MOHAMMED JAFFAR Vs. A.P. STATE WAKF BOARD

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to set-aside proceedings in F.No.16/N1/Hyd/13/Z-1, dated 13-5-2013 of respondent No.1 whereby it has permitted respondent No.3 to construct mulgies over terrace of the second floor attached to the Wakf mulgi Nos.21-1-1036/63/67/E/1 to 26, adjacent to Misjid-e- Mirde Munnawar, Pathergatti.

(2.) It is the pleaded case of the petitioners that the management of respondent No.2-Trust/Wakf was taken over by respondent No.1 on the ground that the latter was mismanaging the Trust properties. It is the further pleaded case of the petitioners that before respondent No.1 took over the management from respondent No.2, the latter has executed lease deed dated 1-12-2011 whereunder the property bearing municipal Nos.4-1-1036, 63 and 67 (3rd and 4th floors) was given possession to the petitioners. The petitioners further pleaded that the initial lease period was 11 months; that thereafter the same was being extended from time to time and that respondent No.1 has assumed the management of respondent No.2 from 17-1-2012.

(3.) The petitioners averred that they made representations on 6- 11-2012, 26-11-2012 and 29-5-2013 to respondent No.1 requesting for permission for making constructions in the property leased out to them by spending Rs.40 lakhs and that subsequently on noticing that some construction material was being collected, they came to know that respondent No.1 has granted lease of the said property to respondent No.3 under the impunged proceedings. According to the petitioners, respondent No.1 has exceeded its jurisdiction by granting lease to respondent No.3 without restricting the same to three years and without considering the claim of the petitioners.