Mir Bauqar Ali Khan v. Revenue Divisional Officer,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.3976 OF 2009

ORDER

This writ petition is filed seeking the following relief: "to issue any writ, or order or directions more particularly one in the nature of Writ of Mandamus in delaying to remove the encroachments in Chader Ghat Dargah Takia Hazrat Faizullah Shah Saheb of the encroachment of Shri Nissar Ahmed Son of Khuddush of 560 sq yards in H.No.16-7-784 and 784/1, Chaderghat, Malakpet, Hyderabad, in pursuance of the proceedings of the 1st respondent namely the Revenue Divisional Officer and Sub Divisional Magistrate, Hyderabad Division, vide his proceedings No.H/1066/2004, dated 3.9.2007 and grant pass other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

Heard learned counsel on either side.

Learned counsel appearing for the petitioner contended that on 28.3.2003 the 2nd respondent-Wakf Board has issued notice of encroachment to the 4th respondent, for which, he submitted his explanation. Later, the 2nd respondent has passed an order declaring the 4th respondent as an encroacher. Thereafter, the 2nd respondent has requested the Revenue Administration to ensure that the 4th respondent is evicted from the wakf land. It is prayed that appropriate orders be passed in the writ petition directing the Revenue Administration to act upon the request made by the 2nd

respondent and ensure that the 4th respondent is evicted from the wakf land.

Learned Standing Counsel as well as learned Government Pleader appearing for the respondents contended that the Revenue Administration would act on the request made by the 2nd respondent and appropriate action would be taken in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this writ petition can be disposed of directing the Revenue Administration to act upon the request made by the 2nd respondent and take steps for eviction of the encroachments made in the wakf land, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 11.2.2020 rkk