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2025 DAILYLAW 36775 (AP)

Contractor Issac Basha v. The State of Andhra Pradesh

WP(PIL)/232/2018 · 2025-06-24

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADE3H AT AMARAVATI (Special Original Jurisdiction) APHC010603262018 WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 232 OF 2018 BETWEEN; Contractor Issac Basha, S/o Contractor Jaffar Hussain, Age; 56 years, Occ: Business, R/o. 22/161, Kota Street, Nandyal, Kurnool District. ... Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Minorities Weifare Department, Andhra Pradesh Secretariat, Secretariat Building, Velagapudi, Guntur District. 2. The ANDHRA PRADESH STATE WAQF BOARD, Rep. by its Chief Executive Officer, 4th Floor, Imdad Ghar complex, Kaleswara Rao Market, Vijayawada-1. 3. The District Waqf Officer, Kurnool District, Andhra Pradesh. 4. The Inspector &. Auditor of Waqf Board, Kurnool District, Andhra Pradesh. 5. The Joint Sub-Registrar, Nandyal, Kurnool District. 6. Raziya Begum, W/o Sheik Mabusa, Age: 77 Years, Occ: House \A/ife, R/o H. No. 7-30, Nadigadda Veedhi, Nandyala Village, Nandyal Mandal, Kurnool District. 7. Sheikunbe, W/o Sheik Hussain Sa, Age: 65 Years, Occ; House Wife, R/o H. No. 7-52, Nadigadda Veedhi, Nandyala Village, Nandyal Mandal, Kurnool District. 8. Nabirasool, S/o Sheik Peddamabusa, Age; 32 Years, Occ; Business R/o H. No. 7-30, Nadigadda Veedhi, Nandyala Village, Nandyal Mandal, Kurnool District. 9. Mehaboob Basha, S/o Sheikh Shavaali, Age; 34 Years, Occ; Business, R/o H. No. 15/125/1, College Bypass Road, Velgodu Village, Velgodu Mandal, Kurnool District 10. Mabu Hussain, S/o Sheik Madarasa, Age; 31 Years, Occ; Business, R/o H. No. 2/20, Gajulapalle Village, Mahaanandi Mandal, Kurnool District 11. Mumtaz, W/o Sheik Chinna Mabusa, Age; 44 Years, Occ: House Wife, R/o H. No. 7/321, Nadigadda Veedhi, Nandyala Village, Nandyal Mandal, Kurnool District. 12. Sheik Md. Haneef, S/o Sheik Hussubai, Age: 58 Years, Occ: Business, R/o H. No. 7-7/32A, Nadigadda Veedhi, Nandyala Village, Nandyal Mandal, Kurnool District. 13. Khaja B, W/o Sheik Md. Haneef, Age: 50 Years, Occ; House Wife, R/o H. No. 28/1052/56, Devanagar, Nandyal Village, Nandal Mandal, Kurnool District. 14. Madhaar B. W/o Sheik Abdul Kalann, Age; 47 Years, Occ; House Wife, R/o H. No. 23/279, Bethamcherla Village, Bethamcherla Mandal, Kurnool District 15. Shamshad, W/o Sheik Ismail, Age: 42 Years, Occ; House Wife, R/o H. No. 4/99, Banaganapalli Village, Banaganapalli Mandal, Kurnool District. 16. Bushireddy Shiva Reddy, S/o B. Anki Reddy, Age: 56 Years, Occ: Business, R/o Velpanur Village, Velugodu Mandal, Kurnool District. 17. Hussain, S/o Mahankaligari Chinna Subbarayudu, Age; 45 Years, Occ: Business, R/o H. No. 5/65, PK Pragatoor Village, Pagidala Mandal, Kurnool District 18. Veluru Devendra N'aidu, S/o V. Age: 40 Years, Occ: Business, fVo H. No. 3/20, T. Kothapalle Village, Yadiki Mandal, Ananthapur District Rosanna, J 19. Alampuri Md. Salehu, S/o A. Pakir Saheb, Age: 67 Years, Occ: Business, R/o H. No. 29/340, Sarswathi Nagar, Nandyal Village, Nandyal Mandal, Kurnool District 20. Bhumireddy gari Venkateswar Reddy, S/o B. Ramireddy, Age; 65 Years, Occ: Business, R/o H. No. 87/463, Srinagar Colony, Kurnool Town, Kurnool Mandal, Kurnool District 21. Sheik Sawali, S/o Sheik Nabisaheb, Age: 50 Years, Occ: Business, R/o Bijinavemula Village, Nandikotkur Mandal, Kurnool District 22. Sheik Basha, S/o Sheik Md. Haneef, Age: 37 Years, Occ: Business, R/o H. No. 28/1052/56, Devanagar, Nandyal Village, Nandyal Mandal, Kurnool District 23. Bendakayala Abdhul Kalam, S/p B. Alla Bakas, Age: 54 Years, Occ: Busines, R/o H. No. 23/280, Bethamcherla Village, Bethamcherla Mandal, Kurnool District ... 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 not protecting the waqf lands and facilitating the respondents 6 to 15 in alienating the waqf lands in Sy. Nos. 666/6, 666/11, 666/12 in Mulasagaram, Nandyal Town, Kurnool District .comprising a total extent of 74 Cents to respondents 16 to 23 as illegal, arbitrary, unconstitutional and violative of the provisions of Sec-51 (lA) of The Waqf Act, 1995(herein after mentioned as The Act) and consequently direct the respondents 1 to 5 to recover back the Waqf lands by cancelling the sale deed bearing document No. 9199/2016 Dt. 13-12-2016 executed by the respondent nos.6 to 15 in favour of respondent nos. 16 to 23 as per Sec-52 of the Act. lA NO: 1 OF 2ni« 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 direct the respondents 1 to 5 to forthwith cancel the sale deed bearing document No. 9199/2016 Dt. 13-12-2016 executed by the respondent 15 in favour of respondent nos. 16 to 23 as per Sec-52 of the Act. nos.6 to Counsel for the Petitioner: SRI PONAVOLU SUDHAKARA Counsel for the Respondent No.1: GP FOR SOCIAL WELAFER Counsel for the Respondent Nos.2 to 4: SRI SHAIK KHAJA REDDY BASRA, SC FOR WAQF BOARD Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent Nos.6 to 23: SRI J. U. M. V. PRASAD The Court made the following: ORDER ^ - ■ I 1 APHC010603262018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-43 [3483] WP(PIL) NO: 232 of 2018 Contractor Issac Basha ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner: Advocates for Respondents; None GP for Revenue (AP), Mr. Shaik Khaja Basha - R2, Mr. J. U. M. V. Prasad, GP for Social Welfare CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 25“^ June, 2025. DATE PC : The present PIL has been filed alleging that properties belonging to the Waqf Board were being alienated by private parties. 2. The case of the petitioner is that private respondent Nos.6 to 15 had sold the properties in question to respondent Nos. 16 to 23. It appears that by virtue of an Addendum dated 07.09.2018, published in the Andhra Pradesh Gazette, the Andhra Pradesh State Waqf Board notified properties, some of whom are stated to be in possession of private respondent Nos. 16 to 23 Waqf properties. as 2 HCJ & RCJ WP(PIL)_232_2018 Learned counsel for the private respondents, Mr. J. U. M. V. Prasad, states that they would avail the appropriate alternative remedy with a view to challenge the Addendum in accordance with law. It is also stated by learned counsel for the Waqf Board, Mr. Shaik Khaja Basha, that since the properties in question have been declared as Waqf properties, steps would be taken in accordance with law, under Section 54(3) r/w Section 52 of the Waqf Act, 1995 to retrieve the possession from the concerned. 3. 4. In view of the subsequent developments, the present proceedings are accordingly closed. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To 1. One CC to Sri Ponavolu Sudhakara Reddy, Advocate [OPUC] 2. One CC to Sri Shaik Khaja Basha, SC for A.P. State Waqf Board [OPUC] 3. One CC to Sri J. U. M. V. Prasad, Advocate [OPUC] 4. Two CC’s to GP for Social Welfare, High Court of A.P. at Amaravati[OUT] 5. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 6. Three CD Copies. ssb HIGH COURT DATED:25/06/2025 ORDER WP(PIL) No.232 of 2018 £04 JUL 2025 )| «3.\ SNQurrwitSectigijx^^ CLOSING THE W.P.(PIL) WITHOUT COSTS