APHC010518502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27329 OF 2025 Between: 1. MULLA SARMAS VALI, S/o. Mr. Mulla Mohammed Hussain, aged 42 Years, Occ- Agriculture, R/o. Govindavada Village, Bommanliall Mandal, Anantapur District, A.P ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Minority Welfare Department, A.P. Secretariat, Velagapudi, Amaravathi, A.P. 2. The Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, 4th and 5th Floor Imdad Ghar Wakf Complex, Opp- Kaleswararao Market, Vijayawada, Krishna District, A.P. 3. Inspector Auditor Waqf, Anantapur, Andhra Pradesh State Wakf Board, Office at 4th and 5th Floor Imdad Ghar Wakf Complex, Opp. Kaleswararao Market, Vijayawada, Krishna District, A.P 4. The District Minorities Welfare Officer, Anantapur, Office at Collectorate Complex, Anantapur. 5. The Station House Officer, Bommanahal Police Station, Bommanahal Village, Anantapuramu District, A.P. ...Respondents 2 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 or Writs more appropriately a Writ of Mandamus declaring the action of the respondent No.5 continuously visiting, harassing, interfering and restraining the petitioner from rendering religious services and cultivating the agricultural land admeasuring Ac.25.30 cents attached to the Wakf Institution i.e., Ashoorkhana situated at Govindawada Village, Bommanahal Mandal, Anantapuramu District, A.P., having knowledge that there is a standing crops on the agricultural land and summoning the petitioner without following due process of law on behest of the respondent No.3 to dispossess the petitioner with the sole intention to lease out the agricultural land keeping the same under direct management of the respondent No.2 since more than 6 years even after completion of the enquiry to recognize the Mutawalli in violation of the judgment and decree passed by the Learned Wakf Tribunal in O.A.No.17 of 2014 dated-08.02.2017 and contrary to section 65 of the Wakf Act, 1995 which is nothing but infringement of fundamental right of the petitioner, illegal, arbitrary, void, ultra virus and unconstitutional and contrary to the provisions of the Wakf Act, 1995 and rules made there under in the interest of justice and equity and to pass such other orders. 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 to direct the respondent Nos.3 to 5 not to harass, summon, interfere and restrain the petitioner from cultivating the agricultural land admeasuring Ac.25.30 cents attached to the Waqf Institution i.e., Ashoorkhana situated at Govindawada Village, Bommanahal Mandal, Anantapuramu District, A.P., and rendering religious ceremonies pending disposal of the Writ Petition in the interest of justice and equity and to pass such other orders. 3 Counsel for the Petitioner: MD ABDUL MATEEN QURESHI Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: SHAIK KHAJA BASHA The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.27329 of 2025 ORDER: The present writ petition is filed to declare the action of respondent No.5 in interfering and restraining the petitioner from rendering religious services and obstructing to cultivate the agricultural land admeasuring Ac.25.30 cents attached to the Wakf Institution i.e., Ashroorkhana situated at Govindawada Village, Bommanahal Mandal, Anantapuramu District having knowledge that there is standing crops on the agricultural land and the petitioner without following due process of law at behest of the respondent No.3 and trying to dispossess the petitioner with the sole intention to lease out the agricultural land keeping the same under direct management of the respondent No.2 Wakf Board even after completion of an enquiry, to recognise as Mutawalli, in violation of the judgment and decree passed by the learned Wakf Tribunal in O.A.No.17 of 2014 dated 08.02.2017 and contrary to Section 65 of the Wakf Act, 1995 which is nothing but infringement of fundamental right of the petitioner, illegal, arbitrary, void and contrary to the provisions of the Wakf Act, 1995. 2. The learned counsel for respondent No.5 has placed the written instructions dated 07.10.2025. The respondent No.5 in his written instructions has stated that they have not visited the said property, nor have they harassed or interfered with the petitioner in any manner. Furthermore, it is stated the respondent do not involve themselves in matters pertaining to Wakf Institutions or in the civil matters, unless there are specific directions or orders issued by the 5 Hon’ble Court. Accordingly, the respondent police are restrained from taking any action in Wakf-related issues without lawful judicial directions. 3. The learned counsels for respondent No.2 and 3 has placed the written instructions, which indicates that Wakf Board has taken a decision vide Resolution No.29/2025 dated 02.04.2025, and issued a Circular Memo No.01/DM&Rent/Gen/2025, dated 18.06.2025, directing all the State Inspectors, Auditors (Waqf), to conduct an open auction of all the agricultural lands for a period of three (03) years. One Sri T.Pothulinga has stood as the highest bidder for an amount of Rs.4,20,000/- and the said amount was remitted into the Board’s Treasury as per norms and the petitioner is not in possession of the said property and also stated that the petitioner is having alternative remedy under Section 83 of Unifield Wakf Management, Empowerment, Efficiency and Development Act, 1995 (for short Wakf Act). 4. There is a dispute with regard to the possession petitioner says that the possession of the subject property of the writ petitioner and as per the instructions of the 2nd and 3rd respondents, the subject property was listed to the highest bidder in the open auction. The said issue is a question of fact which this Court normally venture and the evidence has to be led with regard to the dispute. 5. Hence, without going into the merits, the petitioner herein is directed to avail the alternative remedy under Section 83 (2) of the Wakf Act, 1995. 6. With the above said direction, the writ petition is stands closed. There shall be no order as to costs. 6 Consequently, Miscellaneous Petitions, pending in the contempt case shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.01.2026 RMR 7 174 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.27329 of 2025 28.01.2026 RRM MRR