Sri C Parvez Ahmed Afroz vs The A.P. State Waqf Board
2021 Latest Caselaw 951 AP

(SHOW CAUSE NOTICE BEFORE ADMISSION) | £
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIfe,
(SPECIAL ORIGINAL JURISDICTION) 3
THURSDAY, THE EIGHTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 3938 OF 2021

 

Between:
1. Sri C Parvez Ahmed ( Afroz), s/o late C. Nazeer Ahmed
2. Sri C. Feroz Ahmed, s/o late C. Nazeer Anmed

Petitioners

"AND

1. The A.P. State Waaf Board, rep by its Chief Executive Officer, 4th Floor, Imdad
Ghar, opp. Kaleshwar Rao Market, Vijayawada. A.P.

2. The Chief Executive Officer, A.P. State Waqf Board, 4th Floor, Imdad Ghar, Opp.
Kaleshwar Rao Market, Vijayawada

3. Syed Shah Jamalullah Quadri @ Dada Basha Quadri s/o late Syed Shah
Khaleelullah Quadri, aged about 60 years, Occ. Mutawalli of Dargah Hzt Syed
Shah Ishaq Sanaullah Quadri ( Popularly known as Roza Dargah, at Roza Street
Kurnool

Respondents

WHEREAS the Petitioners above named through their Advocate Sri M
Mehdi Hussain, presented this Petition under Article 226 of the Constitution of India
praying that in the circumstances stated in the affidavit filed therewith, the High Court
may be pleased to issue an appropriate writ, order. or direction particularly one in the
nature of MANDAMUS Declaring the initiation of proceedings in file F. No. M7/7/Prot/
KNL/2005 Under Section 54 of the Waqf Act of 1995 by the 2nd respondent the Chief
Executive Officer of the A.P. State Waqf Board against the petitioner herein in respect
of the land admeasuring Ac 0-08 cents situated in Sy No 30 situated at Roza Village,
and street Kurnool Mandal and Town as being Illegal, Arbitrary, Capricious, Malafide,
without Jurisdiction, not only contrary to Section 54 of Waqf Act of 1995 but also
contrary to the Judgment and decree in O.S. No 136 of 2005 dated {2-6-2017 of the
Honourable Waaf Tribunal.

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri M Mehdi Hussain, Advocate for the
Petitioners, and Shaik Karimullah Standing Counsel for Respondent Nos 1 & 2, directed
issue of notice to the Respondents herein to show cause as to why this WRIT
PETITION should not be admitted.

You viz:

1. The A.P. State Waaf Board, rep by its Chief Executive Officer, 4th Floor, Imdad
Ghar, opp. Kaleshwar Rao Market, Vijayawada. A.P.

2. The Chief Executive Officer, A.P. State Waaf Board, 4th Floor, Imdad Ghar, Opp.
Kaleshwar Rao Market, Vijayawada

3. Syed Shah Jamalullah Quadri @ Dada Basha Quadri s/o late Syed Shah
Khaleelullah Quadri, aged about 60 years, Occ. Mutawalli of Dargah Hzt Syed
Shah Ishaq Sanaullah Quadri ( Popularly known as Roza Dargah, at Roza Street
Kurnool

are directed to show cause on or before 18-03-2021 to which date the case stands
posted as to why in the circumstances set out in the petition and affidavit filed therewith
(copy enclosed) this WRIT PETITION should not be admitted.
 

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in W.P., the High Court may be pleased please to grant interim Stay
of all further proceedings in file bearing F. No. M7/7/Prot/KNL/2005 including the
eviction of the petitioner from the land admeasuring Ac 0-08 cents situated in Sy No 30
situated at Roza Village, and street Kurnool Mandal and Town, pending disposal of
WP No. 3938 of 2021, on the file of the High Court.

The Court made the following
ORDER:

Notice before admission.

Sri Shaik Karimullah, learned standing counsel takes notice for the respondents 1 & 2 and seeks time to file counter.

Learned counsel for the petitioners is permitted to take out personal notice to the 34 respondent by "RPAD' and file proof of service.

Learned counsel for the petitioners submits that the petitioners are owners and possessors of the land measuring Ac.0.08 cents situated in Sy.No.30 of Roza Village, Kurnool Mandal, having inherited to the same from their father, who got the land under a registered partition deed dated 18.03.1972. The petitioner's father, during his life time and thereafter the petitioners were in joint possession and enjoyment of the same. While so, O.S.No.136 of 2005 was filed by Joint Mutawallies 3" respondent herein and another) of the Dargah Hzt Ishaq Sanaullah, on the file of A.P Wagf Tribunal, Hyderabad, for recovery of possession, claiming the subject property as waqf property attached to the said wagf institution. After full-fledged trial, the Tribunal by its judgment and decree dated 12.06.2017 dismissed the suit holding that the subject property is not a waqf property. Aggrieved by the same, the 3 respondent herein and another preferred CRP.No.1158 of 2018. The same is pending. However, basing on a false report submitted suo mottu by the Waaf Inspector holding that the petitioners are encroachers, the 2" respondent, without verification of records and without conducting any enquiry, initiated proceedings under Section 54 of the Waqf Act and issued notices to conduct enquiry under Section 54(1) & 54(3) of the Waaf Act, which is illegal and arbitrary. The respondents are contemplating to take further action and trying to evict the petitioners.

Learned standing counsel for the Wagqf Board opposed for granting any interim order stating that the Waqf Board is not a party to the suit-O.S.No.136 of 2005 and therefore the decree and judgment in the said suit is not binding on the Waqf Board.

Having regard to facts & circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court is prima facie satisfied that the petitioners have shown sufficient cause for grant of an interim order.

Accordingly, there shall be interim stay of all further proceedings pursuant to the impugned notice dated 30.12.2020.

Post on 18.03.2021.

Sd/- T. Madhavi ASSISTANT REGISTRAR ITTRUE COPY// Claw

For ASSISTANT REGISTRAR

Dak

Skm

_ The A.P. State Waaf Board, rep by its Chief Executive Officer, 4th Floor, Imdad

Ghar, opp. Kaleshwar Rao Market, Vijayawada. A.P.

The Chief Executive Officer, A.P. State Waaf Board, 4th Floor, Imdad Ghar, Opp. Kaleshwar Rao Market, Vijayawada

Syed Shah Jamalullan Quadri @ Dada Basha Quadri s/o late Syed Shah Khaleelullah Quadri, aged about 60 years, Occ. Mutawalli of Dargah Hzt Syed Shah Ishaq Sanaullah Quadri ( Popularly known as Roza Dargah, at Roza Street Kurnool (Addressee Nos 1 to 3 by RPAD- along with a copy of petition and affidavit)

One CC to Sri. M Mehdi Hussain Advocate [OPUC]

One CC to Sri Shaik Karimullah, Standing Counsel [OPUC]

One spare copy

HIGH COURT

MGR,J

DATED: 18/02/2021

NOTE: POST ON 18-03-2021

NOTICE BEFORE ADMISSION

WP.No.3938 of 2021

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INTERIM STAY