IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH 6aY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6233 OF 2025 Between: Shaik Abdul Salam, S/o. Subhan, Aged about 67 years, Occ: Founder Wakif, Dargah Hazrath Syed Baji Baba and.its attaehed Idgah at Vemavaram Village, H/o. Kothuru Tadeppali, Vijayawada Rural Mandal, R/o. D.No.7-261, Near Sai Baba Temple, 0pp. Municipal Office, Gollapalemgattu, Vijayawada City, NTR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Minority Welfare Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The A.P. State Wakf Board, Rep. by its Chief Executive Officer, 4th Floor, Imdadghar Wakf Cpmplex, 0pp. Kaleswara Rao Market, Vijayawada. 3. The Chief Executive Officer, A.P. State Wakf Board, 4th Floor; Imdadghar Wakf Complex, 0pp. Kaleswara Rao Market, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of a writ of mandamus declaring the inaction of the respondents particularly the respondent nos.2 and 3 for not notifying the petitioner as Muthawalli to the wakf institution namely Dargah Hazrath Syed Baji Baba and its attached Idgah at Vemavaram Village, H/o. Kothuru Tadepalli Village, Vijayawada Rural Mandal notified in the A.P. Gazette W.No.3, dated 18.08.2018 by duly incorporating the petitioner name at , Column nos.2 and 11 of the Munthakhab in F.No.03/Regn/KSN/2017 , dated 30.10.2017 is being illegal, arbitrary against the provisions of Wakf Act, 1995 and in violation of Article 14, 21 and 300-A of the Constitution of India and consequentially direct the ffespondent nos.2 and 3 recognize the petitioner as a muthawalli to the wakf institution notified in the A.P. Gazette W.No.3, dated 18.08.2018 namely Dargah Hazrath Syed Baji Baba and its attached Eidgah at Vemavaram Village. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the representation dated 27.12.2024 submitted by the petitioner. Counsel for the Petitioner: SRI S M SUBHAN REPRESENTING SRI SURYAM GANNAVARAPU Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 & 3: SRI SHAIK KHAJA BASHA (SC FOR AP WAQF BOARD) The Court made the following: ORDER APHC010122802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 [3331] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6233/2025 Between: 1.SHA1K ABDUL SALAM, S/0. SUBHAN, AGED ABOUT 67 YEARS, OEC. FOUNDER WAKIF, DARGAH HAZRATH SYED BAJI BABA AND ITS ATTAEHED IDGAH AT VEMAVARAM VILLAGE, H/0. KOTHURU TADEPPALI, VIJAYAWADA RURAL MANDAL, R/0. D.NO.7-261, NEAR SAI BABA TEMPLE, OPP. MUNICIPAL OFFICE, GOLLAPALEMGATTU, VIJAYAWADA CITY, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, MINORITY WELFARE DEPARTMENT, A.P. A.P. 2.THE A P STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR WAKF COMPLEX, OPP. KALESWARA RAO MARKET, VIJAYAWADA. 3.THE CHIEFEXECUTIVEOFFICER, A.P. STATE WAKF BOARD, 4TH FLOOR, IMDADGHAR WAKF COMPLEX, OPP. KALESWARA RAO MARKET, VIJAYAWADA. ...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 pressed to issue a writ or order or direction more particularly one in the nature eta SRS,J W.P.No.6233 of 2025 of a writ of mandamus declaring the inaction of the respondents particularly the respondent nos.2 and 3 for not notifying the petitioner as Muthawalli to the wakf institution namely Dargah Hazrath Syed Baji Baba and its attached Idgah at Vemavaram Village, H/o. Kothuru Tadepalli Village, Vijayawada Rural Mandal notified in the A.P. Gazette W.No.3, dated 18.08.2018 by duly incorporating the petitioner name at Column nos.2 and 11 of the Munthakhab in F.No.03/Regn/KSN/2017, dated 30.10.2017 is being illegal, arbitraiy against the provisions of Wakf Act, 1995 and in violation of Article 14, 21 and 300-A of the Constitution of India and consequentially direct the respondent nos.2 and 3 recognize the petitioner as a muthawalli to the wakf institution notified in the A.P. Gazette W.No.3, dated 18.08.2018 namely Dargah Hazrath Syed Baji Baba and its attached Eidgah at Vemavaram Village and pass lA NO: 1 OF 2025 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 to consider the representation dated 27.12.2024 submitted by the petitioner and pass Counsel for the Petitioner: 1.SURYAM GANNAVARAPU Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondents 2 & 3 in notifying the petitioner as Muthawalli to the waqf institution viz., Dargah Hazrath Syed Baji Baba and its attached Idgah at Vemavaram Village, Kothuru Tadepalli Village, Vijayawada Rural Mandal, as illegal and arbitrary. Page 3 of 5 SRS,J W.P.No.6233 of 2025 2. Heard Sri S.M.Subhan, learned counsel representing Sri G. Suryam, learned counsel for the petitioner and Sri Shaik Kaja Basha, learned Standing Counsel, appeared for respondents 2 & 3. The petitioner in the writ affidavit pleaded that he is the founder of Dargah Hazrath Syed Baji Baba and its attached Idgah situated in an extent of Ac.0.45 cents in Sy.No.104/18 of Vemavaram Village. For development, to protect the institution, the petitioner approached respondent No.2 and made an application dated 14.07.2017 (Ex.P2), for registration. Respondent No.2 issued a notification in F.No.03/Regn/KSN/2017, dated 26.09.2017 (Ex.P5), calling objections from the general public. Since no objections were received, respondent No.2, published Munthakhab, dated 30.10.2017 (Ex.P3). Without incorporating the name of the petitioner in column Nos 2 & 11 of the said Munthakhab as Muthawali, it was notified in the Andhra Pradesh Gazette W.No.3, dated 18.08.2018. Thereafter, the petitioner made an application to constitute a managing committee with all family members as a towliath committee. The said committee was constituted for two years on 26.10.2017. 3. 1 1. i The petitioner made several representations dated 17.02.2023 & 02.03.2023, etc. to recognize him as Muthawalli of the institution. Thereafter, the petitioner filed W.P.No.4562 of 2023 and the said writ petition was disposed of, directing the respondent No.2 therein to consider the representation made by the petitioner dated 17.02.2023. Thereafter, a committee was constituted, headed by one Sri Shaik Yakub Basha vide F.NO.24/KSN/2017, dated 24.02.2023. The petitioner filed W.P.No.6810 of 2023, and the said writ petition was dismissed, directing the petitioner to approach the waqf tribunal. The petitioner made another representation dated 27.12.2024 to recognize him as Muthawalli. However, the same was not considered. 4. \ SRS.J W.P.No.6233 of 2025 5. Sri Shaik Basha, learned Standing Counsel 2 & 3 would submit that the CEO of appearing for respondents respondent No.2 will place the representation made by the petitioner along with Exs.P1, P2, P4 & P8, before the Board and the Board will pass appropriate orders, strictly as per the Rules. Learned counsel for the petitioner endorsed the same. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission With the consent of both the learned counsel directing the CEO of respondent the relevant material before of the receipt of a copy of the pass appropriate orders, strictly as per the as to costs. No.2 to piace Exs.P1, P2, P4 & P8 along with all the Board, within four (04) weeks from the date order. The learned Board shall Rules, within eight (08) weeks thereafter. No order As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Welfare Department, A.P. Secretariat Velagapudi, Amaravathi, Guntur District, A.P. ‘’y '*= Executive Officer Floor, Imdadghar Wakf Complex, 0pp. Kaleswara Rao Market Vijayawada. Officer A.P. State Wakf Board, 4th Floor, Imdadghar Wakf Complex, 0pp. Kaleswara Rao Market, Vijayawada. 4. One CC to Sri Suryam Gannavarapu Advocate [OPUC] Welfare, High Court of Andhra 6. Three CD Copies 4th Pradesh. TF 4 HIGH COURT DATED:12/03/2025 ORDER WP.No.6233 of 2025 0 'I APR 2025 I . Current Section . ^ X DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS