LAWS(APH)-2010-2-31

MUPPU RAJU LAKSHMI Vs. AP STATE WAKF BOARD

Decided On February 15, 2010
MUPPU RAJU LAKSHMI Appellant
V/S
A.P. STATE WAKF BOARD Respondents

JUDGEMENT

(1.) The petitioner states that she is the owner of 86.89 sq.yards of land, out of premises bearing No. 2/74, Kondapalli Village, Ibrahimpatnam Mandal, Krishna District. She purchased that property from Shaik Mastan Bee, through sale deed dated 04-05-2006. Mastan Bee, in turn, was gifted that property, by the original owner, Shaik Zalaha Bee.

(2.) Alleging that the petitioner encroached into a Wakf property, proceedings were initiated against her, by the 1st respondent, under Section 54 of the Wakf Act, 1995 (for short 'the Act'). Requisition was given by the 1st respondent, vide proceedings dated 03-04-2009 to the Revenue Divisional Officer, Vijayawada, with a request to evict the petitioner. Challenging the said proceedings, the petitioner filed W.P. No. 4912 of 2009 before this Court. The writ petition was allowed, on 30-3-2009, on the ground that the Wakf Board did not pass any order of eviction, and that the matter ought (sic. ought not) to have been referred to the Revenue Divisional Officer, straightaway for eviction. It was left open to the 1st respondent to take necessary action, in accordance with law.

(3.) The 1st respondent took up the matter, after this Court passed the order in the writ petition. He had appointed the 2nd respondent as inquiry Officer to conduct summary Inquiry against the petitioner, and to submit a compliance report, within a period of one month. The petitioner challenges the same.