LAWS(TLNG)-2020-9-112

NOOR AHMED Vs. STATE OF TELANGANA

Decided On September 21, 2020
NOOR AHMED Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Standing Counsel for Wakf Board for respondents 1 and 2 and learned Government Pleader for Revenue for respondents 3 to 5. With their consent, the Writ Petition is disposed of at the stage of admission itself.

(2.) Learned counsel for the petitioners stated that the petitioners and prior to them their father was in possession of the subject premises for more than 50 years and they are continuing the business from the said premises. The official respondents without following the due procedure of law and without putting the petitioners on notice or passing any orders are trying to dispossess the petitioners forcibly.

(3.) Learned Standing Counsel for Wakf Board, on instructions, has stated that pursuant to the orders passed by the Wakf Board under Section 54 of the Wakf Act, 1995 (for short 'the Act'), the revenue officials by invoking the powers under Section 55 of the Act are only trying to remove the encroachments made in the subject premises, which is a Wakf land. Learned Standing Counsel further stated that earlier W.P.No.3476 of 2009 was filed against the Wakf Board in which the brother of the petitioners was also arrayed as respondent and this Court vide orders dated 11.02.2020 has passed the orders directing the official respondents to act on the orders passed by the Wakf Board under Section 54 of the Act. The brother of the petitioner has filed a Writ Appeal No.298 of 2020 and the same is pending adjudication before a Division Bench of this Court.