APHC010157402014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21726/2014 Between: Vattukuri Durga Bhavani, and Others ...PETITIONER(S) AND Andhra Pradesh State Wakf Board and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M SOLOMON RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. SHAIK KHAJA BASHA The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.21726 OF 2014 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “issue a writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for entire records connected to proceedings No F.No.23/PROT/WG/2012-83 dated 23.05.2014 issued by 2nd respondent, examine the same and set it aside after declaring the same as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice and provisions of The Waqf Act, 1995 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the 1st petitioner from her lands of Ac.1.07 cents covered by survey number 268 of Pasivedala Revenue Village of Kovvur Mandal, West Godavari District pass such other order or orders...” 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. Learned counsel for the petitioners submits that the petitioner No.1 is the absolute owner and possessor of the lands admeasuring to an extent of Ac.1.07 cents situated in Sy.No. 268 of Pasivedala Revenue Village, Kovvur Mandal, West Godavari District, having acquired the same from petitioner No.2 through a registered settlement deed dated 30.10.2002. While things stood thus, respondent No.2 issued notices dated 27.01.2014, 12.03.2014 under Section 54(1) of Wakf (Amendment) Act, 2013 to the petitioner No.2 calling for explanation why she should not be evicted from the subject land since the subject land belongs to the 1st respondent. Pursuant to the said notices, the petitioner No.2 herein submitted her explanation/ objections dated 15.04.2014. Earlier, the 2nd respondent also issued a notice dated 04.10.2012 under Section 54(1) of Wakf Act, 1995. For which, the petitioner No.2 herein submitted her explanation/ objection on 06.11.2013. Without considering the said explanations/ objections, the 2nd respondent passed orders dated 23.05.2014 notifying the subject lands as Wakf lands and directed the petitioners to vacate from the subject lands. Aggrieved by the said eviction order, the petitioners herein filed the present writ petition. 4. Learned counsel for the petitioner further submits that without following the due procedure as contemplated under Section 54(3) of Wakf Act, 1995, the respondents cannot issue an order of eviction dated 23.05.2014 to the petitioner which is illegal, arbitrary and contrary to the settled proposition of law. Therefore, for eviction of the petitioner form notified and Wakf property, the Board shall recourse the procedure as contemplated under Section 54(3) of the Act, 1995 only. 5. On the other hand, learned counsel for the respondents submits that let there be a direction to the respondents to follow the due procedure as contemplated under Section 54(3) of the Wakf Act, 1995 and Rules, made thereunder while proceeding for removal of encroachments from the subject property if the subject property is notified as wakf property. 6. For better understanding Section 54 of the Wakf Act, 1995 is extracted hereunder: 54. Removal of encroachment from wakf property.— (1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is waqf property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli. (2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed. (3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is waqf property and that there has been an encroachment on any such waqf property, he may, make an application to the Tribunal for grant of order of eviction for removing such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the waqf. (4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property. 7. On perusal of Sub-section 3 of the Section 54 of the Act, it is evident that if the Chief Executive Officer is satisfied that the property in question is a wakf property and that there has been an encroachment on the said property, the Board has to make an appropriate application before the wakf tribunal seeking an order of eviction of such encroachment. 8. Having considered submissions made by the learned counsel for the petitioners and learned counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents not to dispossess the petitioners from the subject property without following the due procedure as contemplated under Section 54(3) of the Wakf Act, 1995. 9. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 22.01.2025 BSP 332 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.21726 of 2014 22.01.2025 BSP