The interim order passed by this Court on 22-3-2011
is direction to the 1
st respondent-Wakf Board to take
necessary action as per law for removal of the
encroachments from the wakf property belonging to Dargah
Hazarath Darvesh Mohiuddin Sahab Quadri (RH),
Kulsumpura, Hyderabad. The Wakf Board has served notice
on the encroachers under Section 54(3) of the Act. Since, the
vacate stay petitioners have received notices under Section
54(3) of the Act, they are at liberty to place on record their
explanation and thereupon, the Board has to consider the
explanation and pass further orders. Since the direction to
the Wakf Board is to take action against the encroachers in
accordance with law, the vacate stay petitioners cannot
have any grievance. Hence, I do not see any valid ground to
vacate the interim order.
Accordingly, both the vacate stay petitions are
dismissed.
