SHAIK BASHEED Vs. STATE OF A.P.

JUDGEMENT

(1.) The above writ petition is filed to declare the action of respondents 5 to 7 in disconnecting the electricity supply to the S.C.No.8431304027253 of Bismillah Water Service Centre, in survey No.438/A2, Nandyal Town, Nandyal District, at the behest of respondents 8 and 9, without considering the petitioner's representation, as illegal and arbitrary.

(2.) The averments in the affidavit, in brief, are that the land of an extent of Ac.00-45 cents in survey No.438/A2, Nandyal Town, Nandyal District, originally belonged to late Nasyam Hazi Peeran Saheb, S/o Hazi Beeram Saheb, who, in turn, gifted the property to a Mosque i.e. Bakkar Kasab Mosque, by registered gift deed dtd. 25/4/1961. Thus, the property became the absolute property of the Mosque. Subsequently, the name of the Mosque is changed to Masjid-e-Quresh. Respondent No.9, the development committee, is managing the affairs of the Mosque, and the then General Secretary of respondent No.9 executed a lease deed dtd. 3/3/2010 in favour of the petitioner for three years and handed over the physical possession to the petitioner. The petitioner established 'Bismillah Water Service Centre', by raising a temporary structure.

(3.) A counter affidavit was filed on behalf of respondent No.8. It was contended, inter alia, that the petitioner obtained an unregistered lease deed on 10/3/2010, purportedly executed by the General Secretary of a selfproclaimed and unauthorized Managing Committee without securing a prior approval from the A.P. State Wakf Board under Sec. 51 of the Wakf Act 1995. The lease, even going by Ex.P1, filed by the petitioner, expired on 10/3/2013, and it was not renewed thereafter. On receipt of the representation dtd. 7/2/2025, regarding the petitioner's unlawful possession, respondent No.8 addressed a letter to respondent No.5, to disconnect the electricity service to SC No.8431304027253, who, in turn, disconnected the power connection on 20/2/2025, after following the procedure. Thereafter, the petitioner vacated the premises voluntarily. A compound wall has been constructed, and a signboard has been erected. The petitioner, under the pretext of seeking restoration of power supply, is attempting to re-enter the subject Wakf property. The Andhra Pradesh Wakf Board is not a party defendant to suit O.S.No.128 of 2010. Any lease of immovable Wakf property without prior sanction of the Wakf Board, as per Sec. 51 of the Act, is null and void. The petitioner has not approached the Court with clean hands.