SHAIK AMEER Vs. A P STATE WAKF BOARD

JUDGEMENT

(1.) The petitioners are defendants 7 and 9 in O.S. No. 136 of 2002 on the file of the A.P. State Wakf Tribunal (for short 'the Tribunal') tiled by respondents 1 and 2 herein. They challenge the very maintainability of the suit and seek appropriate writ or direction.

(2.) The respondents filed the suit against the petitioners and ten others, for the relief of perpetual injunction. It was pleaded that Acs. 11.56 cents of land in Sy.No. 126 of Kowlur Village of Panyam Mandal, Kurnool District shown in the suit schedule belongs to a local Mosque and that the petitioners and other defendants in the suit are trying to interfere with the possession of the land. The petitioners contend that Section 83 of the Wakf Act, 1995 (for short 'the Act') provides for filing of suits only by those persons, who are aggrieved by an order passed under the Act or the Rules and viewed in this context, the suit filed by the respondents is not maintainable.

(3.) Sri. E. Ayyapu Reddy, the learned senior counsel for the petitioners submits that the Tribunal ought not to have entertained the suit at all, since the respondents do not have the locus standi to move it.