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2023 DAILYLAW 2277 (AP)

SHAIK NAYAB RASOOL v. The State of Andhra Pradesh

WP/9907/2023 · 2026-07-27

Ravi Cheemalapati

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010193412023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 28 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9907/2023 Between: 1. SHAIK NAYAB RASOOL, S/O. MOULALI, AGED ABOUT 39 YEARS, OCC. HEREDITARY MUTAWALLI, R/O. RTC BUS STAND CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, A.P. 2. SHAIK ALLA BASHA, S/O. REHAMAN SAHEB, AGED ABOUT 46 YEARS, OCC. HEREDITARY MUTHAWALLI, R/O. D.NO.1 ROAD, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, A.P. 3. SHAIK NAYAB RASOOL, S/O. RAMTHU SAHEB, AGED ABOUT 45 YEARS, OCC. HEREDITARY MUTHAWALL CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, A.P. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 2. THE A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDAD GHAR WAKF COMPLEX, OPP. KALESWARA RAO MARKET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE INSPECTOR AUDITOR WAKFS, SPSR NELLORE DISTRIC W.P.No.907 of 2023 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9907/2023 RASOOL, S/O. MOULALI, AGED ABOUT 39 YEARS, OCC. HEREDITARY MUTAWALLI, R/O. RTC BUS STAND CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, BASHA, S/O. REHAMAN SAHEB, AGED ABOUT 46 YEARS, OCC. HEREDITARY MUTHAWALLI, R/O. D.NO.1-103, MAIN ROAD, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE SHAIK NAYAB RASOOL, S/O. RAMTHU SAHEB, AGED ABOUT 45 YEARS, OCC. HEREDITARY MUTHAWALLI, R/O. RTC BUS STAND CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. THE A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDAD GHAR WAKF COMPLEX, OPP. KALESWARA RAO MARKET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. THE INSPECTOR AUDITOR WAKFS, SPSR NELLORE DISTRIC RC,J W.P.No.907 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI RASOOL, S/O. MOULALI, AGED ABOUT 39 YEARS, OCC. HEREDITARY MUTAWALLI, R/O. RTC BUS STAND CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, BASHA, S/O. REHAMAN SAHEB, AGED ABOUT 46 103, MAIN ROAD, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE SHAIK NAYAB RASOOL, S/O. RAMTHU SAHEB, AGED ABOUT 45 I, R/O. RTC BUS STAND CENTRE, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT ANDHRA PRADESH. THE A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDAD GHAR WAKF COMPLEX, OPP. KALESWARA RAO MARKET, VIJAYAWADA, KRISHNA THE INSPECTOR AUDITOR WAKFS, SPSR NELLORE DISTRICT, RC,J W.P.No.907 of 2023 2 OFFICE AT COLLECTORATE COMPOUND, NELLORE, SPSR NELLORE DISTRICT, A.P. 4. THE MADINA MASJID EXISTING IN ASHOORKHANA LAND MANAGING COMMITTEE, REP. BY ITS PRESIDENT, SYED RASOOL SAHEB S/O. AND AGE NOT KNOWN TO THE PETITIONER, C/O. MADINA MASJID EXISTING IN ASHOORKHANA LAND, JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, A.P. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toplease to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in F.No.01/NLR/KJ2019, dated 23.02.2023 for constituting the 4th respondent managing committee for the notified wakf institution namely Madina Masjid existing in Ashoorkhana land, Jaladanki Village and Mandal a period of 2 years, U/s.18 of the Wakf Act, 1995 is being illegal, arbitrary, unconstitutional, without jurisdiction and in violation of provisions of the Wakf Act, 1995 and the A.P. Wakf Managing Committee (Constitutions, Functions and Duties) Regulations, 2009 and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to suspend the proceedings issued by the 2 respondent Board for constituting the 4threspondent managing committee vide F.No.01/NLR/KJ2019, dated 23.02.2023 and pass Counsel for the Petitioner(S): 1. SURYAM GANNAVARAPU Counsel for the Respondent(S): 1. MOHAMMED GAYASUDDIN 2. GP FOR SOCIAL WELFARE 3. T JANARDHAN RAO RC,J W.P.No.907 of 2023 3 ORDER Sri G.Suryam, learned counsel for the petitioners, submitted that the writ petition was filed questioning the proceedings of respondent no.2 vide F.No.01/NLR/K/2019, dated 23.02.2023 in constituting the respondent no.4- Managing Committee for notified wakf institution. As the tenure of the Managing Committee of respondent no.4 has already been expired by 22.02.2025, nothing survives for adjudication in the matter and the writ petition has rendered infructuous and to the same effect he also addressed a letter dated 16.07.2026 to the registry. 2. Perused the letter. 3. In view of the submissions made by learned counsel for petitioner, since nothing survives for adjudication in this writ petition the same can be dismissed as infructuous. 4. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE RAVI CHEEMALAPATI 28TH July, 2026. RR