Dargah Hussain Shah Wali Wakf Land case in Supreme Court

Instead of filing a case in Supreme Court for the protection of Wakf Land belonging to Dargah Hazrath Hussain Shah Wali, AP Wakf Board had submitted a petition making Lanco Hills a party for not allowing it to issue loans from the Banks are for not registering any property sold by this company. Reliable sources indicated that in the petition submitted by AP Wakf Board, there is no plea for declaring this property as Wakf Land but the plea is to issue orders for stopping Lanco Hills from selling its properties.

Mr. Mahboob Alam Khan and Mr. Ibrahim Bin Abdullah Masqathi have impleaded Supreme Court in this case for which Mr. Mushtaq Ahmed Advocate is pursuing. Supreme Court has issued instructions to all the concern parties to file their affidavits so as to enable the court to ensure the hearing. The next hearing of this case has been scheduled on 26th July. The petition submitted by AP State Wakf Board is unnecessary in view of legal experts because AP High Court has already declared this property as Wakf Land.

Last year, Supreme Court in its order dated 3rd May 2012 had issued instructions mentioning their remark made by the Govt. pleader in which he had proposed that Govt. will give compensation of the Wakf Land or it will show an alternative land. It is very surprising that despite this order of Supreme Court, where was the necessity for AP State Wakf Board to file a petition in Supreme Court spending lakhs of rupees. A case is pending regarding this property in AP Wakf Tribunal. The Managing Committee of the Dargah has also filed a petition. Mr. Mahboob Alam Khan and Mr. Ibrahim Bin Abdullah Masqathi had also filed a case under OS No. 99/2007 requesting Wakf Tribunal to declare the land belonging to Dargah Hazrat Hussain Shah Wali as Wakf property on the basis of AP State Gazette notification and other documents and to prevent Lanco Hills and other companies from making further constructions on this land. An injunction order was also given that these companies should not sell any property to the 3rd party.

Lanco Hills company challenged this injunction order in AP High Court. Soon after this many individuals also filed PIL in AP High Court. A division bench consisting of Mr. Justice V.V. S. Rao and Mr. Justice R. Kanta Rao pronounced a judgment on 3rd April 2012 dismissing the appeals of Lanco Hills and other companies. These judges have recognized this land as Wakf property. It clearly meant that the injunction order issued by AP Wakf Tribunal continued as a valid order. Lanco Hills challenged the judgment of AP High Court on 3rd April 2012 which was heard on 8th May 2012. Supreme Court stayed the judgment pronounced by AP High Court. It also stopped the proceedings of AP Wakf Tribunal. The hearing which took place on 10th May 2013 was on the petition submitted by AP State Wakf Board which has no basis in the opinion of Legal experts.

The petitions submitted by Mr. Mahboob Alam Khan and Mr. Ibrahim Bin Abdullah Masqathi is scheduled for hearing in the Supreme Court on 26th July 2013.

——Siasat News