APHC010380192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19289/2024 Between: 1. SHAIK ALI BASHA, S/O. S. RAFIUDDIN. AGED ABOUT 38 YEARS, OCC BUSINESS, R/O.2/28, AYYALURU VILLAGE, NANDYAL MANDAL AND DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, IMDAD GHAR, 0PP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAKF BOARD, 4TH AND 5TH FLOOR, IMDAD GHAR, 0PP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. THE INSPECTOR AUDITOR WAKF, NANDYAL DISTRICT. 5. THE CARE TAKER COMMITTEE, JAMIA MASJID, AYYALURU VILLAGE, NANDYAL MANDAL AND DISTRICT, REP. BY ITS PRESIDENT SRI C.S. JEELAN, S/O. MAHABUB SA, AGED ABOUT 52 YEARS, R/O.AYYALURU VILLAGE NANDYAL MANDAL AND DISTRICT, 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S): 1. SHAIK KHAJA BASHA The Court made the following: ORAL ORDER: Heard Sri S.M. Subhani, learned Counsel representing Sri Hidayathulla, learned Counsel for the Writ Petitioner and Sri Sohail Shareef, learned Counsel representing Sri Shaik Khaja Basha, learned Standing Counsel for Waqf Board. 2. The prayer sought in the present Writ Petition is as under: It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the Impugned Order vide F.No.23/NDL/C/AYL/2024 dated 30.07.2024 passed by the 3rd Respondent for constituting the 5th Respondent/Committee for a period of one year to look after the day-to-day affairs or till full-fledged Managing Committee is constituted by the Board to render the services of the Jamia Masjid situated at Ayyaluru Village, Nandyal Mandal and District and its attached properties as being illegal, arbitrary, unconstitutional, without jurisdiction and authority, in violation of provisions of the Wakf Act, 1995 and rules made there under and consequentially direct the 3rd Respondent to constitute the Managing Committee to the Jamia Masjid situated at Ayyaluru Village, Nandyal Mandal and District in accordance with the Waqfs Managing Committee (Constitutions, Functions and Duties) Regulations, 2009 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. 3 3. Vide Interim Order dated 04.09.2024, the Impugned Proceedings dated 30.07.2024 (Ex.P.1) passed by the Chief Executive Officer appointing a Care Taker Committee/Adhoc Committee have been suspended, and the said suspension has continued till date. 4. Learned Counsel for the Petitioner would submit that the Impugned Order illegally appointing the Care Taker Committee/Adhoc Committee by the Chief Executive Officer is contrary to law. He has drawn the attention of this Court to various legal provisions, submitting that the Chief Executive Officer does not have the competence to appoint the Committees. He further submits that Section 18 of the Waqf Act empowers the constitution of Committees. He also submits that as per Regulation 5 of the Andhra Pradesh Waqf Managing Committee (Constitution, Functions and Duties) Regulations, 2009, the procedure for constitution of Committees for Waqf/Waqf Institutions is prescribed under Regulation 5(2)(i). He has also drawn the attention of this Court to Regulations Nos.10 and 11 dealing with the Notification for Election as well as the term of the Committees, etc. 5. Sri Shaik Khaja Basha, learned Standing Counsel for the Waqf Board, would submit that at the time the Impugned Order was passed, the Board was not in existence, which necessitated the Chief Executive Officer to appoint a Care Taker Committee/Adhoc Committee with regard to the management of Jamia Masjid and its attached properties in Ayyalur Village of Nandyal Mandal & District. He would submit that by operation of the Impugned Order dated 04.09.2024, the working of the Adhoc Committee had been stalled. He would also submit that the Waqf Board was constituted on 10.01.2025, due to which there is no impediment on the Waqf Board to initiate the Election process as contemplated under Regulations Nos.5, 10, and 11. 6. Having regard to the submissions of the learned Counsel for the Respondents, this Court deems it appropriate to allow this Writ Petition with a direction to Respondent No.2 to appoint a Committee for the above-stated process, i.e., to manage Jamia Masjid and its attached properties at Ayyalur 4 Village, Nandyal Mandal & District in accordance with law under Section 18 of the Waqf Act read with Regulations Nos. 5, 10, and 11 of the Andhra Pradesh State Waqf Board (Constitution, Functions and Duties) Regulations, 2009. 7. Accordingly, the Writ Petition is allowed in terms of the above directions. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 01.09.2025 DSV 5 230 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19289/2024 01.09.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 19289/2024 PROCEEDING SHEET Sl. No DATE ORDER Office Note 08. 01.09.2025 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV 7