APHC010146312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8299/2025 Between: 1. SYED AHMED JHAN, SYED AHMED JHAN KHADER MOHIDDIN, AGED ABOUT 60 YEARS, R/O D. NO 13-2-39-1, KANDUKUR VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY IT PRINCIPLE SECRETARY, (IDM) MINORITIES WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAQF BAORD, REP BY ITS CHIEF EXECUTIVE OFFICER, VIJAYAWADA, KRISHNA DISTRICT. 3. THE INSPECTOR AUDITOR, OFWAQFS SPSR NELLORE DISTRI ...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 to issue an order or a writ, specifically one in the nature of writ of mandamus, declaring the action of the respondents more particularly the action of the Respondent No. 2 in not considering the petitioners representation Dt. 10.02.2025 and not constituting the managing committee for supervision of the Jamia Idgah Institution at Kandukur Village and Mandal, SPSR Nellore District as illegal, arbitrary, without basis and against the principles of natural justice and contrary to Article 14 and 21 of the SRS,J W.P.No.8299 of 2025 constitution and also in contravention of the Waqf Act, 1995 and its rules framed thereunder and consequently direct the respondent No.2 to forthwith constitute the manage committee for the better supervision of the Waqf Institution and pass IA 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 Respondent No.2 to forthwith consider and pass speaking order on the representation Dt. 10.02.2025 pending adjudication of the main writ petition and pass IA NO: 2 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 Counsel for the Petitioner: 1. PILLA YASWANI 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 action of respondent No.2 in not considering the representation dated 10.02.2025 (Ex.P4), made by the petitioner, regarding the constitution of Managing Committee in respect of Jamia & Idgah institution at Kandukur Village and Mandal, SPSR Nellore District, as illegal and arbitrary. 2. Heard Smt P. Yaswani, learned counsel for the petitioner and Sri Shaik Khaja Basha, learned Standing Counsel, appeared for respondents 2 & 3. 3. Learned counsel for the petitioner would submit that Jamia & Idgah Institution of Kandukur Village and Mandal, SPSR Nellore District, is a notified SRS,J W.P.No.8299 of 2025 Waqf land and got published in AP Gazette No.18-A, Part-II, dated 02.05.1963, page Nos.98 & 99. The Managing Committee was constituted for two years, and the period expired on 26.05.2018. Thereafter, the Mussalis elected the petitioner as the Managing Committee and the same was informed to the Inspector Auditor of Waqf, Nellore District. In turn, the Inspector Auditor of Waqf submitted a report dated 08.05.2022, to the Andhra Pradesh State Waqf Board. The Board in its 13th meeting, held on 24.08.2022, passed a resolution No.318/2022, dated 24.08.2022 and resolved to constitute a Managing Committee for the subject Waqf institution, under the presidency of Janab Syed Ahmed Jaan and 6 others, for one year. The petitioner made a representation dated 10.02.2025, to constitute a Waqf Committee. However, no committee has been constituted. 4. Sri Shaik Khaja Basha, learned Standing Counsel would submit that respondent No.2 will place the representation made by the petitioner, before the Board and the Board will pass an appropriate order in terms of Section 18 r/w Regulation 22 of the Andhra Pradesh Waqfs Managing Committee (Constitutions, Functions & Duties) Regulations, 2009. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, directing respondent No.2 to place the representation made by the petitioner dated 10.02.2025 (Ex.P4) before the Board, within three (03) weeks from today. The Board shall take an appropriate decision regarding the constitution of a Committee, within four (04) weeks thereafter. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 02.04.2025 TVN SRS,J W.P.No.8299 of 2025 203 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.8299 OF 2025 Date : 02.04.2025 TVN