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2025 DAILYLAW 19224 (AP)

NASEER AHMED v. ANDHRA PRADESH STATE WAKF BOARD & ANOTHER

WP/8650/2011 · 2025-02-19

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010268522011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8650/2011 Between: Naseer Ahmed and Others ...PETITIONER(S) AND Andhra Pradesh State Wakf Board Another and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K UDAYA SRI Counsel for the Respondent(S): 1. SHAFATH AHMED KHAN SC-WAKF BOARD The Court made the following: The Court made the following: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following reliefs: “(i) to declare the action of the respondent in rejecting the claim of the petitioner for appointment as Mutawalli of Sultania Mosque situated at Kothapet Kurnool Town Kurnool District vide proceedings F.No. B3/08/KNL/97/ZV dated 822011 as illegal and arbitrary; (ii) declare the action of the respondent in rejecting the claim of the petitioner vide proceedings dated 08.02.2010 as illegal and arbitrary; (iii) consequently direct the respondent to appoint the petitioner as Mutawalli of Sultania Mosque situated at Kothapet, Kurnool Town, Kurnool District” 2. Originally, this writ petition is filed by Naseer Ahmed who was appointed as Muthawalli of Sultania Mosque situated at Kothapetam Kurnool. After his death, his sons were impleaded as Petitioner Nos.2 & 3 vide order dated 22.08.2012. 3. During the lifetime of Naseer Ahmed, on receipt of certain allegations, an enquiry was ordered against him. After conducting detailed enquiry, the Enquiry Officer submitted adverse report against late Naseer Ahmed. Thereafter, Sri Maqbool Ahmed s/o Abdul Shukoor was appointed as Muthawalli of the subject institution under Section 63 of the Wakf Act, 1995, for a period of one year from the date of issue of order i.e 28.01.2005. Challenging the said appointment, the present writ petition is filed on the ground that an outsider/third party is not entitled to continue as Muthawalli. 4. Sri Maqbool Ahmed s/o Abdul Shukoor was appointed as Muthawalli of the subject institution for a period of one year only i.e. from 28.01.2005. Since the term of Sri Maqbook Ahmed's appointment has already ended during the pendency of the writ petition, no further orders need to be issued in this matter. 5. Writ petition is dismissed as infructuous. No costs. 6. Consequently, miscellaneous applications pending if any, shall stand dismissed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:19.02.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8650/2011 Date:19.02.2025 W SP