Dargah Hazrat Ghaleb Shaheed, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.24557 of 2018 ORDER:

Heard Mr.A.M.Qureshi for petitioners and Mr.Arifulla for 3rd respondent.

The petitioners pray for mandamus declaring the threatened action of 3rd respondent in dispossessing the petitioners 2 to 6 from the area/premises leased out in favour of petitioners 2 to 6 in Sy.No.600 at Gollapudi Village, Vijayawada, Krishna District, without recourse to law as illegal and unconstitutional.

The prayer briefly states the foundation on which the petitioners are invoking the jurisdiction of this Court under Article 226 of Constitution of India and to meet the circumstances under which the prayer of not dispossessing the petitioners except in accordance with law is made. The counsel appearing for the parties made a few submissions on the merits of their respective cases. This Court is not pursuaded to examine the contentions urged by the parties. Keeping in view the consensus on a few submissions, the writ petition is disposed of as follows: Mr.Arifulla states that the 3rd respondent is required to follow the procedure stipulated by law for evicting the petitioners or for that matter an encroacher of Wakf land and he informs the Court that the procedure prescribed in this

behalf will be followed by 3rd respondent either for eviction or seeking vacant possession of Wakf property.

The statement is placed on record and accepted. The petitioners are under obligation not to change the physical features of Wafk property but utilize the premises granted for the limited purpose of occupation. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Date: 17.07.2018 dv