Telangana High Court
WP/27680/2005 of C. Lalitha, Vs The A.P. State Wakf board, rep. by its Chief Executive- on 28 December 2005
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27680 OF 2005 Dated: 28-12-2005 Between C. Lalitha, W/o. Chinnapa Reddy, R/o. 50/760, Gayathri Estates, Kurnool, Kurnool District. …PETITIONER AND The A.P. State Wakf Board, rep. by its Chief Executive Officer, HUZ House, Nampally,
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.27680 OF 2005
Dated: 28-12-2005
Between
C. Lalitha, W/o. Chinnapa Reddy,
R/o. 50/760, Gayathri Estates,
Kurnool, Kurnool District.
…PETITIONER
AND
The A.P. State Wakf Board, rep. by its
Chief Executive Officer, HUZ House,
Nampally, Hyderabad.
…RESPONDENT
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ORDER:
Petitioner seeks a Writ of Mandamus to declare the action of the respondent in not enteringinto the lease agreement with her in pursuance of the meeting held on 13.12.2005 as illegaland arbitrary.
Learned counsel for the petitioner submits that petitioner is the owner of land in extentAc.7.47 cents in S.No.19 of Dinnevarapadu village, Kurnnol Mandal and District havingpurchased the same in the year 2004 and developed the same by constructing buildings forrunning the educational institutions in the name and style of “Sai Teja Education Institute”.Petitioner is also running two Junior colleges by name Vijawayada Nalanda Junior College at Kurnool. While so, the respondent – wakf board issued notice under Section 51 of theWakf Act, 1955 (for short ‘the Act’) dated 21.04.2005 stating that the land in occupation ofthe petitioner was notified wakf land published in A.P. Gazette dated 24.10.1963 under Serial No.3035 and the petitioner was in illegal andunauthorized possession and directed the petitioner to explain with documentary evidence.Aggrieved by the same, petitioner filed WP.No.12985 of 2005 wherein this Court set asidethe said notice giving liberty to the respondent to issue fresh notice under Section 51 of theAct. Accordingly, the respondent issued a fresh notice dated 22.10.2005 giving thecomplete details of the issue and sought for explanation. Petitioner filed a representationdated 30.11.2005 before the respondent to look into the matter personally and requested toverify the documents for issuing immediate instructions. Further the petitioner filed anotherrepresentation dated 12.12.2005 suggesting that the land in question should be given onlease to her and gave her willingness to pay the rents to the wakf. In view of the letter dated12.12.2005, the respondent agreed to lease out the said property to the petitioner in theirmeeting held on 13.12.2005 @ 3,000/- per acre along with non refundable deposit ofRs.7,00,000/-. Learned counsel further submits that the petitioner deposited a sum ofRs.5,00,000/- towards non refundable deposit and Rs.22,410/- towards the rents for oneyear to show her bonafidies.
Having regard to the facts and circumstances of the case, the respondent is directed to take appropriate final decision with regard to the grant of leasein respect of the land in question as expeditiously as possible within two weeks from thedate of receipt of a copy of this order.
The writ petition is accordingly disposed of.
December 28, 2005DSK
______________
V. ESWARAIAH, J