IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 34857 OF 2016 Between: The Fruits Merchants Welfare Association, Having Registration No. 130/1997, Represented by its President S. Bashu Miah, S/o S. Hussain Saheb, aged 67 years, R/o 66/17, M.H. Road, Kurnool City and District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Principal Secretary, Minority Welfare Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Andhra Pradesh State Wakf Board, Represented by its Special Officer Cum Competent Authority, Vijayawada, Transit Office from Ha] House, Nampally, Hyderabad. 3. The Chief Executive Officer, Andhra Pradesh State Wakf Board, Vijayawada, Transit Office from Haj House, Nampally, Hyderabad ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus, declaring the action of the Respondents 2 and 3 in termination of the lease of the petitioner and in refusal to renew the lease for further period by issuance through € Proceedings in F.No. 66/KNL/FM/2011-DM, dated 13-7-2016 as illegal, irregular, arbitrary, unconstitutional, contrary to the provisions of the Wakf Act and Rules framed there under, unjustified and unsustainable and set aside the said proceedings and direct the Respondents 2 and 3 to the lease of the land admeasuring Ac.lO.OO cents in Survey No. 151/1 of Munagalapadu Village, Kurnool District in favour of the petitioner for a period of 30 years for commercial activity. renew I.A. NO: 1 OF 2016(WPMP. NO: 42967 OF 20161 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents 2 and 3 not to dispossess the petitioner and its members from the land admeasuring Ac.lO.OO cents in Survey No. 151/1 of Munagalapadu Village, Kurnool District pending disposal of Writ Petition. Counsel for the Petitioner: SRI. KARRI MURALI KRISHNA Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2&3:SRI MOHAMMED GAYASUDDIN (SC FOR AP WAQF BOARD) The Court made the following order: APHC010201482016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3329] K ■i-r'rt FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 34857/2016 Between: ...PETITIONER The Fruits Merchants Welfare Association AND ...RESPONDENT(S) The State Of Andhra Pradesh Represented By Principal and Others Counsel for the Petitioner; 1.KARRI MURALI KRISHNA Counsel for the Respondent(S); 1 .GP FOR SOCIAL WELFARE (AP) 2. MOHAMMED GAYASUDDIN 3.S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; appropriate Writ order or direction mostiy one which is in the nature of a Writ of mandamus declaring the action of the RespondentJ^os. 2 and 3 in termination of the lease of the petitioner and in refusal to renew the lease for further period by It:issue an issuance through Proceedings in F.N0.66/KNLJFM/201IDM, dated 13.07.2016 as iiiegai, irreguiar, arbitrary, unconstitutionai, contrary to the provisions of the Wakf Act and Ruies framed there under unjustified and unsustainabie and set aside the said proceedings and direct the Respondent Nos. 2 and 3 to renew the tease of the tend admeasuring Ac.iO.OO cents in Survey No. 151/1 of Munagaiapadu Viilage, Kurnool District in favour of the petitioner for a period of 30 years for commerciai activity and to pass such other order or orders... ” The case of the petitioner is that, the petitioner association was granted leasehold rights over a notified Waqf property, an extent of Ac.10.00 cents in Survey No. 151 of Munagaiapadu Village, Kurnool District, initially for a period of three (03) years. Before the completion of the lease period, the petitioner submitted representations on 29.01.2016 and 23.02.2016, requesting an extension of the lease period for another three (03) years. The petitioner also paid the lease amount due up to 15.02.2016. After considering the petitioner’s representations dated 29.01.2016 and 23.02.2016, and following a detailed enquiry by the authority concerned, the 3'"^ respondent, i.e., the Executive Officer, issued proceedings dated 13.07.2016, terminating the lease in favor of the petitioner. Aggrieved by the same, the present writ petition. 2. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Minority Welfare Department appearing for respondent Nos. 1 to 3. 4 The learned counsel for the petitioner submits that, even after the termination, the petitioner and its members have been continuing to carry out their duties on the said premises. Therefore, the respondents to be directed to consider the petitioner’s request for an extension of the lease afresh for a period of thirty years. 4. On the other hand, the learned Government Pleader for the Minority Welfare Department appearing for respondent Nos. 1 to 3 submits that, for one reason or another, even though the termination order was passed by the 3rd respondent, i.e., the Chief Executive Officer, on 13.07.2016, the petitioner association and its members have been continuing is 5. possession/occupation of the subject premises. In view of the petitioners' continuous possession, the claim of the petitioner for the extension of the nd respondent herein in accordance with lease can be considered by the 2 the law. Having considered the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Minority Welfare Department appearing for respondent Nos. 1 to 3, and on perusal of the material available on record, without going into the merits of the case, this Court is of the considered opinion that, the present Writ Petition can be disposed of by directing the petitioner association representation/application a fresh for the extension of the lease period, in accordance with the terms to be agreed upon with the 2'^^ respondent i.e.. Competent Authority. Upon such submission, the 2^^ respondent shall 6. to submit consider the same, provide an opportunity of hearing to the petitioner and ' pass a speaking order in accordance with the law. This entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Minority Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Special Officer Cum Competent Authority, Andhra Pradesh State Wakf Board, Vijayawada, Transit Office from Haj House, Nampally, Hyderabad. 3. The Chief Executive Officer, Andhra Pradesh State Wakf Board, Vijayawada, Transit Office from Haj House, Nampally, Hyderabad 4. One CC to Sri. Karri Murali Krishna Advocate [OPUC] 5. Two CCS to GP for Social Welfare, High Court Of Andhra Pradesh. [OUT] 6. One CC to Sri. Mohammed Gayasuddin (SC for AP Waqf Board) [OPUC] 7. Three CD Copies GSC HIGH COURT DATED:07/2/2025 ORDER WP.No.34857of 2016 p 21 MAR 2025 . Current Section ^4£^spatcv5$5>^ DISPOSING OF THE WP WITHOUT COSTS