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2025 DAILYLAW 22263 (AP)

SHAIK MOHAMMED v. THE STATE OF AP

WP/15887/2025 · 2025-07-09

Subba Reddy Satti

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010314152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15887/2025 Between: 1. SHAIK MOHAMMED, S/O LATE SHAIK LAI AHMED SAHEB, AGED ABOUT 52 YEARS, R/O D.NO. 1-3-288, PEDDA PEERIA CHAVADI STREET, TIRUPATI, TIRUPATI DISTRICT 2. SHAIK IBRAHIM, S/O LATE SHAIK LAI AHMED SAHEB, AGED ABOUT 49 YEARS, R/O D.NO. 1-3-288, PEDDA PEERIA CHAVADI STREET, TIRUPATI, TIRUPATI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MINORITY AND SOCIAL WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI. 2. THE A P STATE WAQUF BOARD, REP BY ITS CHEF EXECUTIVE OFFICER, AND 5TH FLOOR, IMDADGHAR, WAQF COMPLEX, K. R. MARKET, VIJAYAWADA, KRISHNA DISTRICT. 3. THE CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDADGHAR, WAQF COMPLEX, K. R. MARKET, VIJAYAWADA, KRISHNA DISTRICT. 4. THE INSPECTOR AUDITOR, DISTRICT WAQF OFFICE, COLLECTORATE, TIRUPATI DISTRICT. 5. SHAIK ZIGIRIYA BASHA, S/O SHAIK MASTHAN SAHEB, AGED ABOUT 44 YEARS. RESIDING AT D.NO. 3-3-65. POGATHOTA 2 STREET, MASHA ALLA MANSION, TIRUPATI, TIRUPATI DISTRICT. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring a) the action of the Respondents No. 2 and 3 without considering the Petitioners objection dt. 20.06.2025 to the Report of the 4TH Respondent dt. 10.04.2025 proceeding to consider the 4TH Respondent Report which is contrary to the Lr.No. IAW/CTR/26/2011-TPT, dt. 31.10.2023 submitted by the 4TH Respondent and against the Order dt. 07.03.2025 of this Honble Court in W.P.No.5550 of 2025 b) set aside the Report dt. 10.04.2025 of the 4TH Respondent is without issuing any notice, without following due process as of law and biased as arbitrary, illegal and also against Principles of Natural 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 stay all further proceedings in pursuance of 4 Respondent Report dt. 10.04.2025 pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. RAVULA NAGARJUNA 2. GP FOR SOCIAL WELFARE The Court made the following: ::ORDER:: Heard Sri O.Udaya Kumar, learned counsel for the petitioners, Sri Khaja Basha, learned Standing counsel for respondents 2 to 4, and Sri Ravula Nagarjuna, learned counsel for the 5th respondent. 2. The above writ petition has been filed to declare the action of respondents 2 and 3 in not considering the objections of the petitioners dated 3 20.06.2025, to the report of the 4th respondent dated 10.04.2025 and consequently to set aside the report dated 10.04.2025 of the 4th respondent. 3. Petitioner's father was appointed as Muthawalli of Masjid-e-Qadeem, Tirupati. Petitioner's father died on 14.12.2024. The petitioners made a representation dated 24.12.2024 to appoint them as hereditary Muthawalis. The 4th respondent submitted a report dated 31.10.2023 (Ex.P3). Thereafter, the 4th respondent submitted another report dated 10.04.2025 (Ex.P2). Petitioners submitted objections dated 20.06.2025 (Ex.P1), and filed the above writ petition. 4. Learned Standing counsel would submit that the Board in its meeting held on 28.06.2025 passed a resolution appointing the petitioners as Muthawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (as amended Act, 2025) for two (02) years. He would also submit that the proceedings will be communicated to the petitioners as early as possible. 5. Given the facts and circumstances of the case, no further orders are required. Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 10.07.2025 SNI 4 138 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.15887 of 2025 Dated 10.07.2025 SNI