APHC010190012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9514/2026 Between: 1. A S PETA PEERLA MANYAM DEVASTHANAM, (REGD.NO.91 OF 2011) REP. BY ITS SECRETARY SGN UMRAN PASHA, S/O. SGN HAFEEZ PASHA, AGED ABOUT 25 YEARS, R/O. MAHAL STREET, A.S. PETA, SPSR NELLORE DISTRICT 524304. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522241. 2. THE ANDHRA PRADESH STATE WAQF BOARD, REP.BY ITS CHIEF EXECUTIVE OFFICER IMDAD GHAR WAQF COMPLEX, VIJAYAWADA, KRISHNA DISTRICT. 520001. 3. THE CHAIRPERSON/CHAIRMAN, ANDHRA PRADESH STATE WAQF BOARD, IMDAD GHAR WAQF COMPLEX, VIJAYAWADA, KRISHNA DISTRICT. 520001. 4. THE EXECUTIVE OFFICER, DARGAH SYED SHAH HAJI KHAWAJA RAHMATULLAH SAHEB PEER @ NAYAB-E-RASOOL AND MASJID A.S. PETA SPSR NELLORE DISTRICT. 524304. 5. THE INSPECTOR AUDITOR, NELLORE, SPSR NELLORE DISTRICT. 524001. ...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 more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos. 3 to 5 in interfering with, attempting to dispossess the petitioner Trust from, and seeking to lease out the lands admeasuring Ac.8.63 cents in Sy.No.409, Ac.3.61 cents in Sy.No.410, Ac.3.58 cents in Sy.No.425 and Ac.8.10 cents in Sy.No.426 situated at Sri Kolanu Village, A.S. Peta Mandal, SPSR Nellore District, as illegal, arbitrary, without jurisdiction, violative of Article 300-A of the Constitution of India and contrary to the provisions of the Waqf Act, and consequently direct the respondents not to interfere in any manner with the peaceful possession and enjoyment of the petitioner Trust over the lands admeasuring Ac.8.63 cents in Sy.No.409, Ac.3.61 cents in Sy.No.410, Ac.3.58 cents in Sy.No.425 and Ac.8.10 cents in Sy.No.426 situated at Sri Kolanu Village, A.S. Peta Mandal, SPSR Nellore District, and pass IA NO: 1 OF 2026 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 pleased to direct Respondent Nos. 3 to 5 not to carry out any levelling or developmental activity, not to alienate" or lease out the subject lands, and not to dispossess the petitioner Trust from its peaceful possession and enjoyment of the lands admeasuring Ac.8.63 cents in Sy.No.409, Ac.3.61 cents in Sy.No.410, Ac.3.58 cents in Sy.No.425 and Ac.8.10 cents in Sy.No.426 situated at Sri Kolanu Village, A.S. Peta Mandal, SPSR Nellore District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9514 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.3 to 5 in interfering with, attempting to dispossess the petitioner Trust from, and seeking to lease out the lands admeasuring Ac.8.63 cents in Sy.No.409, Ac.3.61 cents in Sy.No.410, Ac.3.58 cents in Sy.No.425 and Ac.8.10 cents in Sy.No.426 situated at Sri Kolanu Village, A.S.Peta Mandal, SPSR Nellore District, as illegal, arbitrary, without jurisdiction, violative of Article 300-A of the Constitution of India and contrary to the provisions of the Waqf Act, and consequently direct the respondents not to interfere in any manner with the peaceful possession and enjoyment of the petitioner Trust over the lands admeasuring Ac.8.63 cents in Sy.No.409, Ac.3.61 cents in Sy.No.410, Ac.3.58 cents in Sy.No.425 and Ac.8.10 cents in Sy.No.426 situated at Sri Kolanu Village, A.S.Peta Mandal, SPSR Nellore District, and pass such other order or orders …” 2. Heard Sri Ravula Nagarjuna, learned counsel for the petitioner and learned Government Pleader for respondents. 3. Learned counsel for the petitioner submits that the subject property of the writ petition belongs to the petitioner’s trust. While the 3rd parties are interfering with the subject property of the trust, the trust has filed a suit against the third parties and obtained temporary injunction. While things stood thus, the Waqf Board is interfering with the trust property at the behest of the third parties. Hence, the present writ petition is filed seeking to direct the respondents not to dispossess or interfere with the peaceful possession and enjoyment of the petitioner’s trust property. 4. Learned counsel for the respondents submit that an alternative remedy is available under Section 83(2) of the Waqf Act, 1995 for obtaining redressal of his grievance ventilated in the writ petition. 5. On perusal of the affidavit filed in support of the writ petition it is evident that there are disputed question of facts involved, which requires evidence. Hence, without going into merits of the case, the present Writ Petition is disposed of directing the petitioner to avail an alternative remedy available under the provisions of the Waqf Act, 1995. However, the respondents are directed to maintain status quo as on today for a period of two months from today. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 09.04.2026 KBN 21 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9514 of 2026 Date: 09.04.2026 KBN