- (1.)Heard the learned counsel for the petitioner, the learned Government Pleader for Social Welfare for respondent No. 1, Sri Abu Akram, learned Standing Counsel for respondent Nos. 2 & 3, the Government Pleader for Home for respondent No. 4 and Sri Syed Yasar Mamoon, the learned counsel for respondent No. 5.
(2.)In this writ petition, the petitioner challenges the action of the respondent No. 3 in issuing the proceedings No. R3/06/RENT/HYD/2020-ZONE(1)B, dtd. 21/11/2020. By the impugned proceedings, the respondent No. 3 has accorded tenancy on rental basis in favour of respondent No. 5 in respect of shop bearing No. 5/6/424, admeasuring 12 x 11 feet, situated within the area of DARGAH-E-YOUSUFIAN, Nampally, Hyderabad for a period of eleven (11) months from the date of the order, by fixing the rental value at 10,000/- per month.
(3.)The learned counsel for the petitioner has submitted that originally, the petitioner was allotted the subject shop by the respondent No. 3 on monthly rental basis at the rate of Rs.1,000.00 for a period of 11 months commencing from 12/7/2002 and after expiry of the same, the tenancy continued from month to month basis. When the respondent No. 5 tried to interfere with his possession, the petitioner filed a suit vide O.S. No. 1432 of 2014 seeking perpetual injunction on the file of III Junior Civil Judge, City Civil Court wherein, status quo order was granted in favour of the petitioner. That at present, the suit is posted to 17/12/2020 for cross-examination of P.W.1. In spite of pending the above proceedings, the respondent No. 3 has issued the impugned proceedings in favour of respondent No. 5 allotting the subject shop in his favour, without following the provisions of the Wakf Act, 1995 on putting the petitioner on notice.