QAZI MAHBOOB SUBHANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Appeal is filed against the judgment of the learned single Judge dismissing W.P. No. 11519 of 1991 filed by the appellants.

(2.) The petitioners, two in number, belong to the minority community of Lepakshi village. They filed the writ petition for a writ of mandamus directing the respondents 1 to 3 not to interfere with the peaceful possession of the graveyard situated at Lepakshi village, in S.No. 411/3-B ad measuring Ac. 1.68 cts. and further direction to grant permission for the construction of muslim shopping complex in S.No. 411/3-B belonging to Muslim Mosque, Lepakshi village.

(3.) The case of the petitioners is that Ac. 1.68 cents of land in S.No. 411/3-B situated at Lepakshi village was allotted to muslim community about 100 years ago and the same was classified as burial ground. Since then they were in possession and erected a compound wall fencing around the land after obtaining permission of Sub-Collector, Penukonda on 19-9-1901. By virtue of the user, the land has become a wakf as contemplated under the Wakf Act, 1954. The Gram Panchayat of Lepakshi village granted exemption from payment of tax on the trees standing on the said land from the year 1961-62 onwards. In the said land, they have constructed a mosque about 20 years back and the muslims were offering prayers regularly in the said mosque. Out of the extent of Ac. 1.68 cents, in one part of the land, five shops were constructed and were let out to Grameena Bank to augment the financial resources to the muslim community for incurring expenditure etc. The authorities of the mosque proposed to construct nine more shops adjoining the five shops which were under construction on the front side abutting the main road Hindupur-Kodikonda. Since the area which was put to use as burial was congested, some other place was chosen for the burials of muslim community and as there was vacant space by the side of the burial ground, the said place was used for construction of mosque and the remaining vacant space for the purpose of construction of five shops. Since by the user the said vacant land has become a wakf property/ the Wakf Board is entitled to manage the same. Petitioners-Appellants put up small wooden bunks in the space adjoining the five shops which were burnt and criminal proceedings were pending against those who were responsible for the mischief. Meanwhile, respondents 2 and 3 viz., Mandal Revenue Officer and Gram Panchayat started interfering with the possession of the petitioners property in S.No. 411/3-B. Therefore, they filed the writ petition for a writ of mandamus restraining the respondents from interfering with their possession.