HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI KALYAN JYOTI SENGUPTA, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WP .NO: 26492 of 2007 Between:
Syed Habeeb S/o.Syed Jafer, R/o.11-160/69, B.J.R.Nagar, Miryalaguda, Malkajgiri, Hyderabad.
. Petitioner AND
1 The Secretary, Minorities Welfare and Wakf Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.
2 The Andhra Pradesh State Wakf Board, rep. by its Chief Executive Officer, Haj complex, Nampally, Hyderabad.
3 The District Collector, Medak District, Sangareddy
4 The Revenue Divisional Officer, Siddipet Town at Siddipet, Medak District.
5 The Executive Officer, Gram Panchayath Gajwel, Gajwel, Medak District.
6 Syed Mateen S/o.Syed Saheb, R/o.Opp to Balaji Theatre, Gajwel, Mandal Gajwel, Medak District.
. 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 any writ or order or direction or any other appropriate Writ preferably on Writ of Mandamus in action of the Respondents 1 to 5 against the Respondent No.6 in respect of the Schedule Property Sy.No. 355, admeasuring 700 Sq. Yards. Sy.No. 372, admeasuring 1.21 Acres, Sy.No. 373, admeasuring 6.21 Acres of Village and Mandal Gajwel, District Medak of Dargah Hazrath Gyrah Sheed R.A. is illegal, arbitrary, violation of under Article 14 to 21 of the Constitution of India and principles of natural justice and consequently direct to take action against Respondent No.6.
SCHEDULE OF THE PROPERTY
A) Sy.No.355, admeasuring 400 sq. yds. of Village and Mandal Gajwel, District Medak and surrounded by the following boundaries.
EAST : Sy.No.356 WEST : Tom area (Sy.No.355) NORTH : 15” Road (Sy.No.355) SOUTH : 15” Road (Sy.No.355)
B) Sy.No.355, admeasuring 300 sq. yds. of Village and Mandal Gajwel, District Medak and surrounded by the following boundaries.
EAST : Sy.No.355 WEST : Balaji Cinema Road NORTH : Toupran PWD Road SOUTH : Tom area
C) Sy.No.373, admeasuring 6.21 Acres of Village and Mandal Gajwel, District Medak and surrounded by the following boundaries.
EAST : M. Kistaiah Land WEST : Gram Panchayat Road NORTH : K. Muttaiah Land SOUTH : Graveyard Boundary S.No.359
D) Sy.No.372, admeasuring 1.21 Acres of Village and Mandal Gajwel, District Medak and surrounded by the following boundaries.
EAST : M. Kistaiah Land WEST : Gram Panchayat Road NORTH : K. Muttaiah Land SOUTH : Graveyard Boundary S.No.359 - 2 -
The petition coming on for hearing upon perusing the petition and affidavit filed herein and the order of the High Court dated 20-12-2007, 23-12-2009, 27-1-2010, 24- 2-2014 & 03.03.2014 made herein and upon hearing the arguments of Sri M.T. Ghori, Advocate for the Petitioner, G.P. for Social Welfare for Respondent No.1, Sri Mir Masood Khan, Standing Counsel for Respondent No.2, G.P. for Revenue for Respondent Nos.3 & 4, Sri G. Elisha, Standing Counsel for Respondent No.5, and Sri Syed Shareef Ahmed, Advocate for Respondent No.6, the Court made the following ORDER:
It appears that no subsequent additional affidavit has been filed by the Wakf Board. The existing affidavit of the Wakf Board is not good enough to understand what steps have been taken for removal of the illegal encroachers in terms of the earlier orders of this Court.
Accordingly, the matter is adjourned for fortnight.
In the meantime, an additional affidavit is to be filed by the Wakf Board stating in detail, supported by documents, as to what steps have been taken for implementation of the earlier orders of this Court intending to remove the encroachers activating the appropriate authorities.
This order has been dictated in the presence of the learned Counsel for the Wakf Board. Therefore, without waiting for the certified copy of the order of this Court, he will communicate the order to the Wakf Board which for the time being will act on the basis of the communication forthwith.
// TRUE COPY // To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1 The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haj complex, Nampally, Hyderabad. (By Spl. Messenger)
2 One CC to Sri M.T. Ghori, Advocate (OPUC)
3 One CC to Sri Mir Masood Khan, Advocate (OPUC) (By Spl. Messenger)
4 One CC to Sri G. Elisha, Advocate (OPUC) (By Spl. Messenger)
5 Two CCs to the G.P. for Social Welfare, High Court of A.P., Hyderabad. (OUT)
6 Two CCs to the G.P. for Revenue, High Court of A.P., Hyderabad. (OUT)
7 Two spare copies.
SRL HIGH COURT HC,J & SK,J DATED: 16-6-2014 NOTE: THE MATTER IS ADJOURNED FOR FORTNIGHT.
ORDER W.P.NO. 26492 OF 2007 DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 17-6-2014 HC,J & SK,J DATED: 16-6-2014 NOTE: THE MATTER IS ADJOURNED FOR FORTNIGHT.
ORDER W.P.NO. 26492 OF 2007 DIRECTION