3.08.2021 Avss vs Unknown
2021 Latest Caselaw 2815 AP

               HIGH COURT OF ANDHRA PRADESH
      MAIN CASE No: W.P. No.15513 OF 2021

                             PROCEEDING SHEET

Sl.     DATE                              ORDER                             OFFICE
No.                                                                          NOTE
01.   03.08.2021 AVSS, J
                                                                           Transferred
                       Sri     T.N.M.Ranga          Rao,        learned to the IO
                Government Pleader for Social Welfare takes folder
                                                                           before
                notice for respondents 1 and 3.                            corrections

Sri K.Asad Ahmed, learned Standing Counsel for the Wakf Board, takes notice for respondent No.2.

It is contended by the learnd counsel for the petitioners that though the petitioners herein are the absolute owners and possessors of the subject properties admeasuring Acs.12.18 cents in Sy.No.317 of Vemavarappadu Fields, Kamanagaruvu village, Amalapuram Mandal, East Godavari District, without issuing any notice to them, the 1st respondent herein published the Gazette Notification dated 14.04.2016, notifying the subject lands as wakf properties. It is further submitted that the issue in the present Writ Petition is squarely covered by the judgment of this Court reported in AIR 2002 AP 313. It is his further submission that the said judgment was confirmed by the Division Bench also in W.A. No.745 of 2002 and Batch dated 21.03.2011. Learned counsel also disputes the jurisdiction of the 2nd respondent to undertake the proceedings under Section 52 of the A.P.Wakf Act.

On the contrary, it is submitted by the learned Standing Counsel for the Wakf Board Sl. DATE ORDER OFFICE No. NOTE Sri K.Asad Ahmed that only after undertaking survey, notification came to be issued by the State Government. It is also his submission that as a consequence of the said notification, the Wakf Board initiated the proceedings under Section 52 of the Wakf Act.

In the considered opinion of this Court, these issues require consideration after filing counter affidavits by the respondents.

For the aforesaid reasons, status quo as on today with regard to the possession of the subject properties shall be maintained pending further orders.

Post after four weeks for filing counters.

                                                      ________
                                                       AVSS,J
             siva
 Sl.   DATE   ORDER   OFFICE
No.                   NOTE