Shaik Mohammed v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.5506 OF 2018 ORDER:

This writ petition is filed seeking the following relief: "...to issue a Writ or Writs more appropriately a Writ of Mandamus declaring the action of respondent Nos.2 to 4 in trying to dispossess the petitioner from the wakf institution Masjid-E-Mohammedia, Wakf Complex and Graveyard consisting of Acre 1.60 cents situated at Sri Rangapuram Village, Kodad Mandal, Suryapet District, T.S., as illegal, void, ultra virus and unconstitution in the interest of justice and equity and to pass such other order or orders as the court may deem fit and proper in the circumstances of the case." Heard learned counsel for the parties.

When the matter is taken up for hearing, counsel for the petitioner had contended that the petitioner is the Mutawalli of the Wakf Institution, which owns large extent of lands, and the petitioner by virtue of Mutawalli is taking care of the properties of the Wakf Board, but the respondents are trying to dispossess the petitioner from the Wakf properties without following due process of law. Counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the respondents to follow due process of law before dispossessing the petitioner from the wakf properties.

Standing Counsel appearing for the 5th respondent had contended that it is the Revenue administration which is trying to interfere with the wakf properties.

Government Pleader appearing for respondent Nos.1 to 4 had contended that the petitioner would not be dispossessed without following due process of law and appropriate orders would be passed in accordance with law for dispossessing the petitioner from the wakf properties.

This Court, having considered the submissions of learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the Revenue administration to follow due process of law before dispossessing the petitioner from the wakf properties.

With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J Dated: 3rd February, 2020 v v