Andhra Pradesh High Court - Amravati
Maddukuri Venkata Raju vs The State Of Andhra Pradesh on 29 September, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.21807 of 2021
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE.
01 29.09.2021 AVSS, J
Learned Government Pleader for Revenue
takes notice for R1 and R3 to R5 and
Sri K.Asad Ahmed Khan, learned Standing
Counsel, takes notice for R2 and R6.
Notice to R7.
Learned counsel for the petitioners is also
permitted to take out personal notice to R7 by
RPAD and file proof of service.
In the present Writ Petition, challenge is
to the Gazette Notification, dated 09.03.2017,
issued by the A.P.State Waqf Board in respect
of the lands admeasuring Ac.1.62 cents and
Ac.1.07 cents situated in S.No.93 of Koruprolu
Village, S.Rayavaram Mandal, Visakhapatnam
District; the Requisition, dated 25.06.2019,
issued by the Waqf Board under Section 52 (1)
of the Waqf Act, 1995 (for brevity, 'the Act') and
the proceedings of the District Collector,
Visakhapatnam-third respondent herein, dated
31.07.2021.
Petitioners herein claim to be the owners and possessors of the above mentioned landed properties. It is further stated by the learned counsel that the petitioners herein purchased the said property by way of registered sale 2 W.P.No.21807 of 2021 deed, bearing Nos.1032 and 1033 of 2021, dated 22.02.2021, from one Smt.B.Kowsalya- R7 herein. The Chief Executive Officer, A.P.State Waqf Board-second respondent herein issued a show cause notice, under Section 51 of the Act, vide F.No.06/ VSP/Prot/2016, dated 30.12.2017, calling upon R7 to explain as to why necessary action should not be initiated for removal of the alleged illegal possession in respect of the subject property. It is stated that, on 28.02.2018, petitioners' vendor-R7 submitted an explanation in response to the said show cause notice and, thereafter, the Chief Executive Officer of the Waqf Board-second respondent herein issued a notice of enquiry, dated 23.05.2018, asking R7 to appear for the enquiry.
According to the learned counsel for the petitioners, R7 attended the said enquiry and, vide letter, dated 27.06.2018, R7 herein also submitted the necessary documents. Subsequently, the State Waqf Board sent a requisition to the Collector & District Magistrate-R3 vide F.No.06/VSP/ Prot/2016, dated 25.06.2019, requesting R3 to take necessary steps for eviction of R7 and to deliver vacant possession to the Inspector Auditor, Waqfs, Visakhapatnam District-R6. Subsequently, in furtherance of the same, the District Collector vide proceedings No.13/VSP/KPL/IDG&BG/ WAQF/2021, dated 31.07.2021, directed R7 to deliver possession 3 W.P.No.21807 of 2021 of the Waqf property to the Inspector Auditor Waqfs, Visakhapatnam-R6 through the Tahsildar, S.Rayavaram Mandal-R5.
In the above background, petitioners herein, while pleading that they purchased the subject property from R7, by way of registered sale deeds, dated 22.02.2021, have come up before this Court by way of the present Writ Petition. It is submitted by the learned counsel for the petitioners that the impugned Gazette Notification, dated 09.03.2017, is contrary to Section 36 (7) of the Act and, in elaboration, it is further contended that, without any proper enquiry, the said notification came to be issued by R2 and, as such, the said notification cannot be sustained in the eye of law. It is also the submission of the learned counsel that the petitioners' vendor's vendor secured the pattadar pass books and title deeds from the revenue authorities and, seeking cancellation of the same issued in favour of Sri Sk.Khalisha Shareef and Sk.Hussain Sharif, certain villagers belonging to Muslim community, filed a petition before the Revenue Divisional Officer.
It is further stated that, during the course of enquiry, the Revenue Inspector, Waqf Board also participated and the Revenue Divisional Officer, eventually, passed an order vide proceedings in Dis.No.22/2016/IDT, dated 21.02.2017, dismissing the said petition, as such, without assailing the validity of the said order, the invocation of the provisions of the Act by the respondents, in order to circumvent 4 W.P.No.21807 of 2021 the said orders, is neither sustainable nor tenable in the eye of law. It is submitted that the petitioners herein, ever since the date of purchase of the property, have been in possession and enjoyment of the same.
On the contrary, strenuously resisting the very maintainability of the Writ Petition, it is submitted by the learned Standing Counsel that, though the show cause notice, dated 30.12.2017, issued by the A.P.State Waqf Board, also referred to the subject Munthakhab, vendor of the petitioners herein did not take any steps in terms of Section 6 of the Act, by filing a civil suit before the Waqf Tribunal and allowed the notification to become final, as such, the present Writ Petition is liable to be dismissed on the said ground alone. It is further submitted that Section 36 of the Act cannot be made applicable to the present case since the impugned Gazette Notification came to be issued under Sections 40 and 41 of the Act.
It is also brought to the notice of this Court by the learned counsel for the petitioners that the vendor of the petitioners-R7 also filed W.P.No.19065 of 2021 before this Court and this Court, on 03.09.2021, granted the order of status quo and the said Writ Petition is pending consideration before this Court.
In the considered opinion of this Court, various points, now sought to be urged by the learned counsel for the petitioners so also the 5 W.P.No.21807 of 2021 learned Standing Counsel, are required to be examined after filing counter-affidavit by the respondents. Since the petitioners herein claim to be in possession of the property, in the considered opinion of this Court, equity lies in favour of the petitioners to maintain status quo as on today.
For the aforesaid reasons, all the parties to the present Writ Petition shall maintain status quo, as on today with regard to the subject property, pending further orders.
Post along with W.P.No.19065 of 2021.
_________ AVSS,J Tsy