Back
NINALA JAYASURYA
Dara Prakash Rao – Appellant
Versus
State of Ap – Respondent
ORDER
Ninala Jaya Surya, J. - The writ petition is field for the following relief:
'..to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to conduct auction on 28.09.2023 pursuant to Notice F.No.59/Lease/NLR/2020, dated 21.09.2023 for leasehold rights with respect to land of an extent of Ac.33.22 cents belonging to Mohiddinia Masjid situated at Damaramadugu Village, Buchireddypalem Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and Section 56 of Waqf Act, 1955 and Rule 4 of the Waqf Property Lease Rules, 2014 and consequently direct the respondents not to conduct auction proposed to be conducted on 28.09.2023 for leasehold rights with respect to land of an extent of Ac.33.22 cents belonging to Mohiddinia Masjid.'
2. The learned counsel for the petitioners, inter alia, submits that the petitioners are tenants of lands admeasuring an extent of Ac.32.20 cents covered by different survey numbers of Waqf land belonging to 'Mohiddinia Masjid, Damaramadugu Village'. He submits that the petitioners' ancestors and thereafter the petition
The Managing Committee of a Wakf institution can auction leasehold rights for less than one year without prior sanction from the Wakf Board, as per the Wakf Act.
Persons claiming interest in waqf property must demonstrate appropriate standing under the Waqf Act to challenge actions regarding the property, as determined by the defined scope of 'person interest....
The court ruled that lease applications for Waqf properties should be open to all community members, including those related to authority members, to ensure transparency and fairness in the leasing p....
The main legal point established in the judgment is the obligation of the respondent to obtain statutory approval and execute the lease deed in accordance with the provisions of the Waqf Act 1995, Se....
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
The main legal point established in the judgment is that disputes related to waqf properties, including possession of leased shops, fall under the jurisdiction of the Waqf Tribunal as per the provisi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
