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2025 DAILYLAW 1703 (AP)

Shaik Sajid Ahamed v. The State of Andhra Pradesh

WP/36829/2025 · 2026-04-26

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010720712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36829/2025 Between: 1. SHAIK SAJID AHAMED, S/O. SHAIK MAHABOOB SHARIF, AGED ABOUT 38 YEARS R/O., 4TH STREET, PARAMESWARI NAGAR, NELLORE TOWN, SPSR NELLORE DISTRICT. PIN 524001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. PIN 522241. 2. THE AP STATE WAQF BOARD, REP.BY ITS CHIEF EXECUTIVE OFFICER, 4 FLOOR, IMDADGHAR, OPP.KALESWARA RAO MARKET VIJAYAWADA. PIN 520001. 3. MD RUHULLAH, ELECTED MEMBER, A.P. STATE VA/AQF BOARD 4TH FLOOR, IMDAD GHAR, 0PP. KAIESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 4. SHAIK KHAJA MUTAWALLI, ELECTED MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, 0PP. KAIESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 5. HAJI MUKARRAM HUSSAIN, MEMBER, A.P. STATE WAQF BOARD 4TH FLOOR, IMDAD GHAR, 0PP. KAIESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 2 6. MOHAMMAD ISMAIL BAIG, MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, 0PP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 7. MOHAMMAD NASEER MLA, MEMBER, A.P. STATE WAQF BOARD 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 8. SAYYAD DAWOOD BASHA BAQAVI, MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAMRADA. PIN 520001. 9. SHAIK AKRAM, MEMBER, A.P. STATE WAQF BOARD 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 10. SMT A TAMEEM ANSARIYA IAS, MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 11. DR AFIYA, MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 12. ZAKEER AHMED, MEMBER, A.P. STATE WAQF BOARD, 4TH FLOOR, IMDAD GHAR, OPP. KALESWARA RAO MARKET, VIJAYAWADA. PIN 520001. 13. SHAIKH ABDUL AZIZ, NOMINATED MEMBER, CHAIRPERSON, AP STATE WAQF BOARD, IMDAD GHAR WAQF COMPLEX, VIJAYAWADA KRISHNA DISTRICT. PIN 520001. ...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 tomay pleased to issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus or any other Writ in the nature of Mandamus, declaring the action of Respondent No.1 in issuing Notification vide G.O.Ms.h) .77 dated 06.12.2024 appointing the 13th respondent as Member and G.O.Ms.No.80, Minorities Welfare (IDM-I) Department, dated 17.12.2024 appointing the 13th respondent as 3 Chairperson of the 2nd Respondent Board, illegal, arbitrary, unconstitutional and in violation of Section 16-C of the Waqf Act, 1995, and further declaring the inaction of Respondent Nos.1, 3 to 12 in not considering the petitioners representation dated 03.11.2025 in accordance with law as illegal and arbitrary, despite being aware of the pendency of serious criminal and financial proceedings against the 13th respondent, including FIR No.21 of 2018 registered by the CBI, subsequently cognizance was taken by the Learned Addi.Chief Metropolitan Magistrate, Egmore, Chennai under CC.No.2005 of 2025 pending trial, F.No.ECIR/CEZO- I/08/2020 AD-AG) dt 17.02.2025, and F.No.EClR/CEZO/Z-1/01/2019(AD- DSD) dt 27.02.2023 investigation under the Provisions of Prevention of Money Laundering Act, 2002 by the Enforcement Directorate (ED), Chennai Zonal Office, EOCC Nos.93, 94, 95 and 98 of 2023 pending before the Additional Chief Metropolitan Magistrate, Economic Offences-ll, Egmore, Chennai, T.A. No.76 of 2022 before the Debts Recovery Tribunal-l, Chennai fastening liability of 306.72 Crores, and C.P./668(iB)/CB/2017 before the NCLT, Chennai adjudicating liabilities of f174.02 Crores, and Consequently set aside the Notifications G.O.Ms.No.77 dated 06.12.2024 appointing the 13th respondent as Member and G.O.Ms.No.80, Minorities Welfare (IDM-I) Department, dated 17.12.2024 appointing the 13th respondent as Chairperson of the 2nd Respondent Board, and to pass such 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 may be pleased to suspend effect and the operation of G.O.Ms.No.80, dated 17.12.2024, issued by Respondent No.l, thereby preventing the 13th Respondent from functioning as Chairperson, and from taking or executing any policy, administrative, financial or operational decisions in the 2nd Respondent-Waqf Board, directly or indirectly, pending disposal of the writ petition. 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 may be pleased to direct the Respondent Nos; 1, 3,to 12 herein to consider the common representation dt: 03.11.2025 submitted 4 by the petitioner, and pass appropriate orders in accordance with law, pending disposal of the writ petition. Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. VARREY VENKATA NAGA VISHNU TEJA 3. SHAIK KHAJA BASHA The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36829 of 2025 ORDER: 1. Learned counsel for the Petitioner has filed a memo dated 06.04.2026 seeking permission of the Court to withdraw the Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 4. No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 27.04.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 71 WRIT PETITION No.36829 of 2025 Dated: 27.04.2026 chs