HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.301 OF 2012 Date:04.06.2014 Between:
Kadali Babu Rao and another .. Petitioners And The District Collector, East Godavari District, Kakinada and another .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.301 OF 2012 ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents.
The petitioners claim to be the owners of Acs.2.00 of land in Sy.No.29 of Nagaram Village, Mamidikuduru Mandal, East Godavari District by virtue of a registered sale deed, dated 04.09.1984. The petitioners states that out of the said property, an extent of Ac.1.40 cents of land is owned by their sister and that the remaining land has been in their possession. The Tahsildar, Mamidikuduru Mandal, the 2nd respondent herein, claims to have visited the schedule land in December, 2011 requiring the petitioners to vacate the said land and as such, the petitioners appear to have made a representation, dated 19.12.2011, asserting title to the said property. Apprehending that the petitioners would be evicted high handedly, they filed the present writ petition.
The 2nd respondent herein has filed a counter, wherein it is stated that the Chief Executive Officer, A.P. State Wakf Board, Hyderabad, issued a requisition under Section 52 (1) of the Andhra Pradesh Wakf Act, 1995 (for short, ‘the Act’) with respect to Ac.1.40 cents and Ac.0.60 cents in Sy.No.29 of the said village. Accordingly, notices were issued by the Mandal Revenue Officer on 29.04.1997 demanding the petitioners to deliver possession of the schedule property. In response thereto, the petitioners approached the II Additional District Court by filing C.M.A.No.31 of 1997 against the said proceedings under Section 52(1) of the Act. Thereafter, the 2nd respondent was directed to take possession over the subject property on behalf of the District Collector, the 1st respondent. It is further stated that the said Wakf land is taken possession on 08.12.2011 and kept under the safe custody of the Village Revenue Officer, Nagaram, and later the same was auctioned on 27.02.2012 by the Inspector Auditor Wakf, Kakinada.
In view of the aforesaid submissions and in view of the specific events stated in the counter affidavit, which remained uncontrovered, the relief sought for in the writ petition does not survive. If the petitioners still seek to assert title to the property, it is for them to invoke appropriate remedy in accordance with law.
Subject to the liberty as above, the writ petition is dismissed.
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
04.06.2014 KH