SYED SHAH MOHAMOOD HUSSAINI Vs. MOHAMMED RAFIUDDIN KHAN

JUDGEMENT

(1.) The two petitioners filed instant writ petition seeking a writ of Mandamus to declare O.S. No. 1 of 2010 filed by first respondent on the file of the Andhra Pradesh State Wakf Tribunal is not maintainable. In effect they seek a writ of Prohibition against the Tribunal on the ground that it has no jurisdiction.

(2.) The brief fact of the matter with reference to the allegations made by petitioners is as follows. The land admeasuring Acs. 1.253/4 guntas situated at survey No. 90 of Bandlaguda Jagir Village of Rajendranagar Mandal in Ranga Reddy District is the property of Mohammed Yousuf. He also had land in survey No. 89. It is alleged that he had obtained Occupancy Rights Certificate dated 10.2.1977 under Section 10 of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. Mohammed Yousuf's successor Syed Turab Hussain sold the land under registered sale deed dated 02.12.2006 to Dilshad Jah. Petitioners, statedly, entered into registered agreement of sale-cum-General Power of Attorney (GPA) dated 05.6.2007 for a sale consideration of Rs. 50,00,000/- and obtained possession. First respondent filed O.S. No. 1 of 2010 against petitioners herein (defendants 1 and 2) and respondents 2 to 4 (defendants 3 to 5) for a decree directing eviction of defendants from land admeasuring 9,030 Sq. yards i.e., Acs.1.253/4 and consequent delivery of possession to Andhra Pradesh State Wakf Board. In the said suit, he alleged that total extent of land admeasuring Acs. 14.34 guntas in survey No. 90 is notified in Andhra Pradesh Gazette dated 09.2.1987 as Wakf belonging to Dargah Hazrath Malang Shah and Mosque. Petitioners however contend that same is not registered Wakf and the same is not entered as such in any register maintained by the Office of Commissioner of Wakfs under Section 25 of the Wakf Act 1954 or under of the Wakf Act, 1995 (the Act). Therefore it is contended by petitioners that suit is barred under Section 87 of the Act as the property is private property of the petitioner.

(3.) This Court heard Senior Counsel for petitioners and the Standing Counsel for Wakf Board.