APHC010311902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15813/2025 Between: 1. SHAIK JEELANI @ SAIDA, S/O. MAHABOOB, AGED ABOUT 39 YEARS, OCC NOTIFIED HEREDITARY MUTAWALLI, LANKA PEER RUN PANJA, D. NO.8-6-1, PANJA CENTRE, VIJAYAWADA, AP. ...PETITIONER AND 1. A P STATE WAQF BOARD, REP.BY ITS SPECIAL OFFICER/CHIEF EXECUTIVE OFFICER, VIJAYAWADA. 2. CHIEF EXECUTIVE OFFICER, A.P. STATE WAQF BOARD VIJAYAWADA 3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPT.,SECRETARIAT, VELAGAPADU, GUNTUR DISTRICT, AP. ...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 appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not passing orders on the representations dt. 16/05/2024, of the Petitioner to continue him to manage the affairs as Mutawalli the Waqf situated at the Lanka Peer Run Hussaini Panja, at D. No.8-6-1, Panja Centre, Vijayawada, AP, vide notified Waqf property in AP Gazette Notification No.26, dt.28-6-1962 at S.No.708,in terms of the proceedings F.No.786/ KST / T / 2014 / Z-V dated 08/11/2022 as well Gazette notification 24/112022 recognized the Petitioner as Mutawalli belongs to orinal Mutawalli based on the enquiry report dated 19/12/2018as illegal, arbitrary, contrary to law, malicious, official bias, politically motivated, discriminative in nature and violative of Art.14,21 300A of the Constitution of India, in the interest of justice 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 respondents to take immediate action on the Representation submitted by the petitioner dt.16/05/2024to recognize the Petitioner as Mutawalli by continuing him to manage the affairs of the Waqf Property of Lanka Peer Run-Hussain Panja, D.No.8-6-1, Panja Centre, Vijayawada, in the interest of justice, pending disposal of the above 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 may be pleased to permit the Petitioners 1 to 3 to implead as Respondents 5 to 7 in W.P.No.1490 of 2025 and to pass Counsel for the Petitioner: 1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. SHAIK KHAJA BASHA The Court made the following: ORDER Heard Sri M.V.Raja Ram, learned counsel for the petitioner and Sri Shaik Khaja Basha, learned Standing Counsel for the respondents 1 and 2. 2. The above writ petition is filed to declare the inaction of the respondents 1 and 2 in not passing appropriate orders, in pursuance of the petitioner’s representation dated 16.05.2024, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner made a representation dated 16.05.2024 to the 2nd respondent to appoint the petitioner as permanent Muthawalli under Section 42 of the Waqf Act, 1995; however, the 1st respondent did not consider the said representation. 4. Sri Shaik Khaja Basha, learned Standing Counsel for the respondents 1 and 2 on instructions, would submit that a Memo vide F.No.786/KST/T/2014/Z-IV, dated 25.06.2024, was issued to the petitioner calling upon him to submit certain documents; however, the petitioner did not submit any documents. He would also submit that if the petitioner submits the requisite documents, his request will be considered in terms of the Waqf Act. 5. A copy of the aforesaid Memo dated 25.06.2024 was handed over to the learned counsel for the petitioner today across the bar. 6. Sri M.V.Raja Raam, learned counsel for the petitioner, would submit that the Memo dated 25.06.2024 was not served on the petitioner. 7. Since the Memo dated 25.06.2024 was served on the learned counsel for the petitioner today across the bar, without touching the merits of the case, the Writ Petition is disposed of, directing the petitioner to submit the requisite documents as per the Memo dated 25.06.2024. Upon receipt of such documents, the respondents 1 and 2 shall consider the case of the petitioner, strictly following the procedure mandated under the Waqf Act, 1995. The respondents 1 and 2 shall also issue notice to the rival parties, if any, including Shaik Suleman, S/o late Shaik Sarwar and Shaik Aktar Basha, at the time of enquiry. 8. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD