APHC010184542016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5615/2016 Between: Md. Basha, Kurnool Dist ...PETITIONER AND C E O A P State Wakf Board Hyd 5 Ot and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MD SHARFUDDIN Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. SHAIK KARIMULLAH (SC FOR WAKF BOARD RAYALASEEMA) 3. GP FOR REVENUE (AP) The Court made the following ORDER: Heard Smt. Bandaru Radhika, learned counsel representing Sri Md.Sharfuddin, learned counsel for the petitioner, Sri Sk.Khaza Basha, learned standing counsel for 1st respondent and Sri K.Bhagat Singh, learned Assistant Government Pleader for Revenue for respondents 2 and 3. Notice in respect of respondents 5 and 6 is dispensed with since no adverse order is passed affecting their rights. 2 2. The petitioner, Muthawalli of Dargah Hazrath Masoom Basha, filed the above writ petition to declare the inaction of respondents 1 to 4 in initiating any steps on the oral representation dated 14.02.2016 submitted by the petitioner to safeguard the immovable properties of an extent of Ac.5-10 cents in Sy.No.186/2 of Banaganapalli Town and Mandal, Kurnool District, as illegal and arbitrary. 3. The Dargah Hazarath Masoom Basha was registered in A.P.State Waqf Board and published in the Andhra Pradesh Gazette, dated 02.05.1963. The grievance of the petitioner is that respondents 5 and 6 are trying to encroach on part of the properties and hence, he made an oral representation on 14.02.2016, however, respondents 1 to 4 have not taken any action. Hence, the above writ petition is filed. 4. Learned standing counsel would submit that the 1st respondent will follow the procedure mandated under Section 54 of A.P.Waqf Act (for short “the Act”) and Rule 53 of A.P.Waqf Board Rules, 2023 (for short “the Rules”). 5. Section 54 of the A.P.Waqf Act, 1995 prescribes the procedure for removal of encroachment from Waqf property. Section 54(1) speaks about the complaint or suo moto of initiation of proceedings. Section 54(2) envisages about notice. Rule 53 of the Rules outlines service of notice. Sub Section (3) of Section 54 speaks about summary inquiry upon receipt of objections and the obligation on the part of the Chief Executive Officer to make an application to the Tribunal for grant of an order of eviction for removal of any encroachment. Sub Section (4) of Section 54 envisages the procedure after an application made by the Chief Executive Officer by the Tribunal. Sub Section (5) of Section 54 envisages after eviction an order was passed by the Tribunal. 3 6. In the case at hand, the petitioner allegedly made an oral representation dated 14.02.2016 and approached this Court. 7. Learned standing counsel, on instructions, would submit that the Chief Executive Officer will verify the Waqf land and shall initiate necessary action as per Section 54 of the Act. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the 1st respondent to follow the procedure mandated under Section 54 of the A.P.Waqf Act, 1995 r/w Rule 53 of the A.P.Waqf Rules, 2023. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 12.03.2025 KA 4 83 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5615/2016 Date: 12.03.2025 KA