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 ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondent in not entering into the lease agreement with her in pursuance of the meeting held on 13.12.2005 as illegal and arbitrary. Learned counsel for the petitioner submits that petitioner is the owner of land in extent Ac.7.47 cents in S.No.19 of Dinnevarapadu village, Kurnnol Mandal and District having purchased the same in the year 2004 and developed the same by constructing buildings for running 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 the Wakf Act, 1955 (for short ‘the Act’) dated 21.04.2005 stating that the land in occupation of the petitioner was notified wakf land published in A.P. Gazette dated 24.10.1963 under Serial No.3035 and the petitioner was in illegal and unauthorized 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 aside the said notice giving liberty to the respondent to issue fresh notice under Section 51 of the Act. Accordingly, the respondent issued a fresh notice dated 22.10.2005 giving the complete details of the issue and sought for explanation. Petitioner filed a representation dated 30.11.2005 before the respondent to look into the matter personally and requested to verify the documents for issuing immediate instructions. Further the petitioner filed another representation dated 12.12.2005 suggesting that the land in question should be given on lease to her and gave her willingness to pay the rents to the wakf. In view of the letter dated 12.12.2005, the respondent agreed to lease out the said property to the petitioner in their meeting held on 13.12.2005 @ 3,000/- per acre along with non refundable deposit of Rs.7,00,000/-. Learned counsel further submits that the petitioner deposited a sum of Rs.5,00,000/- towards non refundable deposit and Rs.22,410/- towards the rents for one year 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 lease in respect of the land in question as expeditiously as possible within two weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. ______________ V. ESWARAIAH, J December 28, 2005 DSK