A APHC010274762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI ^ WRIT PETITION NO: 13596 OF 2025 Between: Shaik Anwar, S/o. Sulaiman, aged 38 years, R/o. Kota Street, Ongole Town and District, Andhra Pradesh. ..Petitioner AND 1. The State of Andhra Pradesh, Represented by its Secretary [Minority Welfare Department], Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. The Chairman, State Waqf Board Office, Imdad Building, 5^'^ Floor, Kaleswara Rao Market, Vijayawada. Krishna District, Andhra Pradesh. ' The District Collector, Prakasam District at Ongole, Prakasam District Andhra Pradesh. The Sub Divisional Police Officer, Ongole, Prakasam District, Andhra Pradesh. The Cheif Executive Officer, State Waqf Board Office, Imdad Building, 5 Floor, Kaleswara Rao Market, Vijayawada, Krishna District Andhra Pradesh. 3 4. 5. B. The Inspector Auditor Waqf of Ongole, Prakasam District Pradesh. The Executive Officer, AP State Waqf Board-cum-Election Officer of Choti Masjid, Ongole, Prakasam District, Andhra Pradesh. Shaik Mohammad Ali, S/o. not known to the petitioner Occ Cheif Executive Officer, AP State Waqf Board Office, Imdad Building Floor Kaleswara Rao Market, Vijayawada, NTR District, Andhra Pradesh. Shaik Juber, S/o. not known to the petitioner, Occ: Inspector Auditor Waqf, Prakasam District, Andhra Pradesh. Abdul Khuddus, S/o. not known to the petitioner, Occ: Executive Officer, AP State Waqf Board-cum-Election Officer of Choti Masjid, Ongole, APi State Waqf Board Office, Imdad Building, 5th Floor, Kaleswara Racx Market, Vijayawada, NTR District, Andhra Pradesh. ' ' ' Andhra 7. 8. 9. 10. - V - 11. Markas Masjid (Choti Masjid), Pathivari Street, Bandlamitta, Ongole, Prakasam District, Andhra Pradesh. Represented by its Incharge. Shaik Abdul Khareem, S/o. Dariya Saheb, aged 74 years, R/o. Door No. 19-6-3, Kota Veedhi, Opposite Bapuji Complex, Ongole Town Prakasam District, Andhra Pradesh. 12. 7 n 13. Abdul Salam Chicken and Chicken Pakodi Centre, Door No. 37-1-207 (5) old Vegetable Market, Opp: Bapuji Market Complex, 3 MC Division Village, Ongole Urban Mandal, Prakasam District Andhra Represented by its Propriter Shaik Mastan Vali. Pradesh. I 14. Madina Mutton & Amp Chicken Stall, Door No. 37-1-208 5 AB Buildina First Old Market Center, Opp: BIF, 23 Division Village, Ongole Urban Mandal, Prakasam District, Andhra Pradesh, Represented bv its Proprietor, Shaik Rawoof. ^ 15. Vahidamma Ladies Tailor, Door No. 1-1, Padmavathi Function Hall Near Ganu Palam, 23 MC Division Village, Ongole Urban Mandal’ Prakasam District, Andhra Pradesh. Represented by its Proprietor Syed Mophammad. ' y ^ Good Will Traders, Door No. 19-4-17, Kota Street Village, Ongole Urban Mandal, Prakasam District Represented by its Proprietor, Shaik Idris. Hamid Steel Traders, Opp; Bavuta Beedi, Bandlamitta, Ongole Urban Mandal, Prakasam District, Andhra Pradesh Proprietor Syed Hamid. Hakeem Jewellers Door No. 10-18-164, Near Prakasam Pantulu D Strw A°nrihra p 7 P^kasam Haljeem^^^ Pradesh, Represented by its Proprietor Shaik Abdul 20-1-16-11/1, TB Road, Bandlamitta, d:.or"sfal17ani°"'™'' 16. , 23 MC Division Andhra Pradesh. 17. Represented by its / 18. 19. 20. °PP^ Bapuji Market Complex Revenue Ward-11, Ongole, Prakasam ' Represented by its Propreitor, Shaik Ariff. District, Andhra Pradesh. ...Respondents •• - I' Petition under Article 226 of the Constitution of India in the circumstances stated Court may be pleased particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 7 herein in issuing the notice dated 08.05.2025 in proceedings in F.No. 02/DM&RENT/PKM/2021 in preparing Mussalies List of 10 areas instead of 6 i.e., (1). Pattivari Street, (2). Banallamitta, (3). Ganugapalem, (4). Kota Street, (5) Old Market and (6). Aravapalem only areas to conduct elections for the 11th respondent Masjid as illegal, arbitrary and oppose to regulations of the Andhra Pradesh Waqfs Managing Committee (Constitutions, Functions and Duties) Regulations, 2009, as well as misuse of /power and also oppose to all cannons of justice besides violation of Article 14 of the Constitution of India as well as oppose to the orders passed in WP No. 34320 of 2022 dated '^.07.2023 consequentially direct the respondent authorities more particularly the 7th respondent to enrole the Musallies who attend the prayers on every Friday with the 11th respondent mosque i.e., the Choti Masjid from the areas i.e., (1). Pattivari Street, (2). Bandlamitta, (3). Ganugapalem, (4). Pattivari Street, (2). Bandlamitta, (3). Ganugapalem, (4). Kota Street, (5) Old Market and (6). Aravapalem only more particularly as per the Regulation No. 7 of the Waqf Management Committee Constitution Functions, Regulations and Duties, 2009 without there being any deviation m the light of the orders passed in WP No. 34320 of 2022 dated 336.07.2023 by directing the respondents 3 and 4 herein to act upon the ^ representations of the petitioners dated 28.04.2025 and 02.05.2025 forthwith and to pass such other order or orders as this Flon’ble Court may deems fit just and proper in the circumstances of the case..^ praying that in the affidavit filed therewith, the High to issue a Writ or Order or Direction more 7 1 I I lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities I respondent to enrole the Musallies who attend the prayers on every Friday with the 11th respondent mosque i.e., the Choti Masjid from the areas i.e., (1). Pattivari Street, (2). Bandlamitta, (3). Ganugapalem, (4). Kota Street, (5) Old Market and (6). Aravapalem only more particularly as per the Regulation No. 7 of the Waqf Management Committee Constitution Functions, Regulations and Duties, 2009 without there being any deviation in the light of the orders passed in WP No. 34320 of 2022 dated 06.07.2023 by directing the respondents 3 and 4 herein to act upon the representations of the petitioners dated 28.04.2025 and 02.05.2025 forthwith pending disposal the above writ petition. more particularly the 7th of Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondent No.1: GPF OR SOCIAL WELFARE ^ Counsel for the Respondents No.2,5 to 7: SRI SHAIK KHAJA BASHAr Counsel for the Respondent No.3:GP FOR REVENUE Counsel for the Respondent No.4:GP FOR HOME Counsel for the Respondents No.8,9,10,11:SRI SURYAM^^ GANNAVARAPU^ Counsel for the Respondents No.12,13,15 to 20: SRI S.M. SUBHANK The Court made the following: ORDER . IS? \ APHC010274762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13596/2025 Between: ...PETITIONER Shaik Anwar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR SOCIAL WELFARE 4.SURYAM GANNAVARAPU 5. SHAIK KHAJA BAS HA The Court made the following: ORDER Heard Sri V.Sai Kumar, learned counsel for the petitioner, Sri Shaik Khaja Basha, learned standing counsel for respondents 2, 5 to 7, :vv'. Page 2 of 3 :) Sri S.M.Subhani, learned counsel for respondents 12, 13 Sn P.Ajay Babu, learned Assistant Government 4*^^ respondent. 15 to 20, and Pleader for Home for the 2. The above writ petition is filed to declare respondent in issuing notice F.No.02/DM & 08.05.2025 in preparing Mussalies list of 10 conduct elections for the 11 the action of 7^^ RENT/PKM/2021, dated areas instead of 6 areas, to . , respondent-Masjid, as illegal, arbitrary and contrary to Andhra Pradesh Waqfs Managing Functions and Duties) Regulations Committee (Constitutions 2009. 3- Earlier, the petitioner filed action of the Chief Executive Mussalies list of W.P.NO34320 of 2022 challenging the Officer, State Waqf Board in preparing Town for conducting elections for Markas Masjid (Choti Masjid), as illegal and arbitrary The petition was disposed of, directing the authorities to conduct accordance with Andhra (Constitutions, Functions specifically Regulation No.7. said writ elections in Pradesh Waqfs Managing and Duties) Regulations Committee 2009, more 4. In the present writ petition the Executive Officer, A.P Choti Masjid, Ongole Pradesh Waqfs Managing Committee Duties) Regulations, 2009 without 5. Sri V.Sai Kumar, learned that without following the Mussalies was being prepared. an interim order was granted directing State Waqf Board-cum-Election Officer of to adhere to the procedure under the Andhra (Constitutions, Functions and any deviation. counsel for the petitioner, would submit procedure under Regulation No.6, the list of H 6. Sri Shaik Khaja Basha, learned standing counsel for respondents 2, 5 to 7, Sri S.M.Subhani, learned counsel for respondents 12, 13, 15 to 20, would submit that even after preparing the list of Mussalies, there is a procedure provided under Regulation No. 10 to raise the objections. If the petitioner is aggrieved by the list of Mussalies prepared, he can raise the objections under Regulation No. 10, and the Inspector Auditor Waqf will consider the objections. 7. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, would submit that the petitioner made a representation dated 02.05.2025 to the 4^^ respondent, who in turn called the rival parties and conducted counselling to them. 8. Given the facts and circumstances of the case, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the respondents 6 and 7 to strictly adhere to Regulation No. 10 of the Andhra Pradesh Waqfs Managing Committee (Constitutions, Functions and Duties) Regulations, 2009 to conduct election to 11^^ respondent-Masjid. The 4"" respondent shall take appropriate action if law and order issues arise. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, State of Andhra Pradesh, Minority Welfare Department, Secretariat Buildings at Velagapudi Guntur District, Andhra Pradesh. 'iM; ■ 2. The Chairman, State Waqf Board Office, Imdad Building, 5th Floor, Kaleswara Rao Market, Vijayawada, Krishna District, Andhra Pradesh. 3. The District Collector, Prakasam District at Ongole, Prakasam District Andhra Pradesh. 4. The Sub Divisional Police Officer, Ongole, Prakasam District, Andhra Pradesh. 5. The Cheif Executive Officer, State Waqf Board Office, Imdad Building. 5th Floor, Kaleswara Rao Market, Vijayawada, Krishna District Andhra Pradesh. 6. The Inspector Auditor Waqf of Ongole, Prakasam District, Andhra Pradesh. 7. The Executive Officer, AP State Waqf Board-cum-Election Officer of Choti Masjid, Ongole, Prakasam District, Andhra Pradesh. 8. Shaik Mohammad Ali, S/o. not known to the petitioner, Occ Cheif Executive Officer, AP State Waqf Board Office, Imdad Building, Floor Kaleswara Rao Market, Vijayawada, NTR District, Andhra Pradesh. 9. Shaik Juber, S/o. not known to the petitioner, Occ Inspector Auditor Prakasam District, Andhra Pradesh. 10. Abdul Khuddus, S/o. not known to the petitioner, Occ Executive Officer AP State Waqf Board-cum-Election Officer of Choti Masjid, Ongole, AP State Waqf Board Office, Imdad Building, 5th Floor, Kaleswara Rao Market Vijayawada. NTR District, Andhra Pradesh. 11. The Incharge, Markas Masjid Choti Masjid, Pathivari Street, Bandlamitta Ongole, Prakasam District. Andhra Pradesh. 12. Shaik Abdul Khareem, S/o. Dariya Saheb, aged 74 years, R/o. Door No. 19-6-3, Kota Veedhi, Opposite Bapuji Complex, Ongole Town. Prakasam District, Andhra Pradesh. 13. The Propriter Shaik Mastan Vali, Abdul Salam Chicken and Chicken Pakodi Centre, Door No. 37-1-207 (5) old Vegetable Market, Opp Bapuji Market Complex, 3 MC Division Village, Ongole Urban Mandal, Prakasam District, Andhra Pradesh. 14. The Proprietor Shaik Rawoof, Madina Mutton and Amp Chicken Stall, Door No. 37-1-208 5 AB Building First Old Market Center, Opp BIF, 23 Division Village. Ongole Urban Mandal, Prakasam District, Andhra Pradesh, 15. The Proprietor, Syed Mohammad, Vahidamma Ladies Tailor, Door No. I-'^ ► Waqf, 1, Padmavathi Function Hall, Near Ganu Palam, 23 MC Division Village, Ongole Urban Mandal, Prakasam District, Andhra Pradesh. 16. The Proprietor, Shaik Idris, Good Will Traders, Door No. 19-4-17, Kota Street. 23 MC Division Village, Ongole Urban Mandal, Prakasam District, Andhra Pradesh. 17. The Proprietor Syed Hamid, Hamid Steel Traders, Opp Bavuta Beedi, Bandlamitta, Ongole Urban Mandal, Prakasam District, Andhra Pradesh. 18. The Proprietor, Shaik Abdul Hakeem, Hakeem Jewellers, Door No. 10-18- 164, Near Prakasam Pantulu Statue, Bondhula Vari Street, Gandhi Road, Ongole Town, Prakasam District, Andhra Pradesh. 19. The Proprietor Shaik Jilani, Madeena Steel Corporation, 20-1-16-11/1. TB Road, Bandlamitta, Ongole, Prakasam District, Andhra Pradesh. 20. The Propreitor, Shaik Ariff, AS Traders, 19-2-9/1, Kota Veedhi, Opp Bapuji Market Complex, Revenue Ward-11, Ongole, Prakasam District, Andhra Pradesh. 21. One CC to SRI. V SAI KUMAR Advocate [OPUC] SRI. GP FOR HOME Advocate [OPUC] SRI. GP FOR REVENUE Advocate [OPUC] SRI. GP FOR SOCIAL WELFARE Advocate [OPUC] SRI. SURYAM GANNAVARAPU Advocate [OPUC] SRI. SHAIK KHAJA BASHA Advocate [OPUC] SRI. S.M. SUBHANI, Advocate [OPUC] 22. One CC to 23. One CC to 24. One CC to 25. One CC to 26. One CC to 26. One CC to 27. Two CD Copies ds' :! HIGH COURT DATED:19/06/2025 ORDER WP 13596/2025 DISPOSING OF THE WP WITHOUT COSTS