HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24476 of 2010 Date 01.10.2010 Between: Sk.Fatima. ..... PETITIONER AND A.P. State Wakf Board, rep. By its Chief Executive Officer, opp. Public Gardens, Nampally, Hyderabad and others. .....RESPONDENTS Counsel for the Petitioner : Sri M.V.Venu Counsel for Respondent No.1 : Mir Masood Khan Counsel for Respondent No.2 : Assistant Government Pleader for Civil Supplies HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24476 of 2010 ORDER: This Writ Petition is filed for a Mandamus to set aside the Memo No.789/KHM/DM/2009/Z-IV dated 16.09.2010 of respondent No.1. The petitioner is an educational institution. It has applied to respondent No.1 for grant of lease over an extent of Ac1.03 cents in Sy.No.496 of Dargah Hazrath Ganj-E-Shaheed (Rh) situated at Khammam Town. After certain correspondence, respondent No.1 has called for a report from the Inspector/Auditor Wakfs, Khammam District who, through his report dated 20.11.2009, has informed the Wakf Board that the rental market price in the vicinity is above Rs.8,500/- per annum. The application of the petitioner, along with the said report, was considered by respondent No.1 who, vide its resolution dated 14/15.09.2010, unanimously resolved to reject her request on the ground that the rent offered by her was not reasonable. Accordingly, the impugned memo has been issued by respondent No.1, wherein it is inter alia stated that action is being taken to call for the offers from the interested parties for higher rent in the interest of Wakf administration. At the hearing Sri M.V.Venu, learned Counsel for the petitioner, submitted that several reports were submitted in favour of the petitioner to the effect that the annual rent of Rs.8,500/- offered by her was reasonable and, therefore, respondent No.1 is not justified in rejecting her application. In my opinion, the petitioner has no legally enforceable right to insist that the property belonging to a registered Wakf should be given to her on lease. It is fairly well settled legal position that the normal way of disposal of properties held by the State or any other public institution shall be by way of auction and only in exceptional circumstances such a procedure can be dispensed with. If respondent No.1, which is constituted for the purpose of safeguarding the wakf properties, has felt that the offer made by the petitioner does not reflect the market price, it always has discretion to turn down her request. That is what exactly done by respondent No.1. It is always in the interest of wakf to follow the normal method of giving away the land on lease through public auction. Therefore, the action of respondent No.1, which conforms to the established procedure governing disposal of public properties, is not liable to be interfered with. For the above mentioned reasons, the Writ Petition is dismissed. As a sequel to dismissal of the main petition, WPMP.No.31333 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY,J Date:01.10.2010 usd