APHC010494142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.25326, 24841, 24843, 24850, 24942 and 25319 of 2024 WRIT PETITION No.25326 of 2024 Between: 1. VENKATA SUBBAMMA, W/O PRABHAKAR REDDY AGED ABOUT 70 YEARS, R/O 15-62, RADHAM CENTRE, ULAVAPADUMANDALAM, ULAVAPADU, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE A P STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR BUILDING, KALESWARA RAO MARKET, TARAPET, VIJAYAWADA. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE SUB COLLECTOR, KANDUKUR DIVISION, SPSR NELLORE DISTRICT. 5. THE INSPECTOR AUDITOR WAQF, SPSR NELLORE, NELLORE DISTRICT. 6. THE TAHASILDAR AND MANDAL EXECUTIVE MAGISTRATE, ULAVAPADU MANDAL, SPSR NELLORE, NELLORE DISTRICT. 7. MASJIDEWALAJAH REP BY ITS MUTTAWALI, M.D.ALEEMUDDIN, S/O LATE KHAJA QUTUBDIN, AGED 60 YEARS, OCC JOINT MUTAWALLIS MAZID-E-WALAJAH, RAMAYAPATANAM, KURVAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. PRESENTLY RESIDING AT 2 H.NO.10-2-9/A/B, A.C.GUARDS, HYDERABAD, TELANGANA. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.09.02.2026 IN I.A.NO.01 OF 2025. ...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 a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring action of 6th Respondent in threatening to evict the writ petitioner from the subject land to an extent of Ac.5.95 in Sy.No.304/1, situated in K. Rajupalem village, Ulavapadu mandal, SPSR Nellore district under the guise of the proceedings vide B/478/2015 dated 07.10.2024 passed under Section 55 of Waqf Act, as arbitrary, illegal, against the principles of Natural Justice and violation of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to evict the petitioners from the subject land. Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. G SAI NARAYANA RAO 3. GP FOR SOCIAL WELFARE 4. SHAIK KHAJA BASHA The Court made the following: 3 COMMON ORDER: As the issue in all the Writ Petitions is common, the present Writ Petitions are being disposed of by way of this Common Order. For the sake convenience, the facts in W.P.No.24841 of 2024 are mentioned in this common order. 2. The 6th respondent-Tahsildar and Mandal Executive Magistrate has issued proceedings dated 07.10.2024 vide Rc.B/478/2015, directing the petitioners herein to vacate from the land in Sy.No.304 admeasuring an extent of Acs.39.62 cents situated in K.Rajupalem Village of Ulavapadu Mandal, SPSR Nellore District, on the ground that the said property is registered and notified as waqf property published in the Andhra Pradesh Gazette dated 02.05.1963 and to hand over the vacant possession to the Inspector Auditor Waqfs, SPSR Nellore District within 15 days from the date of receipt of the order, failing which the petitioners will be evicted from the encroachment of the land free of encumbrances. 3. The said notice was assailed in the present Writ Petition on the ground that the petitioners have purchased the subject property by way of registered sale deed and they are in possession of the property and the revenue authorities have issued pattadar passbooks and title deeds in their favour and the said notice is final order and no prior notice was issued before the impugned order dated 07.10.2024. Hence, prayed to set aside the impugned order dated 07.10.2024 issued by the 6th respondent-Tahsildar and Mandal Executive Magistrate. 4 4. Learned counsel appearing for the impleaded respondents and the Waqf Board would submit that the property in Sy.No.304 is the waqf property and the same was published in the Gazette in the year 1963 and when it came to the notice of the Waqf Board that the said property has been unauthorizedly encroached into by the writ petitioners, a show cause notice dated 22.03.2013 was issued under Section 54(1) of the Waqf Act, 1995, calling for explanation as to why an order to remove the encroachment should not be made under Section 54(3) of the Waqf Act, 1995, with a direction to submit explanation within 15 days from the date of receipt of the notice along with documentary evidence, if any, failing which it will be deemed that no explanation is offered and indicating that further action will be taken as per law. Since no explanation was received as contemplated under Section 54(3) of the Waqf Act, 1995, a proceedings dated 11.10.2013 was issued to the petitioners with a direction to hand over the vacant possession to the Inspector Auditor Wakfs, Prakasam District and to take further course of action under Section 55 of the Waqf Act as per law by the 2nd respondent. 5. Learned counsels appearing for the respondents would submit that the alleged encroachers/writ petitioners failed to hand over the possession of the subject property to the Waqf Board under Section 55 of the Waqf Act and made a requisition to the Revenue Divisional Officer, Ongole, requesting for enforcement of the eviction order dated 11.10.2013 and to deliver the possession to the Inspector Auditor Waqfs through proceedings dated 10.04.2014. As there is no action from the R.D.O., the 2nd respondent has made a representation to the District Collector, Prakasam District. The District Collector, vide proceedings 5 dated 13.02.2015, has addressed a letter to the Sub-Collector, Kandukuru, to take necessary action to implement the requisition given by the C.E.O., A.P.State Waqf Board under Section 55 of the Waqf Act, 1995 and evict the encroachments on the Waqf land immediately without further delay and intimate action taken to the office of the District Collector. 6. Be that as it may, the impleaded 7th respondent, being Mutawalli, made several representations to the Revenue Authorities to implement the orders of the District Collector dated 13.02.2015 and hand over the possession of the subject land. As all the representations went unanswered, the 7th respondent has filed W.P.No.2602 of 2016, praying for implementation of the District Collector’s order to evict the encroachers in Sy.No.304 and to hand over the vacant possession of the subject land to the Waqf Audit Inspector. The said Writ Petition is pending as on today. 7. Learned counsel appearing for the respondents would submit that subsequent to the filing of the Writ Petition No.2602 of 2016, issued proceedings dated 01.09.2023, directing the 4th and 6th respondents to take necessary actions for evicting the encroachers and the 5th and 6th respondents have conducted joint inspection on 09.02.2024 and the 6th respondent has submitted a detailed report to the 4th respondent, vide proceedings Rc.B/155/2020 dated 12.02.2024 and sought permission for taking appropriate action. The 4th respondent vide Rc.C/654/2023 dated 11.03.2024, directed the 6th respondent to enforce the orders made by CEO, Waqf Board under Section 54(3) of the Waqf Act by evicting encroachers and hand over its possession to the Inspector 6 Auditor Waqfs, SPSR Nellore. Accordingly, the 6th respondent has issued proceedings dated 07.10.2024, directing the petitioners to hand over the vacant possession to the Inspector Auditor, Waqfs, SPSR Nellore, which is impugned in the present Writ Petition. 8. The respondents’ counsel would submit that if at all the petitioners are aggrieved, they have to approach the Tribunal under Section 83(2) of the Waqf Act, 1995, for declaration of title and the petitioners cannot assail the impugned order in the present Writ petition and stated that there are disputed questions of facts involved in this Writ Petition and the petitioners are claiming that they are in possession of the subject property and the respondents are stating that the petitioners are not in possession of the property and the possession was taken by conducting panchanama. Therefore, the respondents’ counsel would submit that the remedy of the petitioners is not a Writ Petition under Article 226 of the constitution of India and the petitioners have to avail the remedy under Section 83(2) of the Waqf Act, 1995. 9. As rightly argued by the learned counsel for the respondents, there are disputed questions of facts involved in the present case. The petitioners are saying that they are in possession of the property basing on the revenue record and the registered sale deed obtained by the 1st petitioner. Disputed question of facts emerges relating to the physical possession of the property in the present Writ Petition. This Court is not inclined to adjudicate upon the disputed facts as it requires evidence and trial and it is the contention of the respondents that the writ petitioners have encroached upon the property. 7 10. At this juncture, learned counsel appearing for the writ petitioners would request this Court that the petitioners may be protected from dispossession till availing the remedy under Section 83(2) of the Waqf Act, 1995. Learned counsel appearing for the respondents have not significantly opposed the said request made by the learned counsel for the petitioners. 11. Therefore, this Court is inclined to dispose of the present Writ Petitions, directing the petitioners herein to avail the remedy under Section 83(2) of the Waqf Act, 1995 before the Waqf Tribunal. It is needless to state that the writ petitioners must avail the remedy under Section 83(2) of the Waqf Act, 1995, within a period of six weeks from the date of receipt of a copy of this order. The respondents are directed not to take any coercive steps for a period of ten (10) weeks from the date of receipt of a copy of this order. 12. Accordingly, all the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.02.2026 siva 8 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.25326, 24841, 24843, 24850, 24942 and 25319 of 2024 Date: 23.02.2026 siva