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2025 DAILYLAW 11290 (AP)

Shaik Zigiriya Basha, v. The State of Andhra Pradesh,

WP/6871/2025 · 2025-03-19

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

m IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) X o WEDNESDAY, THE NINETEENTH DAY OF MARCH-^p TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6871 OF 2025 Between: Shaik Zigiriya Basha, S/o. Shaik Masthan Saheb, Aged about 44 years, R/o.D.No. 3-3-65, Pogathota Street, Masha Allah Mansion, Tirupathi Urban, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Minority and Social Welfare Department, Secretariat, Amaravathi, Guntur District. 2. The A.P. State Waqf Board, Rep.by its Chief Executive Officer, 4th and 5th floor, imdadghar, Waqf Compiex, K.R. Market, Vijayawada, Krishna District. 3. The Chief Executive Officer, AP State Waqf Board, 4th and 5th floor, Imdadghar, Waqf Complex, K.R. Market, Vijayawada, Krishna District. ' 4. The Inspector Auditor, District Waqf Office, Collectorate Tirupathi District. V..-'-" ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not considering the the High Court may V Representation dt 16.01.2025 submitted by the petitioner to constitute the proposed panel for Khadeem Masjid situated in P.P.Chavidi, Tirupathi Town, Tirupathi District, and kept pending without passing any orders, and to declare the same, as illegal, arbitrary, and violative of principles of natural justice, and also violation of fundamental rights of the Constitution of India and also contrary to the settled principles of law, and consequently direct the respondents to consider the Representation dt 16.01 2025 submitted by the petitioner to constitute the proposed panel for Khadeem Masjid situated in P.P.Chavidi, Tirupathi Town, Tirupathi District, by duly passing appropriate orders. ' 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 direct the respondents to consider the Representation dt: 16.01.^^025 submitted by the petitioner to constitute the proposed panel for Khadeem Masjid situated in P.P.Chavidi, Tirupathi Town, Tirupathi District for passing orders in the interest of the Masjid, pending disposal of the writ petition. Counsel for the Petitioner: SRI. RAVULA NAGARJUNA Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 to 4: SRI SHAIK KHAJA BASHA SC FOR WAQF BOARD The Court made the following order: * v % APHC010130252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -<3 [3331] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6871/2025 Between: Shaik Zigiriya Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: ORDER Heard Sri Ravula Nagarjuna, learned counsel for the petitioner and Sri Shaik Khaja Basha, learned standing counsel for respondents 2 to 4. 2. The grievance of the petitioner is that the representation dated 16.01.2025 made by him to constitute the managing committee of Khadeem Masjid situated in P.P. Chavidi, Tirupati Town, has not been considered. I { \ The petitioner, a resident of Pogathota Street, Tirupati Urban, filed the above writ petition. In the affidavit, it was contended, interalia, that Khadeem Masjid is located in P.P. Chavidi and the petitioner is participating in religious activities of the said masjid. One Shaik Lai Ahmad served as Mutawali and he died on 14.12.2024. Subsequently, there is no proper administration and hence, the petitioner made a representation to constitute the managing committee. 3. Learned standing counsel, on instructions, would submit that the CEO of the 2'’'^ respondent will place the representation made by the petitioner before the Waqf board and the members of the Waqf board will pass appropriate orders strictly following Sec 18 of the A.P. Waqf Act, 1995. 4. Indeed, such practice of directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India Vs. P.VenkateshV 5. However, given the facts and circumstances of the case, this Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the learned CEO of the 2"^^ respondent to place the representation dated 16.01.2025 (Ex.PI) before the Waqf board within six weeks from the date of this order. Upon placing such representation, the learned Waqf board shall pass appropriate orders strictly as per law, within eight weeks thereafter. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 6. 1 (2019) 8 SCALE 544 Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// l^i^FFICER SECTI To 1. The Principal Secretary, Minority and Social Welfare Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. The Chief Executive Officer, A.P.State Waqf Board, 4th and 5th floor, Imdadghar, Waqf Complex, K.R. M^ket, Vijayawada, Krishna District. The Inspector Auditor, District WaqfOffice, Collectorate Tirupathi District. " One CC to Sri. Ravula Nagarjuna Advocate [OPUC] One CC to Sri. Shaik Khaja Basha SC for Waqf Board [OPUC] Two CCs to GP for Social Welfare, High Court Of Andhra Pradesh. [OUT] 2. 3. 4. 5. 6. 7. Three CD Copies GSC HIGH COURT DATED:19/03/2025 ^ ORDER WP.No.6871 of 2025 I' 01 APR 2025 B; Current Section DISPOSING OF THE WP WITHOUT COSTS