APHC010349692013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35403/2013 Between: Shaik Shafi, S/o. Shaik Mohammed Haneef ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. SHAIK KARIMULLAH (SC FOR WAKF BOARD RAYALASEEMA) 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE 4. D V N ACHARYA The Court made the following: ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus declaring the proceedings in F.No.B3/87/PKM/01/ZVII dated 19.10.2013 issued by the 3rd respondent, thereby placing the petitioner’s appointment dated 01.12.2013 as Muthavalli in abeyance as illegal, irregular, without jurisdiction and violative of the provisions of the Wakf Act, 1995 and consequently direct the respondents to continue the petitioner as Muthavalli for Mucca Mosque at Kandukuru Town, Prakasam District. 2. Learned counsel for the petitioner submits that petitioner was appointed as Mutavalli in respect of Mucca Mosque situated in Kandukur Town vide proceedings dated 01.10.2013, pursuant to which the petitioner is acting as Mutavalli. But, to the surprise of the petitioner, Respondent Nos.1 & 2 issued proceedings dated 19.10.2013 keeping the appointment of the petitioner in abeyance. Questioning the proceedings dated 19.10.2013, the present writ petition is filed. 3. At the stage of admission, this Hon’ble Court was pleased to pass interim order: “A perusal of the record, prima facie, shows that the proceedings dated 01.10.2013 of Respondent No.2 whereunder the petitioner was appointed as Muthawall of Macca Mosque of Kandukur Town, Prakasam District were kept under abeyance on the telephonic instructions dated 19.10.2013 of the Minister for Wakfs. The said order of abeyance has been passed by the Chief Executive Officer – Respondent No.3 who in the prima facie opinion of this Court cannot meddle with the order of the Wakf Board under which the petitioner was appointed as Muthawalli. Therefore, the impugned proceedings in F.No.B3/87/PKM/01/ZVII dated 19.10.2013 are suspended pending further orders.” 4. In view of the interim orders dated 15.12.2013 in W.P.MP.No.43997 of 2013 in W.P.No.35403 of 2013, the petitioner has been continuing as Muthavalli of Macca Mosque of Kandukur Town, Prakasam District. Accordingly, learned counsel for the petitioner requested that the interim orders of this Court shall be made absolute. 5. On the other hand, learned Standing Counsel for Respondent Nos.2 & 3 submits that, the petitioner has been continuing as Mutavalli and the respondents shall follow due procedure, if they intend to appoint any new person in the place of the petitioner. 6. In view of the submission made by learned counsel for the petitioner and learned Standing Counsel for Waqf Board, the respondents are directed to continue the petitioner as Muthavalli in respect of Macca Mosque of Kandukur Town, Prakasam District, in view of the proceedings dated 01.10.2013. However, the respondents intend to appoint any other person as Muthavalli in the place of the petitioner in respect of Macca Mosque, Kandukur Town, they are at liberty to proceed further in accordance with law. 7. With the above direction, writ petition is disposed of. No costs. 8. Consequently, miscellaneous applications pending if any, shall stand closed. __________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 04.02.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35403/2013 04.02.2025 W SP