KALIMELA KIRAN KUMAR Vs. STATE OF A.P.

JUDGEMENT

(1.) The 12th defendant in O.S.No.3 of 2024 on the file of Andhra Pradesh Wakf Tribunal at Kurnool, filed the above writ petition seeking writ of prohibition.

(2.) a) Averments in the affidavit, germane, for consideration, are that the petitioner purchased the agricultural land of an extent of Ac.1.64 cents in S.No.249/1B1B, old S.No.54 of Guntupalli village, Ibrahimpatnam Mandal, NTR District. The land has been owned by the vendors since 1938. The revenue authorities updated the name of the petitioner in the Records of Rights and issued the Pattadar Pass Book. The petitioner sold an extent of Ac.0.28 cents to Devireddy Anjaneya Reddy and an extent of Ac.0.20 cents to Koneti Nagarani in the year 2017. The respective vendees also got Pattadar pass books. The agricultural land was converted into non-agricultural land. The petitioner is developing the land for commercial purposes.

(3.) a) A counter-affidavit was filed on behalf of the 2nd respondent. It was contended, inter alia, that the writ petition filed by the petitioner is not maintainable. The 4th respondent, Mazlum Shah Darvesh Takia & MasjidWakf, represented by its Mutavalli, filed suit O.S.No.3 of 2024 against the writ petitioner and others for a declaration of title in respect of Ac.45.32 cents in R.S.No.249/1B1B of Guntupalli village. The property was recognised, as per the Survey Commissioner Report, on the survey of wakf dtd. 7/12/1955, as wakf property and notified in the Gazette. The Wakf tribunal directed the parties to maintain the status quo by its order dtd. 19/1/2024. The writ petitioner, instead of filing a written statement, filed the above writ petition.