Y.Venugopal Reddy vs The A.P. State Wakf Board
2021 Latest Caselaw 5008 AP

    THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

            WRIT PETITION No.6406 OF 2021

ORDER:

Heard Sri J.Janaki Rami Reddy, learned counsel for

the petitioner and Sri Shaik Karimullah, learned Standing

Counsel for Waqf Board for respondents 1 and 2.

2. Enquiry notice bearing F.No.M7/7/Prot/KNL/

2005, dated 03.12.2020 issued by the Chief Executive

Officer, Andhra Pradesh State Waqf Board-2nd respondent

herein, under Section 54 (3) of the Waqf Act, 1995, is under

challenge in the present Writ Petition.

3. According to petitioner, he acquired an extent of

Ac.1.00 cents in survey No.3/2 of Roza Village, Kurnool in

a family partition covered by a deed dated 10.03.2004. It is

further stated that father of the petitioner, along with other

family members of the petitioner, purchased the same by

way of a registered sale deed bearing document No.3916 of

1985, dated 6.6.1985. It is further stated that the

petitioner has been in possession and enjoyment of the

subject property and constructed a saw mill and other

constructions after obtaining necessary permissions from

the authorities concerned. 3rd respondent herein, who is

Mutawalli of Dargah Hzt. Syed Shah Ishaq Sanaullah

Quadri, popularly known as Roza Dargah, instituted

Original Suit No.133 of 2005 on the file of the Andhra

Pradesh State Waqf Tribunal at Hyderabad against the

petitioner and his father and brothers, for the relief of

recovery of possession by evicting them. The said suit

came to be dismissed by the Waqf Tribunal on 12.06.2017,

and as against which, the institution carried the matter

before this Court by way of filing Civil Revision Petition

No.1084 of 2018 and the same is pending adjudication

before this Court.

4. Now, pending the said Civil Revision Petition

No.1084 of 2018, 2nd respondent-Chief Executive Officer,

by way of the impugned enquiry notice, called for

objections. In response to the said notice, petitioner herein

submitted his objections on 22.12.2020.

5. Sum and substance of the case of the petitioner

in the present Writ Petition is that having lost the suit i.e.

Original Suit No.133 of 2005, and having suffered a finding

with regard to nature of the subject property, it is not open

for 2nd respondent-Chief Executive Officer to initiate the

action under Section 54 of the Waqf Act, 1995.

6. On the other hand, it is contended emphatically

by the learned Standing Counsel for respondent-Waqf

Board that there is absolutely no illegality, nor there exists

any infirmity, in the impugned action, as the Waqf

Institution has already approached this Court by way of

Civil Revision Petition No.1084 of 2018, against the

judgment passed by the Waqf Tribunal.

7. In the above back ground, now, the issue which

this Court is called upon to answer in the present Writ

Petition, is -

"Whether 2nd respondent-Chief Executive Officer is justified in initiating the impugned proceedings under Section 54 of the Waqf Act, 1995 ?"

8. There is absolutely no dispute with regard to the

reality that the 3rd respondent-Waqf Institution filed

Original Suit No.133 of 2005 on the file of the Andhra

Pradesh State Waqf Tribunal for the relief of recovery of

possession in respect of the subject property. The learned

Presiding Officer of the Tribunal, having regard to the

pleadings available on record, framed the following issues

and additional issues.

"Issues:

1) Whether the plaintiffs are entitled for recovery of suit property from the defendants ?

2) Whether the plaintiffs are entitled for mesne profits as prayed for ?

      3)    To what relief ?
      Additional Fair Issues:
      1)    Whether the Plaintiffs have locus-standi to file
      the suit ?




      2)    Whether the suit schedule property is Wakf

property or private property of the defendants ?"

While answering the Additional Issue No.2 i.e.

whether the suit schedule property is waqf property or

private property of the defendants, the learned Presiding

Officer, at paragraph No.6 of the judgment dated

12.06.2017, categorically recorded a finding that the

schedule property is not a waqf property and is a private

property of the defendants. It is also not in dispute that

though the institution carried the matter by way of filing

Civil Revision Petition No.1084 of 2018, there is no stay of

operation of the judgment, rendered by the Presiding

Officer of the Waqf Tribunal, granted by this Court. In the

considered opinion of this Court, so long as the judgment

rendered by the Waqf Tribunal continues to remain force,

2nd respondent-Chief Executive Officer cannot press into

service provisions of Section 54 of the Waqf Act, 1995.

9. For the aforesaid reasons, the Writ Petition is

allowed, setting aside the impugned Enquiry notice bearing

F.No.M7/7/Prot/KNL/ 2005, dated 03.12.2020 issued by

the Chief Executive Officer, Andhra Pradesh State Waqf

Board-2nd respondent herein, under Section 54 (3) of the

Waqf Act, 1995. However, subject to further orders in Civil

Revision No.1084 of 2018, the respondents are entitled to

take action in accordance with law.

No order as to costs of the Writ Petition.

As a sequel, interlocutory applications pending, if

any, in the Writ Petition shall stand closed.

__________________ A.V.SESHA SAI, J 07.12.2021 DRK

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.6406 OF 2021

07.12.2021 DRK