Back
DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Dara Prakash Rao – Appellant
Versus
State of Andhra Pradesh, Minority Welfare Department Secretariat – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
1. Heard Sri O. Manoher Reddy, learned Senior Counsel represented on behalf of Sri C. Subodh, learned counsel for appellants, the learned Government Pleader for Social Welfare, appearing for respondent No. 1, Sri Mohammed Gayasuddein, learned counsel appearing for respondent No. 2, Sri Shaik Rafi, learned counsel appearing for respondent No. 3, Sri S.M. Subhani, learned counsel appearing for respondent No. 4 and Sri Gannavarapu Suryam, learned counsel appearing for respondents 5 to 13.
2. It is the case of the appellants that they are tenants of land admeasuring Ac.32.20 cents in different survey numbers of Damaramadugu Village, Buchireddypalem Mandal, SPSR Nellore District belonging to Mohiddinia Masjid, Damaramadugu Village. It is contended that the ancestors of the petitioners and subsequently the petitioners have been cultivating these lands from the year 1970 onwards and have been paying rent to the Managing Committee of the said Masjid.
3. The District Wakf Officer proposed to conduct an auction of the leasehold rights of these lands through a notification dated 11.08.2021 and the same came to be challenged by the petitioners, in a writ 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....
A writ of mandamus can be issued to compel execution of a lease agreement when prior court orders are not followed, and tenancy rights must be recognized even if the property is classified as kabrist....
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
