1 HN, J W.P.No.14490 _2024 APHC010282302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14490/2024 Between: 1. MIR MAZHAR ALI,, S/O. J.M. KAZIM ALI SAHEB, AGED ABOUT 50 YEARS, OCC HEREDITARY MUTAWALLI OF HAZARATH PASHA SHAHEED DARGAH, R/O. D. NO. 6B-2-59, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH- 534001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINORITY WELFARE, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE A P STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER OFFICE AT 4TH AND 5TH FLOOR, IMDAD GHAR, VIJAYAWADA KRISHNA DISTRICT A.P. 4. THE INSPECTOR AUDITOR, WAQF, ELURU. ELURU DISTRICT 5. THE MUNICIPAL CORPORATION, ELURU, REPRESENTED BY ITS COMMISSIONER, ELURU-534001. 6. THE DISTRICT COLLECTOR, ELURU DISTRICT, ANDHRA 2 HN, J W.P.No.14490 _2024 PRADESH 7. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, AT ELURU, 8. THE STATION HOUSE OFFICER, I TOWN POLICE STATION, NEAR LIC OFFICE, ELURU, ANDHRA PRADESH - 534001. 9. SRI JELLALLAMUDI SRINIVASA RAO, S/O. LATE NARASIMHA RAO, AGED ABOUT 50 YEARS, OCC MASON, R/O. D. NO. 6B-2- 54/2, SOUTHERN STREET PONANGI ROAD, ELURU, ANDHRA PRADESH-534001. 10. SRI JELLALLAMUDI NAGA BABU, S/O. LATE VENKATESWARA RAO, AGED ABOUT 40 YEARS, OCC MASON, R/O. D. NO. 6B-2- 54/2, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH-534001. 11. SRI JELLALLAMUDI UMA MAHESWARA RAO, S/O. LATE VENKATESWARA RAO, AGED ABOUT 30 YEARS, OCC MASON, R/O. D. NO. 6B-2-54/2, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH-534001. 12. SRI JELLALLAMUDI SATYA NARAYANA, S/O. LATE VENKATESWARA RAO, AGED ABOUT 35 YEARS, OCC MASON, R/O. D. NO. 6B-2-54/2, SOUTHERN STREET PONANGI ROAD, ELURU, ANDHRA PRADESH-534001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ of mandamus or suitable writ declaring the inaction of the 5th and 8th respondents i.e., Municipal corporation, Eluru and Station House Officer, I Town police station, Eluru for demolition of illegal structures and registering a crime against the unofficial respondents 9 to 12 herein for illegally encroaching and Constructing structures in the subject Waqf Institution land is violation of petitioners fundamental rights guaranteed under Article 14, 15, 16, 19, 21 and 300-A of the Constitution of India and subsequently direct the official 5th and 8th respondents to take action on illegal constructions of structures in the waqf notified land of subject waqf institution for demolition of illegal structures and filing a crime against 9 to 12 unofficial respondents/encroachers herein and pass 3 HN, J W.P.No.14490 _2024 IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to direct the 5th & 8th respondents herein to stop the ongoing constructions in the subject waqf institution land in the interest of natural justice and protecting the waqf land from illegal encroachers pending disposal of the above writ petition in the interest of justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to file counter in the WP.No. 14490of 2024 in the interest of justice and pass Counsel for the Petitioner: 1. MD SALEEM PASHA Counsel for the Respondent(S): 1. GP FOR HOME 2. KAMBHAMPATI RAMESH BABU 3. GP FOR REVENUE 4. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 5. GP FOR SOCIAL WELFARE 6. SHAIK KHAJA BASHA 7. GP MUNCIPAL ADMN AND URBAN DEV AP 4 HN, J W.P.No.14490 _2024 ORDER: 1. The petitioner is seeking a declaration regarding the inaction on the part of respondent Nos.5 and 8 in demolishing illegal structures and in registering a crime against the respondent Nos.9 to 12. The learned counsel for the petitioner submits that the property is under their occupation and that the same property has been notified as a Wakf property vide notification dated 16.04.2012. 2. The learned counsel appearing for the respondent Nos.9 to 12 submits that they have filed O.S.No.1091 of 2001, which was decreed after a full- fledged trial by the I Additional Junior Civil Judge, Eluru, on 09.09.2014. Thereafter, respondent Nos.3, 4 and 5 therein filed an appeal, A.S.No.75 of 2016, on the file of the Family Court-Cum-VII Additional District Judge, Eluru. I.A.No.496 of 2024, filed along with A.S.No.75 of 2016, was dismissed on 22.08.2023. 3. It is submitted by the learned counsel for the respondent Nos.9 to 12 that the petitioner is claiming title to the property and seeking declaration of title and recovery of possession; therefore, the petitioner would be required to approach the competent civil court for such relief. 4. Respondent No.5, in their counter, has submitted that the Andhra Pradesh State Wakf Board could have requested the 5th respondent to demolish the four unauthorized structures as per law. It is also stated that the 5th respondent issued notices to the respondent Nos.9 to 12 on 31.07.2024 and that steps have been taken to prevent further construction on the said property. It is further stated in the counter that the 5th respondent has 5 HN, J W.P.No.14490 _2024 received representations; issued replies to the show cause notices, and vide proceedings, it is submitted that no further action have been taken pursuant to the replies submitted by the respondent Nos.9 to 12. 5. Heard the learned counsel for the petitioner, the learned Standing counsel for respondent No.5, and the learned counsel appearing for the respondent Nos.9 to 12. 6. Considering the submissions of the learned counsel appearing for the respondent Nos.9 to 12 that the respondents have purchased the property from their vendors, who in turn purchased the property in a Court auction, and noting that there is a dispute with regard to the title of the property, the petitioner, by virtue of the notification dated 16.04.2012, is claiming the property as a Wakf property, whereas the respondent Nos.9 to 12 are claiming title over the property by virtue of a sale deed executed by their vendors, who in turn purchased the said property in a Court auction. 7. Considering the title dispute, it is open for the petitioner to agitate the grievance before the appropriate forum. With these observations, the writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:15.09.2025 NKA 6 HN, J W.P.No.14490 _2024 180 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:14490 of 2024 Date: 15.09.2025 NKA