APHC010229112016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 40169/2016 Between: Smt. B.ravamma and Others ...PETITIONER(S) AND The Andhra Pradesh State Wakf Board Rep By Its and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M CHALAPATHI Counsel for the Respondent(S): 1. SHAIK KARIMULLAH (SC FOR WAKF BOARD RAYALASEEMA) The Court made the following: O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “To issue Writ of Mandamus declaring the action of the respondents 1 & 2 in trying to interfere with the peaceful possession and enjoyment of the land to an extent of Ac.1-19 cens in Sy.No.1598/5 of Anantapuram Village, Kandukur Mandal, Prakasam District by initiating the action under Section 51 of the Waqf Act, 1995 that after a long lapse of 37 years from the date of assignment made by the 3rd respondent in favour of the petitioner as long back as on 30.03.1979 as being illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the aforesaid land.” 2. During hearing, learned counsel for the petitioners, submits that, Respondent No.1 issued Notice under Section 51 of the Waqf Act, 1995 dated 01.08.2016, calling upon as to why necessary action should be not be taken for illegal possession of the Wakf Property. Thereupon, the petitioners submitted explanation on 18.08.2016. Further, learned counsel for the petitioners requested this Court, the without touching the merits of the case, to issue a direction to the respondents not to dispossess the petitioners from their land, without following due process of law. 3. Learned Government Pleader for Waqf filed Counter Affidavit. he submits that, the subject lands which were assigned to the petitioners that were registered as Waqf properties by Gazette Notification No.18-A dated 22.05.1963 and submitted that the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs. 1 , when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioners from the property, except by due process of law. 5. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:04.02.2025 SP 1 2004 (1) SCC 769 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 40169/2016 Date:04.02.2025 W SP