Potu Shivaiah , Siva, v. State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.27774 OF 2016 ORDER:

This petition is filed for a writ of Mandamus declaring the action of the 3rd respondent in evicting the petitioner from the land admeasuring 222 Sq.Yards in Survey No.708, situated at Palwancha Village and Revenue Mandal, Khammam District, as illegal and arbitrary and for a consequential direction to the respondents not to evict the petitioner from the aforesaid land. The case of the petitioner is that he was issued notice dated 04.04.2008 by the 3rd respondent in Rc.No.B/997/2008 basing on the representation of the 4th respondent wherein the 4th respondent alleged that basing on the Errata Notification dated 13.10.2005 the land in occupation of the petitioner belongs to Wakf Board.

Thereafter, the petitioner appeared before the 3rd respondent but the meeting was postponed on the pretext of pendency of several writ petitions in the High Court challenging the Errata notification of A.P.State Wakf Board. It is also stated that as this Court quashed the Errata Notification dated 13.10.2005 on 17.10.2012, the 3rd respondent has not disturbed the petitioner for all these years. However, on 06.08.2016, the officials of the 3rd respondent visited the petitioner's residence in Survey No.708 and tried to evict the petitioner forcibly. Aggrieved by the same present writ petition is filed.

Learned counsel for the petitioner submits that the errata notification dated 13.10.2005 was quashed by this Court vide common order dated 17.10.2012 in WP.Nos.3206/2006, WP.No.4336/2006, WP.No.4367/2007 and WP.No.8593/2007

holding that the lands in Survey No.708, situated at Palwancha Village and Revenue Mandal, Khammam District belong to Government but not Wakf property.

Heard learned Assistant Government Pleader for Revenue. Since proceedings dated 04.04.2008 is only notice, it is for the petitioner to bring to the notice of the 3rd respondent about his objections, within a period of two weeks from today. On such submissions being made by the petitioner, the 3rd respondent shall consider the same and take appropriate action. Till then Status quo obtaining as on today shall be maintained. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 23.08.2016 t k