Andhra Pradesh High Court - Amravati
M/S Ushodaya Enterprises Private ... vs The State Of Andhra Pradesh, on 4 March, 2021
Bench: M.Ganga Rao
[ 2696 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY, THE FOURTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 5209 OF 2021
Between: SE
M/s. Ushodaya Enterprises Private Limited, (previously known as M/s Ushdday&i=
Enterprises Limited), A Company Incorporated under the Companies Act, 1956 havitigs =<:
its registered office at 6-3-569/3, Eenadu Complex, Somajiguda, Hyderabad 500082,
Telangana State, Represented by its Authorised Signatory and Chief Manager Legal,
V.Ratna Kutnar, S/o Lakshman Rao, Aged about 56 years, Occ- Employee, R/o
Hyderabad.
. Petitioner
. AND
1. The State of Andhra Pradesh, Represented by its Principle Secretary (Minorities
Welfare) Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. Andhra Pradesh State Wakf Board, Represented by its Chief Executive Officer
4" Floor, Imad Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
3. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4"" Floor, Imad
Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
The District Collector, Kurnool District, Kurnool, Andhra Pradesh.
The Revenue Divisional Officer, Kurnool Division, Kurnool, Andhra Pradesh.
The Tahsildar, Kurnool Mandal, Kurnool,Andhra Pradesh
Oak
Respondents
WHEREAS the Petitioner above named through its Advocate SRI M R K
CHAKRAVARTHY 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 a writ, order, order or direction, more particularly one in the ©
nature of WRIT OF CERTIORARI calling for records in Rc.No.E8/1038/2019 dated
25.01.2021 on the file of the Fourth Respondent issued in respect of the Petitioners
lands ad-measuring Ac.2-78 Cents situated in RS.No.80 of Munagalapadu Village,
Kurnool Mandal and District, Andhra Pradesh as being illegal, arbitrary, wholly without
jurisdiction, vitiated by bias and violative of the principles of natural justice and Articles
14, 19, 21 and 300-A of the Constitution and consequently set quash the same
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri MR K CHAKRAVARTHY Advocate for
the Petitioner, and SRI SHAIK KARIMULLA, Standing Counsel for 2" respondent
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 Principle Secretary (Minorities Welfare) Department, State of Andhra
Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4"" Floor, Imad
Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
3. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4" Floor, Imad
Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
4. The District Collector, Kurnool District, Kurnool, Andhra Pradesh.
5. The Revenue Divisional Officer, Kurnool Division, Kurnool, Andhra Pradesh.
6. The Tahsildar, Kurnool Mandal, Kurnool, Andhra Pradesh
are directed to show cause either appearing in person or through an Advocate, as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted, on or before 22.04.2021, on
which date the case stands posted for hearing
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to stay of all
further proceedings pursuant to the Order Rce.No.E8/1038/2019 dated 25.012021 of the
Fourth Respondent including eviction of the Petitioner from the land ad-measuring Ac.2-
78 Cents situated in RS.No.80 of Munagalapadu Village, Kurnool Mandal and District,
Andhra Pradesh, pending disposal of WP No.5209 of 2021, on the file of the High Court.
The Court made the following:
ORDER:
"Notice before admission.
Sri Shaik Karimulla, learned standing counsel takes notice for the 2™
respondent -- Waqf Board and seeks time to file detailed counter.
Learned counsel for the petitioner submits that the petitioner purchased
the land to an extent of Ac.2.78 cents situated in RS.No.80 of Munagalapadu
Village, Kurnool Mandal and District, under three registered sale deeds bearing
document Nos.8576/1995, 8575/1995 and 8577/1995 dated 15.12.1995 from
yalamanchili Purnachandra Rao, Cherukuri Anil and Punukollu Rama Gopala Rao
and has been in possession and enjoyment of the said property. Earlier, when
orders under Section 54 of the Waqf Act were passed treating the petitioner as an
encroacher, the petitioner filed OS.No.4 of 2002 before the Waaf Tribunal, A.P.,
Hyderabad, challenging the orders dated 25.01.2000 and 26.01.2000 treating the
petitioner as an encroacher. The Tribunal by judgment and decree dated
22.04.2008, while setting aside the orders dated 25.01.2000 and 26.01.2000 held
that the petitioner is not an encroacher. Now again the impugned order dated
25.01.2021 is passed under Section 52(2) of the Waaqf Act, without considering the
petitioner's reply dated 06.01.2016 submitted to the notice issued under Section
51 of the Waaf Act, and without preceded by any enquiry and opportunity to the
petitioner and without there being any finding that the subject property is a waqf
property. Hence, the impugned order is illegal and arbitrary.
Sri Shaik Karimulla, learned standing counsel appearing for the Waaf
Board states that the subject property is a notified waqf property published in the
A.P. Gazette Part-II dated 24.10.1963. The petitioner purchased the property from
the unauthorised persons and is illegally squatting on the property. Several
notices were issued. The Tribunal only decreed the suit stating that the petitioner |
is not an encroacher. The judgment and decree of the Tribunal does not prevent
the waaqf authorities from taking appropriate action for eviction of the petitioner.
The petitioner, without availing the alternative remedy under the provisions of
Section 83 of the Wagf Act, approached this Court. The writ petition is not
maintainable. Having stated, he seeks time to get instructions and file counter.
Having regard to the facts & circumstances of the case, submissions of the
counsel and on perusal of the record, this Court prima facie found that the
impugned order is passed without considering the petitioner's reply and without
conducting any enquiry as required under Section 52(2) of the Waqf Act and
without giving any finding that the property is a waqf property and notification
issued in the year 1963 is validly issued.
Hence, there shall be interim stay as prayed for.
Post on 22.04.2021". | UM OBB
Sd/-Ch.V.Subramanya 'arma
ASSISTANT REGISTRAR
ITTRUE COPYI// . BLE
| ___ SECTION OFFICER
To,
1. The Principle Secretary (Minorities Welfare) Department, State of Andhra
Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4" Floor, Imad
Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
3. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4" Floor, Imad
Ghar Complex, Kaleswara Rao Market, Vijayawada-520001.
4. The District Collector, Kurnool District, Kurnool, Andhra Pradesh.
On
© COON
The Revenue Divisional Officer, Kurnool Division, Kurnool, Andhra Pradesh.
The Tahsildar, Kurnool Mandal, Kurnool, Andhra Pradesh (Addresses 1 to 6 by
RPAD- along with a copy of petition and memorandum of grounds)
One CC to SRI MR K CHAKRAVARTHY Advocate [OPUC]
One CC to SRI SHAIK KARIMULLA, Standing Counsel [OPUC]
One spare copy
HIGH COURT
MGRJ
DATED:04/03/2021
POST ON 22-04-2021
NOTICE BEFORE ADMISSION
WP.No.5209 of 2021
INTERIM STAY
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