2 01.11.2021 Cpk vs Unknown
2021 Latest Caselaw 4421 AP

                            HIGH COURT OF ANDHRA PRADESH

           MAIN CASE No.: W.P. No.24785 of 2021

                                   PROCEEDING SHEET

Sl.                                                                              OFFICE
        DATE                                ORDER
No                                                                                NOTE

2     01.11.2021   CPK, J
                         Notice before Admission.
                         Learned Government Pleader for Social Welfare
                   takes notice on behalf of the 1st respondent and Sri

M.Manohar Reddy, learned standing counsel, takes notice on behalf of the 4th respondent.

Registry is directed to print the names of learned Government Pleader for Revenue for the 3rd respondent and Sri Asad Ahmed, learned standing counsel for the respondents 2 and 5.

Learned counsel for petitioner submits that the issue on hand is identical to the order passed by this Court in I.A. No.1 of 2021 in W.P. No.19002 of 2021. The same is not disputed by the learned counsels for respondents.

In other words, it is the case of the petitioner that very initiation of the proceedings under Section 54 of the Waqf Act, 1995 on the ground of alleged encroachment cannot be sustained in the eye-of-law nor the same is permissible in view of the decree passed by the Civil Court in O.S. No.94/1971. The said judgment has attained finality as it was confirmed by the High Court in A.S. No.283/1977 and A.S. No.1629/1985.

Having regard to the above, prima facie case is made out for grant of interim orders, hence, there shall be interim order as prayed for.

Post this matter along with W.P. No.19002 of 2021.

______ CPK,J SS/BSP