AGRAPU VENKATAMMA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner states that she purchased a plot of about 270 Sq. yards in T.S.No.224 in Srikakulam, through a sale deed, dated 29-08-1969, from one Sri B.Lakshmaiah. She is said to have constructed a building thereon and is living in it. The third respondent, the Inspector Auditor, Wakf Board, Srikakulam, issued a show cause notice, dated 07-04-1997, requiring the petitioner to show cause as to why she shall not be evicted from the said site. According to him, the property was entered in the register maintained by Shavani Mosque and that the petitioner is in illegal possession and enjoyment of the same. On receiving the same, the petitioner submitted an explanation within the stipulated time. Thereafter, the first respondent, the Revenue Divisional Officer, Srikakulam, issued a show cause notice, dated 10-09-1997, stating that he has been informed by the third respondent that the petitioner is an encroacher and was requested by him to recover possession. The petitioner challenges various proceedings that ensued from the respondents.

(2.) Sri Rama Rao, the learned counsel for the petitioner submits that Section 54 of the Wakf Act, 1995, (for short 'the Act') empowers the Chief Executive Officer of the Wakf Board, the second respondent herein, to initiate steps for removal of encroachments and that the third respondent issued a notice referable to the one under sub-section (1) of Section 54 of the Act. He contends that once a notice was issued and explanation was submitted, it becomes mandatory for the authority concerned, to pass an order under subsection (3) and that no such order has been passed. The learned counsel further submits that the notice issued by the first respondent under the circumstances is totally untenable.

(3.) Sri S.M.Subhani, the learned counsel for the respondents, on the other hand, submits that the petitioner has to work out her remedies by filing a suit before the Wakf Tribunal under Section 6 of the Act. He contends that the third respondent has addressed a letter to the first respondent under Section 55 of the Act and that no exception can be taken to the action initiated against the petitioner in view of the fact that the property is already entered in the Wakf register,