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2012 DIGILAW 71 (AP)

Siyanat Welfare Association, Hyderabad v. Principal Secretary, Minority Welfare and Wakfs, Govt. of A. P.

2012-01-23

SAMUDRALA GOVINDARAJULU

body2012
ORDER :- The petitioner, namely, Siyanat Welfare Association, which is a registered society, filed this writ petition seeking mandamus against inaction of the 3rd respondent/A.P. State Wakf Board in taking any action on the complaint transmitted by the 2nd respondent/Member Secretary, A.P. State Legal Services Authority, Hyderabad to protect the Wakf property. 2. The subject-matter of this writ petition is property bearing No.12-1 (old), present No.1-7-323 in about 325 square yards, situated at Parklane, Secunderabad which is stated to be a most valuable property. The said property was notified as Wakf property by A.P. Gazette dated 9.2.1989. While so, the 8th respondent filed OS No.73/1995 against the Faizul Islam Orphanage and Dawood Jung Trust, represented by its Trustee for declaration of his title and permanent injunction in respect of the said property in the Court of III Additional Judge, City Civil Court, Secunderabad. The said civil Court by judgment and decree dated 28.12.1995 passed decree against the defendant therein, directing not to interfere with the peaceful possession and enjoyment of the plaintiff therein in respect of that property and also declaring that the plaintiff therein who is 8th respondent herein as owner of the said property. Grievance of the petitioner is that it is a valuable Wakf property and in spite of the said decree obtained by the 8th respondent behind the back of the A.P. State Wakf Board, no action was taken by the 3rd respondent in this matter. When the petitioner sent a representation to the Hon'ble the Chief Justice, it is stated that the representation was sent to the 2nd respondent, namely, Member Secretary, A.P. State Legal Services Authority, Hyderabad, who in turn forwarded the said representation to the 3rd respondent for taking necessary action in this matter, and that in spite of the said activity, the respondent is not taking any action for protecting the said property. 3. 3. The 3rd respondent, inter alia filed counter in this writ petition to the effect that Wakf Board is not a party to the proceedings before the civil Court and to the judgment and decree passed therein; that any transaction relating to Wakf property is void and illegal under Section 51 of the Wakf Act, 1995 (in short "the Act"); and that even though Managing Committee of Faizul Islam Orphanage and Dawood Jung Trust, Secunderabad approached for registration of the sale deed for the property, a letter was addressed to the Sub-Registrar, Maredpally, Secunderabad, requesting not to register sale deed in respect of the said property. It is pointed out in the counter of the 3rd respondent that the petitioner has failed to file any application under Sections 70 and 71 of the Act and Rule 24 of the A.P. Wakf Rules, 2000 mentioning specific allegation against any individual or any Trust. 4. Under Section 83 of the Act, the State Government constituted A.P. Wakf Tribunal, Hyderabad for determination of any dispute, question or other matter relating to a Wakf or Wakf property under the Act. Under sub-section (2) of Section 83 of the Act, any mutawalli, person interested in a Wakf or any other person aggrieved by an order made under the Act, or the rules made thereunder, is at liberty to make an application to the Tribunal for determination of any dispute, question or other matter relating to the Wakf. As interested person the petitioner could have approached the Tribunal for necessary relief in this regard. 5. In any event, when the property in question is notified as Wakf property under Section 4(3) of the Act, it is for the 3rd respondent to take action under Sections 50 to 55 of the Act for preserving the property. It is not the 3rd respondent's case that the property in question is not a Wakf property. Therefore, it is duty of the State Wakf Board to take action accordingly to preserve the Wakf property. 6. In the circumstances, the writ petition is disposed of, the 3rd respondent to take appropriate action, as per law, for protecting the property in question by way of initiating the proceedings, within six months from the date of communication of this order to him. No costs.