Andhra Pradesh High Court - Amravati
Shaik Khaji Ahammad Ghouse vs The State Of Ap on 15 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) | IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 23876 OF 2020 Between: Shaik Khaji Anammad Ghouse, S/o. Shaik Khaji Khaja Hussain, Aged 67 years, Muthavalli, Asar-e-Sharif Dargah 2-501, Balaji Complex, Nandyala, Kurnool District. ...Writ Petitioner AND 1. The State of AP, Rep.by its Principal Secretary, Minorities Welfare Department, Secretariat, Valagapudi, Guntur District. The District Waqf Protection Committee, Rep. by the District Collector, Kurnool District Kurnool. The Superintendent of Police, Kurnool District Kurnool. The A.P.State Waaf Board, Rep.by its Chief Executive Officer, Vijayawada. The Tahsildar, Chagalamarri Mandal Kurnool District. The Station House Officer, Chagalamarri Police Station Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. NOOB WO N ©0 ...Respondents WHEREAS the Petitioner above named through his Advocate Sri G Ramesh 'Babu presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order, or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Nos. 2 and 4 herein in not taking action as contemplated in G.O.Ms.No.18, Minorities Welfare (IDM) Department, dated 13.10.2014 and also Section 52 of the Waqf Act, 1995 against the 8th Respondent herein as illegal, arbitrary, unconstitutional and consequently direct the Respondent Nos. 2 And 4 to take action against the 7th Respondent herein and protect the land an extent of 16 Sq.Yards ( 2 Ankanas) covered by Sy.No.746/1A and 746/1AB1 of Chagalamarri village, Kurnool District in accordance with G.O.Ms.No. 18, Minorities Welfare (IDM) Department, dated 13.10.2014 and also Section 52 of the Waaf Act, 1995. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri G Ramesh Babu, Advocate for the Petitioner and of GP for Minority Welfare for Respondent No.1, GP for Revenue for Respondent Nos.2 & 5, GP for Home for Respondent Nos. 3 & 6, Sri Karimulla, Standing Counsel for Respondent No.4, Sri N.Ranga Reddy, Standing Counsel for Respondent No.7 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: . . 1. The Principal Secretary, Minorities Welfare Department, State of AP, Secretariat, Valagapudi, Guntur District: 2. The District Collector, District Waqf Protection Committee, Kurnool District Kurnool. The Superintendent of Police, Kurnool District Kurnool. The Chief Executive Officer, A.P.State Waqf Board, Vijayawada. The Tahsildar, Chagalamarri Mandal Kurnool! District. The Station House Officer, Chagalamarri Police Station Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. NO or BO oo are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 05.01.2021, on which date the case stands posted for hearing. IA NO: 1 OF 2020 ; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to DIRECT the Respondent No.8 NOT TO CHANGE the physical features of the subject land i.e., extent of 16-Sq.Yards ( 2 Ankanas ) covered by Sy.No.746/1A and 746/1AB1 of Chagalamarri Village, Kurnool District including raising any construction, pending disposal of WP No.23876 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission.
Learned counsel for the petitioner is permitted to take out personal notice to the unofficial respondent by 'RPAD' and file proof of service. Learned counsel for the petitioner submits that the land, an extent of 16 square yards situated in Sy.No.746/1A and 746/1AB1 of Chagalamarri village, Kurnool District is a notified waqf property attached to the waaf institution -- Asar-e-Sharif. The petitioner, being a mutawalli of the said waqf institution made a complaint to the Inspector Auditor Waqf, on 18.11.2020, complaining that the 8". respondent illegally occupied the subject land and trying to construct a house, without obtaining permission either from the 4" respondent or any competent -- authority. Pursuant thereto, the Inspector Auditor addressed a letter to the 5th and 6" respondents and Mandal Parishad Development Officer to take immediate action to evict the encroacher - 8°" respondent and stop the illegal construction immediately in the interest of subject waqf institution. If the 8 respondent constructs a house in the subject land, belonging to the waqf institution, the waqf institution will be put to irreparable loss and hardship. Having regard to the submissions of the learned counsel and on perusal of the material record, this Court is prima facie satisfied that the petitioner has shown sufficient cause for granting an interim order. There shall be interim direction to the respondents 1 to 7 to take appropriate action to prevent the 8'" respondent from making any constructions in the subject waqf property viz., an extent of 16 square yards covered by Sy.No.746/1A and 746/1AB1. 8'" respondent is also directed not to change the physical features of the subject land.
Post on 05.01.2021." ay ny are Sd/- M. SURYANADHA REDDY ASSISTANT REGISTRAR I(TRUE COPY// For ASSISTANT REGISTRAR To, NOORW N ©0
9. . The Principal Secretary, Minorities Welfare Department, State of AP, Secretariat, Valagapudi, Guntur District.
The District Collector, District Wagf Protection Committee, Kurnool District Kurnool.
The Superintendent of Police, Kurnool District Kurnool. The Chief Executive Officer, A.P.State:-Waaqf Board, Vijayawada. The Tahsildar, Chagalamarri Mandal Kurnool District. The Station House Officer, Chagalamarri Police Station Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. Mulla Jafar Hussain, S/o. Mulla Abdul Khadar 1-57/1, Gangamma Veedhi Chagalamarri Village and Post Kurnool District. (1 to 8 by RPAD- along with a copy of petition and Affidavit) One CC to Sri. G Ramesh Babu, Advocate [OPUC]
10.One CC to Sri. Karimulla, Standing Counsel [OPUC]
11.One CC to Sri. N. Ranga Reddy, Standing Counsel [OPUC]
12. Two CCs to GP for Minority Welfare, High Court of AP [OUT]
13. Two CCs to GP for Revenue, High Court of AP [OUT]
14. Two CCs to GP for Home, High Court of AP [OUT]
15.One spare copy.
MSB HIGH COURT MGR,J DATED:15/12/2020 ORDER POST ON 05.01.2021 NOTICE BEFORE ADMISSION WP.No.23876 of 2020 INTERIM DIRECTION