R.MADAN MOHAN GUPTHA Vs. MOHD.SHARFUDDIN

JUDGEMENT

(1.) The 1st respondent filed O.S. No. 39 of 2011 before the A.P. State Wakf Tribunal, Hyderabad, against the petitioner and respondents 2 and 3, for the relief of perpetual injunction, in respect of Acs. 6.26 guntas of land in survey No. 599 of Mankhal Village, Maheshwaram Mandal, Nalgonda District. It was alleged that the property belongs to a wakf and that the 1st respondent is an interested person. It was alleged that the petitioner herein, who was a Sarpanch of the village, has made attempts to occupy the land, as part of his real estate activity. I.A. No. 159 of 2011 was filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC), for temporary injunction. The Tribunal issued notices to the petitioner and respondents 2 and 3. The petitioner filed a counter, opposing the I.A. He pleaded that the land in question does not belong to wakf, and on the other hand, it belong to Government. It is also stated that way back in the year 1985, the land was divided into plots and pattas were distributed to as many as 130 persons. A godown was also said to have been constructed with the aid of the World Bank, in the year 1985. The Tribunal passed an order of ad interim injunction on 17.05.2011.

(2.) The 1st respondent filed I.A. No. 324 of 2011 under Rule 2-A of Order XXXIX CPC, stating that the petitioner violated the order of ad interim injunction and brought into existence, construction over the suit schedule property. The Tribunal issued notice and the petitioner filed a counter denying the allegations. Through its order, dated 07.12.2011, the Tribunal directed the dismantling of the structure of the community hall, on the ground that the construction was made in contravention of the orders of temporary injunction. The petitioner challenges the said order.

(3.) Heard Sri D. Vijaya Chandra Reddy, learned counsel for the petitioner, and Sri M.T. Ghori, learned counsel for the 1st respondent.