Telangana High Court
WP/19821/2002 of Yakoob Hussaini Khaiser Vs The Chief Executive Officer on 24 December 2007
G. YETHIRAJULU W.P.No.19821 of 2002 Dated this the 24th day of December, 2007 Between: Yakoob Hussaini Khaiser … Petitioner AND The Chief Executive Officer, A.P. State Wakf Board, Hyderabad and another … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.19821 of 2002
HON’BLE Dr. JUSTICE G. YETHIRAJULU
W.P.No.19821 of 2002
Dated this the 24[th] day of December, 2007
Between:
Yakoob Hussaini Khaiser
… Petitioner
AND
The Chief Executive Officer,A.P. State Wakf Board, Hyderabad and another … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU
W.P.No.19821 of 2002
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ORDER:
This Writ Petition has been filed by the petitioner seeking todeclare that the action of the first respondent in not initiating any actionunder Section 54 of the Wakf Act, 1995 against the encroachers of thelands in Survey No.431, which is attached to the Wakf Institution viz.,Kohe-e-Moula Ali situtated at Malkajgiri Mandal Ranga Reddy District,as illegal, arbitrary, capricious, mala fide, dereliction from duty andcontrary to the statutory provisions of the Wakf Act.
2) The petitioner is contending that when the Wakf Board wastrying to evict the second respondent, the second respondent filedW.P.No.11941 of 2000 and this Court passed an order directing theWakf Board to take steps to evict the second respondent according tolaw. But after the directions of this Court in W.P.No.11941 of 2000, theWakf Board did not initiate any action. In the counter affidavit, theymentioned that the action has been initiated, but no progress has beenreported.
3) Section 54 of the Wakf Act, 1995 reads as follows:“54. Removal of encroachment from wakf property:- (1) whenever theChief Executive Officer considers whether on receiving any complaint“54. Removal of encroachment from wakf property:- (1) whenever theChief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on anyland, building, space or other property which is wakf property and,which has been registered as such under this Act, he shall cause tobe served upon the encroacher a notice specifying the particulars ofthe encroachment and calling upon him to show cause before a dateto be specified in such notice, as to why an order requiring him toremove the encroachment before the date so specified should not bemade and shall also send a copy of such notice to the concernedmutawalli.
(2) The notice referred to in sub-seciton (1) shall be served insuch manner as may be prescribed.(3)If, after considering the objections, received during theperiod specified in the notice, and after conducting an inquiry in suchmanner as may be prescribed, the Chief Executive Officer issatisfied that the property in question is wakf property and that therehas been an encroachment on any such wakf property, he may, byan order, require the encroacher to remove such encroachment anddeliver possession of the land, building, space or other propertyencroached upon to the mutawalli of the wakf.(4)Nothing contained in sub-section (3) shall prevent anyperson aggrieved by the order made by the Chief Executive Officerunder that sub-seciton from instituting a suit in a Tribunal toestablished that he has right, title or interest in the land, building,space or other property; Provided that no such suit shall be instituted by a personwho has been let into possession of the land, building, space or otherproperty as a lessee, licensee or mortgagee by the mutawalli of thewakf or by any other person authorized by him in this behalf.”
4) In the light of the above provision, I am inclined to direct the first respondent to take necessary steps according to law and reportthe progress to the petitioner within eight weeks from the date ofreceipt of copy of this order, failing which the petitioner is at liberty totake further steps in accordance with law.
5) Accordingly the Writ Petition is ordered. No order as tocosts.
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Dr.G. YETHIRAJULU, J
Date: 24-12-2007Isn