APHC010337382025 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: 17219/2025 Between: 1. MOHAMMED KHAJA MAINUDDIN SHARIF, S/O ABDUL KHADAR JEELANI, AGED 57 YEARS, R/O D.NO.4-110, B.VERANAVARAPPADU. NEAR GRAM PANCHAYAT, AMALAPURAM RURAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, IMDADGHAR, WAKF COMPLEX, KALESWARA MARKET, VIJAYAWADA - 520001. 3. THE INSPECTOR AUDITOR OF WAKF, EAST GODAVARI DISTRICT, KAKINADA-533001. 4. THE DISTRICT REVENUE OFFICER AND WAKF OFFICER, EAST GODAVARI DISTRICT, KAKINADA-533001. 5. THE DISTRICT MINORITIES WELFARE OFFICER AND ADDITIONAL DISTRICT WAKF OFFICER, EAST GODAVARI DISTRICT, KAKINADA- 533001. 2 ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not constituting a Managing Committee to the Jamia Masjid situated at Amalapuram Town of Dr.B.R. Ambedkar Konaseema District i.e., erstwhile East Godavari District strictly in accordance with Regulations, 2009 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to constitute a Managing Committee to the Jamia Masjid strictly in accordance with Regulations, 2009 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 strictly act in accordance with Regulations 5 and 10 of the Regulations, 2009 for constituting a Managing Committee of Jamia Masjid situated at Amalapuram Town of Dr.B.R. Ambedkar Konaseema District i.e. erstwhile East Godavari District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following ORDER: Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioner, Sri Khaja Basha, learned standing counsel for respondents 2 and 3 and Smt.Swapna Priya, learned Assistant Government Pleader for Social Welfare for respondents 1, 4 & 5. 2. The above writ petition has been filed to declare the action of the 2nd respondent in not constituting a Managing Committee in the Jamia Masjid situated at Amalapuram Town of Dr.B.R.Ambedkar Konaseema District, as illegal and arbitrary. 3 3. Learned counsel for the petitioner would submit that the Chief Executive Officer of the 2nd respondent issued proceedings vide F.No.18/EG/C/2013, dated 06.05.2022, constituting a Managing Committee to Jamia Masjid, Amalapuram Town & Mandal, for three years. Learned counsel would further submit that the period of the Committee had expired by efflux of time; however, the 2nd respondent has not constituted the Managing Committee. 4. Learned standing counsel, on instructions, submits that if the petitioner makes an application under Rule 5 of the Andhra Pradesh Waqf Managing Committee (Constitution, Functions and Duties) Regulations, 2009, the same will be considered by the 2nd respondent. Learned counsel further submits that if a larger number of applications are received, the 2nd respondent will follow the procedure prescribed under the said Regulations. 5. In reply, learned counsel for the petitioner submits that the petitioner will make an application to the 2nd respondent. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, giving liberty to the petitioner to file a proper application to the 2nd respondent. Upon receiving such an application, the 2nd respondent shall consider the same and pass appropriate orders strictly as per the Regulations, 2009. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.07.2025 KA 4 221 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17219/2025 Date: 10.07.2025 KA 5 //TRUE COPY// SUBBA REDDY SATTI,J To, 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, IMDADGHAR, WAKF COMPLEX, KALESWARA MARKET, VIJAYAWADA - 520001. 3. THE INSPECTOR AUDITOR OF WAKF, EAST GODAVARI DISTRICT, KAKINADA-533001. 4. THE DISTRICT REVENUE OFFICER AND WAKF OFFICER, EAST GODAVARI DISTRICT, KAKINADA-533001. 5. THE DISTRICT MINORITIES WELFARE OFFICER AND ADDITIONAL DISTRICT WAKF OFFICER, EAST GODAVARI DISTRICT, KAKINADA- 533001. 6. Two CD Copies 6 HIGH COURT SRSJ DATED:10/07/2025 ORDER WP 17219/2025