Nawabuddin v. The Chairman

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11125 OF 2009 O R D E R :

This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not getting the Wakf lands, "Quazaith Inam Lands" situated in Sy.No.46, admeasuring Ac.13-17 guntas, Bela Village and Mandal, Adilabad District, published in the Official Gazette under Section 5 of the Wakf Act, 1995 (for short 'the Act) as per the Survey Commissioner Report prepared under Section 4 of the Act in the year 2003, as illegal and violative of Sections 4 & 5 of the Act and sought for a consequential direction to the respondents to get the said lands published in the Official Gazette as "Quaziath Inam Lands" as per Section 5 of the Act. When the matter is taken up for hearing, none appears for the petitioner inspite of listing the matter under the caption 'for dismissal'

Learned Standing counsel appearing for the respondents had contended that if the petitioner submits a representation, the respondents would consider the same and pass appropriate orders in accordance with law.

This Court, having considered the submissions of the learned Standing counsel, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the respondents within two weeks from the date of receipt of a copy of this order seeking the lands in question published in the official gazette as "Quaziath Inam Lands" and upon such representation being received, the respondents shall consider the same and pass appropriate orders in accordance with law.

This writ petition is accordingly disposed of. No order as to costs.

As a sequel, miscellaneous applications, if any, shall stand closed.

_________________________________ ABHINAND KUMAR SHAVILI,J Date: 05.02.2020 dv