THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 5199 OF 2012 Dated:06-12-2014 Between:
A. Bala Prasad Singh
... PETITIONER
AND
The A.P State Wakf Board
. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 5199 OF 2012 ORDER:
The petitioner filed O.S No. 43 of 2012 before the Andhra Pradesh State Wakf Tribunal, Hyderabad (for short, ‘the Tribunal’) for declaration of title and perpetual injunction in respect of the suit schedule property against the respondent. He has also filed I.A No. 424 of 2012 under Order XXXIX Rules 1 and 2 CPC for temporary injunction. After hearing both the parties, the Tribunal dismissed the I.A through order dated 24-08-2012. Hence, this revision.
Heard Sri K. Raghuveer Reddy, learned counsel for the petitioner and Sri M.A.K. Mukheed, learned counsel for the respondent.
The petitioner based his claim to the property on the Occupancy Right Certificate (ORC) issued to him on 09-04-1980 in respect of the land. The Tribunal also recorded a finding to the effect that the ORC has been issued in favour of the petitioner. As regards possession also, the Tribunal held that the petitioner is in enjoyment of the property. However, injunction was rejected only on the ground that the ORC ought not to have been issued and that the property is included in the gazette notification issued in favour of the Wakf Board.
Once ORC is issued under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1954, (for short, ‘the Act’) it has got its own strength. If any person feels aggrieved by that, he has to pursue the remedy in accordance with the provisions of the Act. At least from the point of view of temporary injunction, mere existence of ORC would be sufficient and coupled with the finding of possession, the petitioner was entitled to be granted temporary injunction.
The C.R.P is accordingly allowed and the order under revision is set aside. As a result, I.A No. 424 of 2012 is allowed. It is however directed that the petitioner shall not alienate the suit schedule property during the pendency of the suit.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
06-12-2014
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