ORDER:

1. This writ petition is filed questioning the auction notification dated 25.01.2021 for conducting the auction of offerings of the Dargah Hzt Bajee Shaheed Aulia (RA) situated at Paddakakani village & Mandal, Guntur District.

2. Case of the petitioners is that, the waqf institution by name, Dargah Hzt Bajee Shaheed Aulia (RA) is situated at Peddakakani village; initially there were six Mutawallies and Mujawars for the said institution; after the death of notified Mutawallies, the Waqf Board recognized their legal heirs as Mutawallies; the 1st petitioner is one of the Mutawallies recognized by the Board, but he was removed on 09.08.2017 and the institution is under the direct management now; questioning the removal order, the 1st petitioner filed WP No.30060 of 2017 and an interim order of reinstatement was granted and hence, the 1st petitioner is deemed to be continued as mutawalli; as petitioners 2 and 3 were restrained, they also filed WP No.13603 of 2014 and they are also continuing as mujawars; there is no practice of conducting auction of offering items for the subject dargah till now; after completion of five years period of direct management, the management shall have to be revert back and hence, auction should not be conducted; the petitioners requested not to conduct auction in the absence of the Board. Chief Executive Officer, who is working as full additional charge (FAC), has to work under the administrative control of the Board and does not have power or jurisdiction to conduct auction or to issue notification independently; all the decisions have to be taken by the Board alone, but not by the Chief Executive Officer; conducting of auction is contrary to Section 56(2) of the Waqf Act, 1995 (for short ‘the Act’) and also contrary to the Waqf Property Lease Rules, 2014 (for short ‘the Rules’). Hence, the writ petition.

3. When the matter came up for admission on 08.03.2021, this Court granted an interim direction staying the proposed auction and the said interim direction was extended from time to time.

4. Counter-affidavit is filed by the 2nd respondent-Waqf Board along with vacate stay petition, stating inter-alia that the subject waqf institution is a gazette notified waqf institution with all its attached properties; the Board has taken over the direct management on 11.04.2014 and since then, the Inspector Auditor Waqfs, Guntur District is supervising and administering the affairs of subject waqf institution in the capacity as Executive Officer for the said institution; the then Inspector Auditor Waqfs, Guntur vide his report dated 15.03.2014 brought to the notice of the Board about various financial irregularities committee by six mutawallis; FIR No.138/2014 was also registered against them for the offences punishable under Sections 427, 409, 420 and 34 of IPC on the file of Pedakakani PS and they were placed under suspension; the 1st petitioner and two others filed WP No.13764 of 2014 questioning their suspension and in taking the waqf institution under direct management; no interim order was granted in favour of the petitioners therein; thereafter, other suspended mutawallies filed WP No.8707 of 2016 challenging the proceedings dated 21.12.2015 and in extending the suspension of the petitioners and an interim direction was passed on 20.04.2016 directing the reinstatement of the petitioners thereon on the ground that the continuation of the enquiry beyond six months is contrary to Rule 24-A of the Rules; subsequently, the said interim order was vacated on 07.04.2021; questioning the vacation of the interim order, they filed WA No.775 of 2017; the Division Bench of this Court disposed of the said Writ Appeal on 21.06.2017 confirming the order of the learned single Judge and also dismissed WP No.8707 of 2016 and WP No.13764 of 2014 as infructuous along with the said writ appeal; thereafter, the Enquiry Officer submitted enquiry report stating that the charges are proved; after the division of the State, a se