HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8813 OF 2014 Date:07.07.2014 Between:
K. Abdul Kaleem and another .. Petitioners And The Joint Survey Commissioner of Wakf, Government of Andhra Pradesh, A.P., Secretariat, Hyderabad and another .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8813 OF 2014 ORDER:
Heard the learned counsel for the petitioners and learned Standing Counsel for the Wakf Board appearing for respondents 1 and 2.
The grievance of the petitioners is that their private property is included in the Andhra Pradesh Gazettee Part II Supplementary, dated 24.10.1963, at Serial No.2053 showing as if the land is in Survey No.148 of ‘Joharapuram’ Village as the Wakf property, instead Survey No.148 of ‘Gondiparla’ Village. According to the learned counsel for the petitioners, the said survey number at Gondiparla Village is required to be notified as a Wakf property, but instead of that, by mistake the petitioners’ land in Joharapuram Village is gazetted as Wakf property, and on that ground, he submits that the petitioners are not able to enjoy or alienate their land in Survey No.148 of Joharapuram Village.
The present writ petition is, therefore, filed seeking a mandamus against the respondents to delete the entry of ‘Joharapuram’ Village and incorporate the entry of ‘Gondiparla’ Village in its place.
At the outset, the Andhra Pradesh Wakf Board is not impleaded as party respondent and the Chief Executive Officer is impleaded as the 2nd respondent in the writ petition. Secondly, if the petitioners have any grievance against the Gazette Notification of the Board, they must approach the Wakf Board with the said grievance. Since the Wakf property is already published in the Gazettee Notification, as referred to above, it has to be considered by the Board as to whether the said Gazettee Notification requires any amendment and whether there is any mistake in it. The petitioners have not approached the Board with any such request and issuance of mandamus in the absence of any demand from the petitioners does not arise.
Hence, the writ petition is disposed of with a liberty to the petitioners to make an appropriate application before the Andhra Pradesh Wakf Board and take further steps in accordance with law, if they have any grievance against the said Gazettee Notification. There shall be no order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
07.07.2014 KH