APHC010479482017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28049/2017 Between: 1. NAMBRI VENKATA SURYA KANAKA LAKSHMI, W/O.NAGA PURNESWARA RAO, AGED ABOUT 50 YEARS, R/O.27-1-3, AKULA VARI VEEDHI, TANUKU, WEST GODAVARI DISTRICT. AADHAAR NO.7965 2580 7166. 2. YELAMARTHI SUBBA RAO, S/O.SRI RAMA MURTHY, AGED ABOUT 55 YEARS, R/O.31-7-2, MUDUGANTI VARI VEEDI, TANUKU, WEST GODAVARI DISTRICT. AADHAAR NO.5640 5813 7432. 3. SATTI SAI RAMA REDDY, S/O.LATE S.JAGGI REDDY, AGED ABOUT 30 YEARS, R/O.3-38, ARJUNDAPALEM, IRRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.5097 4292 7326 4. VEERAVALLI TRIMURTHULU, S/O.SITA RAMAYYA, AGED ABOUT 40 YEARS, R/O.8-127, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.4185 5744 7428. 5. RELLI RAMARAO, S/O.LATE R.POLLAYYA, AGED ABOUT 45 YEARS, R/O.10-148, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.8590 2838 8734. 6. GANTA GANGANNA, S/O.SRI RAMULU, AGED ABOUT 50 YEARS, R/O.08-27, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9662 2922 0935. 7. PAPPULA LAVANYA, D/O.VENKATESWARA RAO, AGED ABOUT 23 YEARS, RIO. IRRAGAVARAM VILLAGE & MANDAL, WEST SRS,J W.P.No.28049 of 2017 GODAVARI DISTRICT. AADHAAR NO.2697 8873 1117 8. CHINTHAPALLI MOUNIKA, D/O.VENKATESWARA RAO, AGED ABOUT 20 YEARS, R/O. IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.4319 1893 5120 9. CHINTHAPALLI THANUJA SATYA PRIYA, D/O.VENKATESWARA RAO, AGED ABOUT 19 YEARS, R/O. IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9248 1342 1254. 10. REGURI SATYANARAYANA, S/O.VEERANNA, AGED ABOUT 60 YEARS, R/O.11-82/1, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9938 9698 4216. 11. SARIDE SATYAVATHI, W/O.RAMACHANDRA RAO, AGED ABOUT 80 YEARS, R/O.8-30, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.5119 5432 5024. 12. VENDRA KUSUMA NAGA RAJESWARI, D/O.V.N.RAJESWARA RAO, AGED ABOUT 25 YEARS, R/O.8-86/2, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9392 7522 3756 13. GANDHAM DANAYYA, S/O.SURANNA, AGED ABOUT 52 YEARS, R/O.11-151, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.8096 9922 9320 14. THOTA VENKATEWSARARAO, S/O.SATYANARAYANA, AGED ABOUT 42 YEARS, R/O.2-164, GOTEM, IRRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.4267 0432 5975. 15. SADANALA VENKATA RAMALINGA MURTHY, S/O.LATE S.VENKANNA, AGED ABOUT 40 YEARS, R/O.8-32, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.6246 0080 3355. 16. RELLI LAKSHMI, W/O.VENKATESWARA RAO, AGED ABOUT 45 YEARS, R/O.11-131, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9950 0297 2072 17. GANDHARAPU VARALAKSHMI, W/O.SATYANARAYANA, AGED ABOUT 50 YEARS, R/O.D.NO.10-149, IRRAGAVARAM VILLAGE & SRS,J W.P.No.28049 of 2017 MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9038 5301 9089. 18. REGURI SATYANARAYANA, S/O.SATYANARAYANA, AGED ABOUT 40 YEARS, R/O.11-82/1, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.7729 9480 5236 19. VEERAVALLI BEBY LAKSHMI, W/O.TRIMURTHULU, AGED ABOUT 36 YEARS, RIO.8-127, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.7637 0066 8303 20. MUCHERLA VEERA VENKATA NELABALUDU, S/O.SOMI NAIDU, AGED ABOUT 50 YEARS, R/O.10-24, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.5311 2201 2653. 21. VENDRA APPARAO, S/O.LATE V.POTHURAJU, AGED ABOUT 70 YEARS, R/O.8-127, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.2082 8893 4209. 22. DONGA SATYANANDAM, S/O.RAYUDU, AGED ABOUT 50 YEARS, R/O.D.N0.8-9711, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.2086 9120 9219. 23. SARIKA PALESWARAO, S/O.LATE S.RAMULU TATA, AGED ABOUT 40 YEARS, R/O.11-127, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.5339 2454 0401. 24. SANKURATHRI SRINIVASU, S/O. CHINTALU, AGED ABOUT 40 YEARS, R/O.11-183, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.4773 1159 0948. 25. KAROTHU PAPARAO, S/O.TAMANNA, AGED ABOUT 55 YEARS, R/O.11-99, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.2959 7955 7996. 26. SARIKA SAVITHRI, W/O.YERAKAYYA, AGED ABOUT 75 YEARS, R/O.11-131/A, IRRAGAVARAM VILLAGE & MANDAL, WEST GODAVARI DISTRICT. AADHAAR NO.9031 4333 2721. 27. ELURI VEERA VENKATESWARA RAO, S/O.BHAGAVANULU, AGED ABOUT 47 YEARS, R/O.IRRAGAVARAM VILLAGE AND MANDAL, SRS,J W.P.No.28049 of 2017 WEST GODAVARI DISTRICT. 28. VEERAVALLI VENKATA RAO, S/O.ANJANEYULU, AGED ABOUT 66 YEARS, R/O.IRRAGAVARAM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 29. ELURI SATYANARAYANA, S/O.VEERA VENKAIAH, AGED ABOUT 68 YEARS, R/O.IRRAGAVARAM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. ANDHRA PRADESH STATE WAKF BOARD VIJAYAWADA REP BY ITS, CHIEF EXECUTIVE OFFICER TRANSIT OFFICER AT: 4TH & 5TH FLOORS, RAZZAQ MANZIL, HAJ-HOUSE, OPP: PUBLIC GARDEN, NAMPALLY, HYDERABAD. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU. 3. THE DISTRICT WAQF OFFICER WEST GODAVARI DISTRICT ELURU, - 4. THE TAHSILDAR/MANDAL WAQF OFFICER, IRRAGAVARAM, WEST GODAVARI DISTRICT. 5. THE INSPECTOR AUDITOR WAQFS WEST GODAVARI DISTRICT ELURU, - ...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 to issue the Writ order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in conducting auction on 22-8-2017 in respect of lands situated in RS No 433, 437, 438, 439, 439/2 of Irragavaram Village and Mandal, West Godavari District without following the procedure as contemplated under Section 52 to 54 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 to follow the due process of law to SRS,J W.P.No.28049 of 2017 execute the order bearing F.No.01/PROT/WG/2014 -VOL-II dated 16-02-2017 and pass such other orders as may be deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 34857 OF 2017 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 to grant stay of all further proceedings including auction tobe held on 22.08.2017 under auction notice bearing R.K.No.168/2017/DT dated 18.08.2017 pending disposal of the writ petition Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. K RAMAKANTH REDDY 2. The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of the respondent authorities in conducting auction on 22.08.2017, in respect of land in R.S.No.433, 437, 438, 439, 439/2 of Irragavaram Village and Mandal, West Godavari District, without following the procedure contemplated under Section 52 to 54 of the Waqf Act, 1995, as illegal and arbitrary. 2. The writ petition was listed on 22.08.2017 and adjourned to 23.08.2017 and thereafter to 05.10.2017. No interim order was granted. 3. A counter-affidavit for respondents 1 to 5 was filed. It was contended that, in pursuance of the notification dated 18.08.2017, to conduct an auction, the auction was conducted on 18.07.2017. The auction was knocked down in favour of one Sri E. Padma Rao. Page 6 of 7 SRS,J W.P.No.28049 of 2017 4. No reply was filed to refute the averment made in the counter affidavit filed on behalf of respondents 1 to 5. 5. Since the auction was conducted and knocked down in favour of one Sri E. Padma Rao, the cause in the writ petition, does not survive for adjudication. 6. Given the facts and circumstances of the case, the Writ Petition is closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 27.03.2025 TVN SRS,J W.P.No.28049 of 2017 240 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.28049 OF 2017 Date : 27.03.2025 TVN