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Andhra High Court · body

2012 DIGILAW 258 (AP)

Mohd. Yousuf Ali v. A. P. State Wakf Board, Hyderabad

2012-03-09

SAMUDRALA GOVINDARAJULU

body2012
ORDER :- The petitioner claims to be tenant of Shadi Khana styled as Deendar Khan Function Plaza in S.No.223/1 of Kalvakunta Village, Sangareddy Mandal, Medak District, having taken the same on lease from Management Committee appointed by the respondent/Andhra Pradesh State Wakf Board. It is contended by the petitioner's Counsel that after expiry of term of Management Committee, the petitioner made representations to the respondent on 23.1.2012 and 6.2.2012 for continuation or renewal of lease in his favour. It is complaint of the petitioner that the respondent is not considering his representations. Therefore, the petitioner approached this Court under Article 226 of the Constitution of India for 'mandamus' against the respondent for considering his representations. 2. Before considering representations of the petitioner, the petitioner shall have prima facie case to show that he is the tenant in respect of the Shadi Khanal Function Plaza. According to the petitioner, lease in his favour was an oral lease by the Managing Committee. There is no receipt passed by the Managing Committee for payment of any rents by the petitioner for the said Shadi Khana. In the absence of any iota of evidence for the petitioner's claim of tenancy, the question of considering his representations by the respondent may not arise at all. It is open to the respondent to lease out Deendar Khan Function Plaza in accordance with the provisions of the Wakf Act. 3. In the result, the writ petition is dismissed.