HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO:18176 of 2014 Khaja Syed Shah Obedullah Hussaini S/o Khaja Syed Shah Abbas Hussaini, Occ: Muthawalli, Darga Hazrat Shah Zaheeruddin Baba Shah Hussaini (Rh), Kutagula Village, Kadiri Town, Anantapur District.
. Petitioner AND
1 The Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration Department, Secretariat, Hyderabad.
2 The Commissioner, Kadiri Municipality, Kadiri Town, Anantapur District.
3 The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haj House, Nampally, Hyderabad.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not permitting the petitioner to carry out fencing works of the Wakf lands bearing Sy.No. 407/2, 179 and 181 of the Wakf property Darga Hazrat Shah Zaheeruddin Baba Shah Hussaini (Rh), Kutagula Village, Kadiri Town, Anantapur and its attached properties in the interest of justice;
W.P.M.P.22793 of 2014 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to permit the petitioner to carry out fencing works of the Wakf lands bearing Sy.No. 407/2, 179 and 181 of the Wakf property Darga Hazrat Shah Zaheeruddin Baba Shah Hussaini (Rh), Kutagula Village, Kadiri Town, Anantapur and its attached properties, pending disposal of WP No. 18176 of 2014 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in Writ Petition and upon hearing the arguments of SRI K.SAI KRISHNA MOHAN RAO Advocate for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development for Respondent No.1, Sri C.Venkat Yadav, Standing Counsel for Kadiri Municipality, i.e., for Respondent No.2, and of Sri Habeeb-ur-Rehman, Standing Counsel for A.P.State Wakf Board, i.e., for Respondent No.3, the Court made the following:
ORDER:
Learned Standing Counsel for Wakf Board has already informed on 10.07.2014 that the survey report is received by the Board.
In view of that, there shall be interim direction to the third respondent-Wakf Board to take further action in the matter in terms of the survey report.
List after four weeks in Motion List.
ASSISTANT REGISTRAR //TRUE COPY// To For ASSISTANT REGISTRAR
1 The Secretary, Municipal Administration Department, Government of Andhra Pradesh, Secretariat, Hyderabad.
2 The Commissioner, Kadiri Municipality, Kadiri Town, Anantapur District.
3 The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haj House, Nampally, Hyderabad. (1 to 3 BY RPAD)
4 One CC to SRI K.SAI KRISHNA MOHAN RAO, Advocate (OPUC).
5 Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, HIGH COURT, HIGH COURT BUILDINGS, HYD. (OUT).
6 One spare copy. SRL HIGH COURT VVAJ DATED: 21.07.2014 NOTE: LIST AFTER FOUR WEEKS IN MOTION LIST.
ORDER W.P.NO. 18176 OF 2014 INTERIM DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 22.07.2014 VVAJ DATED: 21.07.2014 NOTE: LIST AFTER FOUR WEEKS IN MOTION LIST.
ORDER W.P.NO. 18176 OF 2014 INTERIM DIRECTION