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2020 DIGILAW 492 (TS)

Syed Haji v. State of Telangana

2020-06-17

T.VINOD KUMAR

body2020
ORDER : The present Writ Petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus – declaring the action of respondent Nos.10 and 11 in making illegal construction of grave yard over the notified waqf land attached to the waqf institution namely Ashurkhana in Sy. No.31/AB, published in the Gazette dated 01.03.1990 at serial No.16516 at page No.153, admeasuring Ac.1.15 guntas, situated at Jalalpur village and Panchayat Bhoodan Pochampally Mandal, Yadadri- Bhongir District, as being illegal and arbitrary. 2. The present writ petition is taken up for hearing today, i.e. 17.06.2020, through Video Conferencing. 3. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and learned Standing Counsel for 9th respondent-Waqf board, Sri G. Narender Reddy, learned Standing Counsel for Gram Panchayat, Sri Venkat Yadav, learned Government Pleader for Social Welfare appearing for the 2nd respondent. 4. Learned Counsel for the petitioner submits that the land admeasuring Ac.1.15 gts is a notified Waqf property and the 10th at the behest of the 11th respondent is encroaching into the said land of the 9th respondent and taking up construction of the grave yard therein. Being aggrieved by such high handed action of the 10th respondent gram panchayat, the petitioner who is the mutawalli, claims to have approached the respondent Nos.3, 5, 6 and 7 and submitted representations on 27.01.2020 and 09.06.2020. Learned counsel for the petitioner submits that the said authority having received the representations have not acted upon and did not take any action, as a result of which the 10th respondent is proceeding with the construction of the grave yard in a notified waqf property, hence the present writ petition. 5. Learned Standing Counsel appearing for the 10th respondent Gram Panchayat submits that even as per petitioner’s own admission, admittedly there is a Government land in Sy. No.12, which is abutting the land in Sy. No.31/AB belonging to 9th respondent and the 10th respondent Gram Panchayat has taken up construction of a grave yard in the government land located in Sy.No.12 and no part of the said construction is being made in 9th respondent waqf property as being claimed by the petitioner. 6. No.12, which is abutting the land in Sy. No.31/AB belonging to 9th respondent and the 10th respondent Gram Panchayat has taken up construction of a grave yard in the government land located in Sy.No.12 and no part of the said construction is being made in 9th respondent waqf property as being claimed by the petitioner. 6. Learned Standing Counsel also draws attention of this Court the representation made by the petitioner on 27.01.2020 wherein he is alleged that the 10th respondent Gram Panchayat through the 11th respondent is only asking for allowing access to grave yard from the land of the 9th respondent, but did not allege that the respondent authorities are making constructions of the grave yard in the 9th respondent waqf property of which the petitioner is mutawalli, as being contended in the present Writ Petition. He would further submit that it is only for the purpose of filing the present writ petition the petitioner has invented such plea of 10th respondent gram panchayat making construction of grave yard in waqf property and clearly is an after thought, is the submission of the learned Standing Counsel. 7. Having given due consideration to the submissions made by the Counsel appearing for the parties, this Court is of the view that, since the petitioner has already approached the 3rd respondent who is also the Chairman of the Committee which is empowered to protect the waqf properties in terms of G.O.Ms. No.3, Minorities Welfare (Estt.-1) Department dated 19.02.2016, this court is of the view that the said authority can be directed to look into the matter being complained off and dispose of the representation made by the petitioner within a time frame. 8. In view of the above, the 3rd respondent is hereby directed to dispose of the representation of the petitioner dated 27.01.2020, 09.06.2020 by taking necessary action thereon including demarcation of the waqf land of Ac.1.15 gts of the 9th respondent by getting the same surveyed and fixing the boundaries thereof within a period of two weeks from the date of receipt of a copy of the order. Upon the 3rd respondent causing enquiry, if it is found that the 10th respondent Gram Panchayat has encroached into the land of the 9th respondent waqf and has made any construction contrary to the submission made before this court, the 3rd shall also take steps to remove such construction and restore the property of the 9th respondent to its original status. 9. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.