RAMINENI SAMBASIVARAO Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The relief sought for in this writ petition is to declare G.O. Ms. No. 163 dated 28.9.2000 as arbitrary, illegal and without jurisdiction and, consequently, to set aside the same.

(2.) The petitioners claim to be cultivating tenants of an extent of Acs. 186.57 of land belonging to the Big Mosque in Guntur Town. It is wholly unnecessary to refer to the history of the litigation, as narrated in the affidavit, as the question which necessitates examination is only with regards the validity of G.O. Ms. No. 163, Minor Welfare (Wakf.I) Department, dated 28.9.2000, whereby the Government ordered alienation of the said extent of 186.57 acres of wakf land under the Big Mosque, in Survey Nos.234 to 245, 248 to 250 at Reddypalem Village, Guntur District, in favour of the Vijayawada-Guntur-Tenali- Mangalagiri Urban Development Authority subject to the following conditions: (i) The Vijayawada-Guntur-Tenali- Mangalagiri Urban Development Authority shall make payment at the rate of Rs.8.00 lakhs per acre to the A.P. State Wakf Board in one lumpsum; (ii) The Vijayawada-Guntur-Tenali- Mangalagiri Urban Development Authority should dispose the land through public auction after developing the same for residential purpose; (iii) The A.P. State Wakf Board shall return the deposit amount of Rs. 1.00 lakh with current Bank interest to the Z.P. Teachers' Co-operative House Building Society Limited, Guntur; (iv) The A.P. State Wakf Board shall plan for proper utilization of the sale proceeds in consultation with the Government preferably by depositing the same in a Nationalized Bank as fixed deposit.

(3.) The State Wakf Board was directed to give its consent, to the conditions mentioned in the order, by way of a resolution and the Collector, Guntur was asked to take necessary immediate action to evict the encroachers from the said wakf land. This order came to be passed on a letter being addressed by the Chief Executive Officer, A.P. Wakf Board on 27.3.1997 requesting the Government to accord permission to dispose of 186.57 acres of wakf land belonging to the Big Mosque in the interest of protecting wakf property from the hands of land grabbers. The Government, vide memo dated 30.7.1997, directed the Chief Executive Officer to publish a notification in the Official Gazette duly following the procedure prescribed under Section 52 of the Wakf Act for the sale of the said wakf land before sending proposals to the Government. Thereafter, a notification is said to have been issued under Section 51(2) and proposals, in proceedings dated 19.6.1998, were sent seeking permission of the Government for sale of wakf land of 186.57 acres through "open auction". Another proposal was sent on 22.10.1998 requesting the Government to allot 50 acres, out of the total extent of 186.57 acres of wakf land under the Big Mosque to the Z.P. School Teachers' Cooperative House Building Society for house sites as per the prevailing rate as the Z.P. Teachers' Society had earlier participated in the open auction conducted by the Wakf Board and had deposited Rs. 1,00,000/- in the year 1982. The G.O. takes note of the fact that the said auction was cancelled by the A.P. State Wakf Board on the ground that the bid rate quoted by the Teachers Association was a lower quotation. The order of the Government is impugned in the present writ petition mainly on the ground that the conditions prescribed under Section 51 of the Wakf Act were not complied with.