APHC010494142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.25326, 24841, 24843, 24850, 24942 and 25319 of 2024 WRIT PETITION No.25326 of 2024 Between:

1. VENKATA SUBBAMMA, W/O PRABHAKAR REDDY AGED ABOUT 70 YEARS, R/O 15-62, RADHAM CENTRE, ULAVAPADUMANDALAM, ULAVAPADU, SPSR NELLORE DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT.

2. THE A P STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR BUILDING, KALESWARA RAO MARKET, TARAPET, VIJAYAWADA.

3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT.

4. THE SUB COLLECTOR, KANDUKUR DIVISION, SPSR NELLORE DISTRICT.

5. THE INSPECTOR AUDITOR WAQF, SPSR NELLORE, NELLORE DISTRICT.

6. THE TAHASILDAR AND MANDAL EXECUTIVE MAGISTRATE, ULAVAPADU MANDAL, SPSR NELLORE, NELLORE DISTRICT.

7. MASJIDEWALAJAH REP BY ITS MUTTAWALI, M.D.ALEEMUDDIN, S/O LATE KHAJA QUTUBDIN, AGED 60 YEARS, OCC JOINT MUTAWALLIS MAZID-E-WALAJAH, RAMAYAPATANAM, KURVAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. PRESENTLY RESIDING AT H.NO.10-2-9/A/B, A.C.GUARDS, HYDERABAD, TELANGANA. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.09.02.2026 IN I.A.NO.01 OF 2025.

...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, especially one in the nature of Writ of Mandamus declaring action of 6^th Respondent in threatening to evict the writ petitioner from the subject land to an extent of Ac.5.95 in Sy.No.304/1, situated in K. Rajupalem village, Ulavapadu mandal, SPSR Nellore district under the guise of the proceedings vide B/478/2015 dated 07.10.2024 passed under Section 55 of Waqf Act, as arbitrary, illegal, against the principles of Natural Justice and violation of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to evict the petitioners from the subject land.

Counsel for the Petitioner:

1. AYESHA AZMA S Counsel for the Respondent(S):

1. GP FOR REVENUE

2. G SAI NARAYANA RAO

3. GP FOR SOCIAL WELFARE

4. SHAIK KHAJA BASHA The Court made the following:

COMMON ORDER:

As the issue in all the Writ Petitions is common, the present Writ Petitions are being disposed of by way of this Common Order. For the sake convenience, the facts in W.P.No.24841 of 2024 are mentioned in this common order.

2. The 6^th respondent-Tahsildar and Mandal Executive Magistrate has issued proceedings dated 07.10.2024 vide Rc.B/478/2015, directing the petitioners herein to vacate from the land in Sy.No.304 admeasuring an extent of Acs.39.62 cents situated in K.Rajupalem Village of Ulavapadu Mandal, SPSR Nellore District, on the ground that the said property is registered and notified as waqf property published in the Andhra Pradesh Gazette dated 02.05.1963 and to hand over the vacant possession to the Inspector Auditor Waqfs, SPSR Nellore District within 15 days from the date of receipt of the order, failing which the petitioners will be evicted from the encroachment of the land free of encumbrances.

3. The said notice was assailed in the present Writ Petition on the ground that the petitioners have purchased the subject property by way of registered sale deed and they are in possession of the property and the revenue authorities have issued pattadar passbooks and title deeds in their favour and the said notice is final order and no prior notice was issued before the impugned order dated 07.10.2024. Hence, prayed to set aside the impugned order dated 07.10.2024 issued by the 6^th respondent-Tahsildar and Mandal Executive Magistrate.

4. Learned counsel appearing for the impleaded respondents and the Waqf Board would submit that the property in S