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2025 DAILYLAW 23392 (AP)

N ABDUL SALEEM v. THE STATE OF ANDHRA PRADESH

WP/16471/2025 · 2025-07-07

Subba Reddy Satti

body2025

Judgment text

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APHC010330612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16471/2025 Between: 1. N ABDUL SALEEM, S/O LATE N. OBAIDULLAH R/O H. NO. 2/104 B.C. COLONY HALAHARVI VILLAGE, NANDAVARAM MANDAL, KURNOO DISTRICT. 2. H.MD. RAFEEQ, S/O ABDUL GAFOOR LATE, AGED 42 YEARS OCC AGRICULTURE H. NO. 3-15 B.C. COLONY HALAHARVI VILLAGE, NANDAVARAM MANDAL YEMMIGUNUR TQ. KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPT. OFFICE AT SECRETARIAT AMARAVATI, GUNTUR DIST A.P. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER, IMDAD GHAR4TH FLOOR VIJAYAWADA. 3. THE INSPECTOR AUDITOR WAQF, , DISTRICT WAQF OFFICE, ADONI DIVISION, KURNOOL DISTRICT. 4. THE DISTRICT WAKF OFFICER, KURNOOL DISTRICT,OFFICE AT DISTRICT COLLECTORATE COMPLEX OPPOSITE TO GOVT. GENERAL HOSPITAL, KURNOOL. ...RESPONDENT(S): 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 tomay pleased to issue an appropriate writ order or direction more particularly a Writ in the nature of writ of Mandamus direction for the action of the Respondent 3 and 4 in issuing impugned Auction notification in Lr.No,01/KNL/DMWO/Auction/2024 dated 24/06/2025 published in the Eenadu Telugu Daily Newspaper Kurnool District edition dated 26/06/2025 in respect of Agricultural lands in Sy Nos 254 extent of land Acres 42.21 cents in Sy N 534 xtent of land acres 01.86 cents and Sy No 887 extent of land Acres 41.76 cents total extent of land Acres 85.83 cents situated at Halaharvi village Nandavarm Mandal, Kurnool District belongs to Jamia Mosque of Halaharvi village, fixed on 02.07.2025 when the same are in possession enjoyment of the Petitioners that too in the absence of the Board Resolution without notice to the Petitioners, without following due process of Law is arbitrary, illegal without authority, power and in violation of Section 56 of the Waqf Act 1995 Rule 4 of the Wakf Properties lease Rules 2014, Article 14 of Constitution of India and principles of Natural justice consequently to set aside the impugned Auction notification in Lr.No.01/KNL/DMWO/Auction/2024 dated 24/06/2025 published in the Eenadu Telugu Daily Newspaper Kurnool District edition dated 26/06/2024 issued by the Respondents 3 and 4 forthwith in the interest of justice and pass such IA NO: 1 OF 2025 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 may be pleased to suspend the operation of impugned Auction notification in Lr.No.01/KNL/DMWO/Auction/2024 dated 24/06/2025 published in the Eenadu Telugu Daily Newspaper Kurnool District edition dated 26/06/2025 in respect of Agricultural lands in Sy Nos 254 extent of land Acres 42.21 cents in Sy No.234 extent of land acres 01.86 cents and Sy No 887 extent of land Acres 41.76 cents total extent of land Acres 85.83 cents situated at Halaharvi village Nandavarm Mandal, Kurnool District belongs to Jamia Mosque of Halaharvi village, fixed on 02.07.2025, pending the above Writ petition in the interest of justice and pass such Counsel for the Petitioner(S): 1. SHAFATH AHMED KHAN Counsel for the Respondent(S): 1. The Court made the following: ::ORDER:: Sri Shafath Ahmed Khan, learned counsel for the petitioner, seeks permission to withdraw this writ petition with liberty to challenge the Board Resolution dated 28.06.2025. Permission is accorded. Accordingly, this writ petition is dismissed as withdrawn, with liberty as prayed for. No costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Dated: 08.07.2025 IKN 100 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16471/2025 Dated: 08.07.2025 IKN