Eviction of persons from property claimed by the Waqf Board must be conducted in accordance with the due process of law as prescribed under Section 54 of the Waqf Act, 1995.

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 an appropriate Writ, Order, or Direction, preferably one in the nature of a Writ of Mandamus, declaring the action of Respondents in taking steps to dispossess the Petitioners with respect to land admeasuring an extent of Ac. 1.50 Cents and Ac. 1.35 Cents respectively in Sy.Nos 31,32/A,33,34 and 62 in Bit 1 Village, Nellore Mandal, Sri Potti Sriramulu Nellore District being contrary to the Waqf Act, 1995 as arbitrary, illegal, unwarranted, constitutional, unsustainable and violative of Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India and consequently direct the Respondents not dispossess the Petitioners from the subject property without following due process of law and pass such

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents not to dispossess the Petitioners with respect to land admeasuring an extent of Ac. 1.50 Cents and Ac. 1.35 Cents respectively in Sy.Nos 31,32/A,33,34 and 62 in Bit-1 Village, Nellore Mandal, Sri Potti Sriramulu Nellore District and to pass such

The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.10936 of 2026

ORDER:-

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate Writ, Order, or Direction, preferably one in the nature of a Writ of Mandamus, declaring the action of Respondents in taking steps to dispossess the Petitioners with respect to land admeasuring an extent of Ac.1.50 Cents and Ac.1.35 Cents respectively in Sy.Nos.31,32/A,33,34 and 62 in Bit 1 Village, Nellore Mandal, Sri Potti Sriramulu Nellore District being contrary to the Waqf Act, 1995 as arbitrary, illegal, unwarranted, constitutional, unsustainable and violative of Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India and consequently direct the Respondents not dispossess the Petitioners from the subject property without following due process of law and pass such other order in the interest of justice.…”

2. Heard Sri Mocherla Deepak Bhargavaram, learned counsel for the petitioners, Sri Shaik Khaja Basha, learned counsel for respondent No.2 and learned Assistant Government Pleader for Revenue for respondent Nos.3 to 5.

3. It is the case of the petitioners that the petitioners entered an agreement of sale with their vendors on 15.10.1995. Since then, the petitioners are in possession of the property. The respondents are trying to dispossess the petitioners from the subject land.

4. Learned counsel for respondent No.2 would submit that property belongs to Waqf Board and the same was notified in the A.P.Gazette No.18-A dated 02.05.1963.

5. Under Section 54 of the Waqf Act, 1995, the respondents should evict the petitioners by following due process of law.

6. Therefore, with the consent of both the learned counsel, the present Writ Petition is disposed of at the admission stage, directing the respondents to follow due process of law before evicting the petitioners. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending if any, shall stand closed.