RAMESH RANGANATHAN, J: "Save valuable Wakf lands from being sold for a song" is a cry in anguish from Mirza Yaseen Ali Baig who has filed W.P. No.2l854 of 2005 in public interest to have G.O. Ms. No.22, Minorities Welfare (Wakf. I) Department, dated 18.10.2004, quashed. He also seeks to have the sale deeds, executed in favour of respondents 6 to 11 pursuant to G.O. Ms. No.22 dated 18.10.2004, set aside contending that crores of rupees worth Wakf property had been alienated to them for a pittance.

2. The petitioner's case, in short, is that the Government Qazi had sought permission for sale of Wakf lands admeasuring Ac.39.16 cts on the specious plea of safeguarding it from illegal encroachment, that while these Wakf lands would have fetched between 30 to 40 lakhs per acre the sale consideration was fixed at an abysmally low price of Rs.6 lakhs per acre and that G.O. Ms. No.22, dated 18.10.2004 was issued by the Government according sanction for its sale to respondents 6 to 11 though Wakf lands could be sold only by way of public auction after following the procedure prescribed under Section 51 of the Wakf Act. Petitioner would contend that the impugned G.O. was not only malicious, as it was taken with a view to favour respondents 6 to 11, but was also detrimental to the interest of the public as well as to the Wakf.

3. Facts, in brief, are that on the proposals of the Qazi for the sale of Wakf lands, of an extent of Ac.39.16 cts, in Survey Nos. 201 to 203/2 of Nidamanuru Village, Krishna District to the tenants, the President and Vice-President of the Krishna District Wakf Committee, after inspecting the lands along with the Inspector and Auditor of Wakfs, submitted a report to the District Wakf Committee which, in its meeting held on 10.6.1994, unanimously resolved to refer the proposal to the AP. State Wakf Board, for its permission and sanction, on the ground that taking possession of these lands from the tenants would involve endless litigation. The President, Krishna District Wakf Committee, vide letter dated 13.6.1994, requested the Secretary, AP. State Wakf Board to grant permission and sanction for the sale of these land in favour of the tenants at Government rates. The Special Officer, AP. State Wakf Board, vide letter dated 8.8.1994, informed the Government that vacant lands available in towns and cities were the target of encroachment by land grabbers, that once Wakf lands were encroached upon it was very difficult to get the land back due to various reasons and, keeping in view all these facts, it was felt that it would be safe to sell the vacant lands and deposit the sale proceeds in any nationalized bank in the joint account of the Secretary, Wakf Board and the Qazi concerned and to advice the Qazi to purchase an alternate property from out of the sale proceeds. The Special Officer requested the Government to grant permission to sell the Qazi Inam Wakf lands to the tenants at the market value, as furnished by the registration department, plus 25%.

4. Thereafter, the matter remained in hibernation for six long years till the Government, vide memo dated 22.3.2000, informed the Chief Executive Officer, A.P. State Wakf Board that their proposal dated 8.8.1994 had been examined and it was tentatively decided to sell the Wakf land, of Acres 39.16 cts, in Survey Nos.201, 201/ A, 202/2, 203/1 and 203/2 of Nidamanuru Village, Krishna District, to the tenants. The Chief Executive Officer was requested to follow the procedure laid down in the Wakf Act for sale of Wakf lands i.e., publication in the Gazette, calling objections etc and that proposals in full shape, for according necessary permission, be submitted thereafter. A notification was published in the A.P. Gazette dated 27.4.2000 giving notice to the general public, under Section 51 (2) of the Wakf Act, (hereinafter referred to as the Act), read with Rule 12(2) of the A.P. Wakf Rules, (hereinafter referred to as the Rules), inviting claims, objections and suggest