APHC010450502016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26994/2016 Between: Vummudi Venkata Naga Lakshmi and Others ...PETITIONER(S) AND Andhra Pradesh State Wakf Board Vijayawada and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. M.R. MOHAMMAD IRFAN(SC FOR AP WAQF BOARD ) 2. GP FOR HOME (AP) 3. GP FOR REVENUE (AP) 4. K RAMAKANTH REDDY The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue the Writ order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in conducting lease to be held on 10.08.2016 in respect of agricultural lands of the petitioners without evicting the petitioners by following the procedure under Sec 51 of the Waqf Act 1995 as arbitrary, illegal and capricious and violative of right guaranteed under Article 300-A of the Constitution of India apart from gross violation of procedure contemplated under Waqf Act and Rules made there under and consequently direct the respondents not to dispossess the petitioners without following the due process of law and to pass such other order or orders...” 22. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. 3. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of agricultural lands situated in Sy.No.169 of Paluru Village and Sy.Nos. 977, 1024/1, 1024/2, 1024/3, 1024/4, 1025/4, and 1992/2 of Attili Village and Mandal, West Godavari District. They acquired these lands through registered sale deeds and have been cultivating them while duly paying cist to the Government. Their names have been mutated in the revenue records, and they have been issued Pattadar passbooks and title deeds. However, the respondents, by invoking the procedure under Section 51 of the Waqf Act, 1995, are conducting a public auction for leasehold rights over the said agricultural lands, which is contrary to law and arbitrary. 4. On the other hand, the learned Government Pleader appearing for the respondents submits that since the petitioners are in possession and enjoyment of the said agricultural lands, if the respondents intend to take any action against the petitioners' peaceful possession and enjoyment of the subject property, they will follow due procedure under Section 51 of the Waqf Act, 1995. 5. Having considered the submissions made by the learned counsel for both parties and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing Respondent No.1 to follow the due procedure under Section 51 of the Waqf Act, 1995. If the respondents intend to take any action against the petitioners' peaceful possession and enjoyment of the subject property, they shall adhere to the due procedure as contemplated under the law. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 10.02.2025 klk 183 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26994 of 2016 10.02.2025 kkllkk