APHC010793962016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 34921/2016 Between: Pathan Famida ...PETITIONER AND Andhra Pradesh Wakf Board Rep By Its Chief Executive Officer and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. L J VEERA REDDY Counsel for the Respondent(S): 1. MOHAMMED GAYASUDDIN 2. GP FOR REVENUE (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.34921 OF 2016 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 2nd and 3rd respondents in orally obstructing the construction of the house by the petitioner at D.No.4/275, Badulla Saheb Makan Street, Nagarajupet, Kadapa, Y.S.R. Kadapa District in spite of building permission and also in violation of orders of the 4th respondent is his Ref.A/493/2016 dated 28.07.2016 without issuing any notice and without passing any order as illegal, unjust, arbitrary, highhanded and against Article 300-A of the Constitution consequently direct the respondents not to obstruct the construction and enjoyment of the house bearing D.No.4/275, Badulla Saheb Makan Street, Nagarajupet Kadapa, Y.S.R.Kadapa District and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner’s husband is the absolute owner and possessor of the house in an extent of 89.09 Sq.Yds bearing D.No.4/275, Badulla Saheb Makan Street, Nagarjupet, Kadapa District (in Sy.No.18 of Nagarajupet, Kadapa). Thereafter, on 02.05.2016 the petitioner herein was granted building permission and accordingly, the petitioner got constructed a building in the subject place to some extent. While so, respondent Nos. 2 and 3 obstructed the construction without there being any authority and without following due process of law on the ground that the building in Sy.No 12 and 18 of Nagarajupet, YSR Kadapa district are Wakf properties. Pursuant to which, respondent No.4 submitted a report dated 28.07.2016 to respondent No.2 stating that joint survey was conducted by Kadapa Mandal Surveyor and also Town Surveyor, Kadapa Municipal Corporation and as per their report dated 14.07.2016, the subject house of the petitioner is classified as Grama Kantam. He further submits that if the wakf board produces any documents in respect of the subject house joint inspection will be conducted but without submitting the same, the respondents are obstructing with the construction of the petitioner. Hence, the writ petition. 4. On the other hand, learned Standing Counsel appearing for the respondents submits that as per the petitioner the subject land is classified as Grama Kantam land but originally the subject land is a notified wakf property. Therefore, to resolve the disputes as contended by respondent No.4 vide proceedings dated 28.07.2016, a joint survey has to be conducted between respondent No.2 as well as respondent Nos. 3, 4. The said survey and demarcation can be conducted in accordance with the Andhra Pradesh Survey And Boundaries Act, 1923. He further submits that the while initiating any action in respect of the petitioner’s construction, the respondents will follow due process of law as contemplated under the provisions of the Andhra Pradesh Survey And Boundaries Act, 1923 and the Wakf Act, 1995. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the material placed on record, without going into merits of the case, this Court is of the considered views that the present writ petition can be disposed of, directing respondent Nos. 1 to 4 herein to conduct a joint survey and demarcation between the property of respondent No.1 and respondent Nos. 2 and 3 i.e., Grama Kantam land in respect of subject land by following due process of law as contemplated under the Andhra Pradesh Survey And Boundaries Act, 1923 and the Wakf Act, 1995. 6. Accordingly, 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 13.02.2025 BSP 27 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.34921 of 2016 13.02.2025 BSP