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High Court for State of TelanganaWP/25814/2016dismissed no costs

Kambham Sriram Murthy, v. State Of Aridhra Pradesh,

2016-08-09M.S.Ramachandra Rao2 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.25814 of 2016 ORDER :

Heard the counsel for petitioner, and Sri Mohammad Irfan counsel for respondent nos.3 to 5.

2.

The petitioner's grievance is that he is in occupation of land belonging to Wakf Board, and that respondents are trying to evict him from the said premises.

3. The counsel for petitioner has also relied upon the decisions in A. Naga Prasad Rao v. State of Andhra Pradesh, rep. by its Principal Secretary, RWS & S Department and others[1] and Muppu Raju Lakshmi v. Andhra Pradesh State Wakf Board, rep., by its Chief Executive Officer, Hyderabad and another[2] in support of his plea that an encroacher cannot be directly vacated from Wakf premises without following procedure. 4.

I have no dispute with the said propositions, but since the petitioner has an effective alternative remedy before the Wakf Tribunal, constituted under the Wakf Act, 1955, granting liberty to petitioner to avail the said remedy, the Writ Petition is dismissed. No order as to costs.

5.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed. __________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 09-08-2016 Ndr/* [1] 2015 (4) ALT 716 [2] 2010 (3) ALT 244