Smt. Yasmeen Fatima vs The State Of Telangana
2023 Latest Caselaw 4048 Tel

Citation : 2023 Latest Caselaw 4048 Tel
Judgement Date : 15 November, 2023

Telangana High Court

Smt. Yasmeen Fatima vs The State Of Telangana on 15 November, 2023

Bench: Alok Aradhe, N.V.Shravan Kumar

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

   THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


              WRIT APPEAL No.1076 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


        Ms. Mohammad Hafsa, learned counsel representing

Mr. Mohammad Adnan, learned counsel for the appellant.

        Mr. Pattipaka Ram Prasad, learned Government

Pleader for Minority Welfare Department for respondent

No.1.

        Mr. Abu Akram, learned Standing Counsel for Wakf

Board for respondent No.2.


        2.   This intra court appeal has been filed against

an order dated 03.10.2023 passed by the learned Single

Judge in W.P.No.27372 of 2023, by which writ petition

preferred by the appellant has been dismissed.


        3.   Facts

giving rise to filing of this appeal briefly

stated are that the appellant claims to be in possession of

property bearing No.1-72/2, measuring 407 square yards, ::2::

situated at Neknampur Village, Gandipet Mandal, Ranga

Reddy District.

4. The appellant has filed W.P.No.27372 of 2023

seeking a direction to the respondents not to dispossess

her from the land in question.

5. The Wakf Board took a stand, which is recorded

in paragraph Nos.4 and 5 of the order. Paragraph Nos.4

and 5 of the order reads as under:

"4. Today, when the matter is taken up for consideration, Sri Abu Akram, learned Standing Counsel, placed before this Court the written instructions received from the respondents wherein it is stated as under:-

"It is submitted that there are several encroachers constructing structures on the waqf land, the 2nd respondent herein addressed a letter dated 29-08-2022 to the Assistant Director Survey and Land Records for conducting joint Survey and for fixing the boundaries.

It is submitted that this office received representation's dated 10-01-2023 and 28-03-2023 ::3::

from Janab Mohd. Abdul Rahman requesting to protect the waqf land, and received a complaint dated 06-06-2023 and 12-06-2023 from Janab Syed Sultan Mahiuddin Shah Quadri requesting to take legal action and book the cases against the said persons and safeguard the waqf property.

This office issued a memo dated 18-08-2023 to the I.A.'s waqf, and Surveyor of TSWB, Hyderabad and directed them to conduct spot inspection and enquire and submit factual detail report to this office.

It is submitted that the 2nd Respondent never interfered or tried to dispossess the petitioner from the subject property as averred by the writ petitioner. If any encroachers are found in the possession of the waqf property, Action will be taken against the encroacher by following due procedure of law as envisaged in waqf Act."

5. In the light of the above, it is clear that there is no attempt on the part of respondent Nos.2 to 4 in dispossessing the petitioner from the subject property. On the other hand, it is indicated that the respondents would follow due process of ::4::

law in case, if the petitioner encroaches into the property belonging to the Waqf- Board and refuse to vacate the same. Further, there is no material placed before this Court to satisfy that there is any such attempt made on behalf of the respondents to erect the name board in the property in question."

6. Thereupon, the learned Single Judge has

dismissed the writ petition with the following observation

made in paragraph No.6 of the order:

"6. In the circumstances, this Court is of the considered view that there is no cause of action for the petitioner to approach this Court. However, taking into consideration that respondents have categorically stated that they would follow due process of law, no orders are required to be passed in this writ petition."

7. The Writ Appeal must fail for the following

reasons: