A.P. State Wakf Board, v. Syed Yaseen Ali ( Tenant )

HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.4644 of 2005 ORDER:

This revision is preferred challenging the order dated 01.03.2005 in O.S.No.145 of 2000 on the file of the Andhra Pradesh Wakf Tribunal, Hyderabad, whereunder O.S.No.145 of 2000 filed by Andhra Pradesh Wakf Board is dismissed.

2. On 09.12.2010 this Court observed that there is no substance in the revision and passed the following order: "Since this revision arose out of the suit filed by the Wakf Board for eviction of the tenant under Section 83 of the Wakf Act, in view of the latest pronouncement of the Supreme Court holding that civil court alone is competent to try the suits, prima facie, I do not see any substance in this revision petition.

However, as the learned counsel appearing for the petitioners seeks time on the ground that review petitions are likely to be heard by the Honourable Supreme Court, list after four weeks along with C.R.P.Nos.4469, 4470 and 4512 of 2005 under the caption 'for orders'"

The connected C.R.P.Nos.4469 and 4512 of 2005 were disposed of by this Court, by an order dated 04.02.2011, dismissing the revisions basing on the judgment of Apex Court in Ramesh Gobindarm (dead) through Lrs. V. Sugra Humayun Mirza Wakf[1], holding

that suits filed before Wakf Tribunal are not maintainable. Facts of C.R.P.Nos.4469 and 4512 of 2005 are similar to the facts of this case. Therefore, considering the orders of this Court in C.R.P.Nos.4469 and 4512 of 2005 and the earlier opinion expressed by this Court in this revision on 09.12.2010, I am of the view that the revision is devoid of merits and liable to be dismissed.

5. Accordingly, the civil revision petition is dismissed. No costs.

6. Miscellaneous Petitions, if any, shall stand closed. __________________ S. RAVI KUMAR, J 25th March 2015.

mar [1] 2010 (5) A.L.T. 35 (SC)