THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15917 of 2011 (Dated : 19-07-2011) Between: Momin Committee (Muslim Minorities Welfare Association), Khammam District rep by its President, Mohd. Madar. ….…Petitioner. A n d The District Collector, Khammam, Khammam District and others. ….…Respondents. THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15917 of 2011 ORDER: This writ petition has been filed by Momin Committee (Muslim Minorities Welfare Association), Khammam District, represented by its President Mohd. Madar seeking declaration that the action of the Chief Executive Officer, A.P.Wakf Baord in issuing Memo Nos.(1) 569/KHM/2007-Zone III, dated 02.09.2008, (2) 569/KHM/2007-Zone III, dated 29.08.2008, (3) F.No.569/KHM/2007-Zone III, dated 06.02.2007 and (4) 574/KHM/2007-Zone III, dated 06.09.2008 as illegal and arbitrary. 2. The petitioner claims to be the Muslim Minorities Welfare Association. Mohd.Madar claiming to be the President of the petitioner-committee has sworn to the affidavit filed in support of the petition. The affidavit averments in brief are that the land admeasuring Acs.71.58 gunats comprising Sy.Nos.397, 421, 422, 423, 424, 425, 426, 427, 428, 429, 431, 432, 436, 470, 481, 483, 484, 485 has been declared as Wakf land namely; Ashorkhana Badeshahi. Out of Acs.71.58 guntas, 22 acres have been allotted for Edga and Grave Yard of Muslim Minorities. The 5th respondent issued memos impugned in the writ petition allotting the lands to various educational institutions on lease for a period of three years. A legal notice dated 13.4.2011 has been sent by the petitioner-association raising objection for grant of lease of the land to the educational institutions. According to the petitioner-committee, the Wakf Board has to consider the claim of its members for allotment of land for house sites. There being no action on the representation, the petitioner- association approached this Court invoking jurisdiction under article 226 of the Constitution of India. 3. Notice before admission came to be ordered on 14.06.2011. 4. Heard learned counsel appearing for the petitioner- association and learned counsel appearing for the respondents 2, 5 & 6. 5. Learned counsel appearing for the petitioner submits that grant of lease of the land to the educational institutions without considering the claim of the petitioner-association for allotment of the land to its members for house sites is illegal and therefore, the memos issued by the 5th respondent granting lease of land in favour of the educational institutions are to be declared as illegal and arbitrary and they are liable to be quashed. 6. Learned counsel appearing for the respondents 2, 5 & 6 submits that the lease of land is in accordance with Section 56 of the Wakf Act (for short ‘the Act’) and therefore, the petitioner-association has no right to question the same. 7. I have gone through the contents of the affidavit and also the provisions of Section 56 of the Act. The petitioner-association claims allotment of land to its members for house sites. Indisputably, the land is a Wakf land and the land has been leased to various educational institutions on annual lease. Section 56 of the Act permits the Wakf Board to grant lease not exceeding three years. The lease in favour of the educational institutions is only for three years which is within the permissible limits as provided under Section 56 of the Act, I do not see any irregularity or illegality in granting lease of the land in favour of the educational institutions. Hence I find that the petitioner has failed to make out any valid ground for admission of the writ petition. 8. Accordingly, the Writ Petition is dismissed at the admission stage. No order as to costs. ____________________________________ JUSTICE B. SESHASAYANA REDDY Date:19.7.2011. mrb