Telangana High Court
WP/28404/2007 of Mr. Mohd. Chand, Vs Revenue Divisional Officer, on 31 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No.28404 of 2007 Between: Mr.Mohd.Chand and another. .. PETITIONERS and The Revenue Divisional Officer and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.No.28404 of 2007 ORDER: Petitioners question the order passed by the 1st
Between:
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.28404 of 2007
Mr.Mohd.Chand and another.
.. PETITIONERS
and
The Revenue Divisional Officer and others.
.. RESPONDENTS
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.No.28404 of 2007
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Petitioners question the order passed by the 1[st] respondent underSection 54(3) of the Wakf Act, 1995, (for short “the Act”) in proceedingsNo.H/230/2007, dated 17-11-2007, directing them to vacate wakf propertiesi.e., the lands admeasuring 216 sq. yards and 146 sq. yards bearing HouseNos.17-3-433/47 and 17-3-433/47/A respectively situated at Yakutpura,Hyderabad.
Admittedly, against the order passed under Section 54(3) of the Act,the statutory remedy is available under Section 54(4) of the Act, to institute asuit in a Tribunal to establish right, title or interest in the land. Therefore, thedisputed question of fact cannot be decided in this writ petition and the sameis liable to be dismissed.
Accordingly, the writ petition is dismissed with liberty to file suit beforethe Wakf Tribunal. There shall be no order as to costs.
___________
31-12-2007