is continuously being used by the local Muslim community for burial purposes. The said property forms part of the notified Waqf property published in the Andhra Pradesh Gazette dated 06.07.2006 under Serial No.26680.

ii) The Respondent authorities, without issuing any notice under Section 91 of the Waqf Act, 1995 and without following due process of law, are attempting to encroach upon and take away a portion of the graveyard land for laying a road, inspite of objections and representation submitted by the Petitioner Committee. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

DI SCUSSI ON AND CONCLUSI ON:

4. Learned counsel appearing on behalf of the petitioner mainly puts-forth the follow ing submissions:-

4.1 The subject property is a graveyard attached to the UPS School and abutting the main road (Bhoothpur to Mahabubnagar) at Amistapur Village, Bhoothpur Mandal, Mahabubnagar District, which has been in existence for more than 150 years and has been continuously used by the Muslim community for burial purposes.

4.2 The said graveyard is being used by about 500 Muslim families, comprising around 1,200 members residing in the locality, and contains numerous ancestral graves, thereby having immense religious, cultural, and emotional significance.

4.3 The respondent authorities, without issuing any notice or following due process of law, are attempting to lay a road by tak