YOUSUF BEGUM Vs. WAKF BOARD HYDERABAD

JUDGEMENT

(1.) The petitioner filed the instant writ petition seeking the following relief. For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court issue a writ of mandamus declaring the action of the respondent Wakf Board in trying to interfere with the property of the petitioner mentioned in Muntakhab 157, dated 21 Aban 1301 Fasli equivalent to 28th September 1892 A.D., and also in Setwar and Vasool Bagi and in withholding the paper release of the property despite the admitted fact being that the Wakf Board has no title or claim over the property mentioned in Muntakhab 157 belonging to the petitioner as illegal, unconstitutional and violative of inter alia Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Wakf Board to issue a formal paper release letter and not to interfere with the property of the petitioner mentioned in Muntakhab 157 of Attapur etc., and pass such other order or orders in the interest of justice.

(2.) A reading of the relief prayed would suggest that the petitioner is in possession of the land covered by Muntakhab No.157, dated 21 Aban 1301 Fasli (28.9.1892 AD) and that the respondents, Andhra Pradesh State Wakf Board and Mandal Revenue Officer, Rajendranagar Mandal, are trying to interfere with her possession. Insofar as the other relief that of directing the respondents to issue a formal publication is concerned, at the first blush it appears to be vague. The affidavit accompanying the writ petition and the various documents filed in support of some of the averments in the affidavit also do not clearly indicate the grievance of the petitioner and the relief she seeks under Article 226 of the Constitution of India. But, having regard to the advanced age of the petitioner (more than 90 years) this Court heard Counsel Sri Moinuddin at length.

(3.) The first respondent filed counter- affidavit. Though notice is served, the second respondent has not chosen to file counter-affidavit. THE main allegations are made and a relief is sought against the first respondent, and therefore, the counter- affidavit filed by the first respondent assumes importance.