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2025 DAILYLAW 26938 (AP)

SHAIK NIZAMUDDIN v. THE STATE OF AP

WP/19287/2025 · 2025-08-28

K Sreenivasa Reddy

body2025

Judgment text

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APHC010381502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19287 OF 2025 Between: 1. SHAIK NIZAMUDDIN, S/o. ShaikVali, Aged about 46 years, R/o. D.No. 122-4-711/1. Betti convent Road, Anand nagar, Rajamahendravaram Urban, East Godavari District. ...Petitioner AND 1. THE STATE OF AP, Represented by its Principal secretary. Minority welfare Department, A.P Secretariat, Velagapudi, Guntur District. 2. AP state HAJ committee, Represented by its secretary, A.P State Haj Committee, D.No-39-3-2, 3rd floor R.K. Plaza Mosque Street, Labbipet, Vijayawada-520010. ...Respondents 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in considering representation dt.21.06.2025 and re-examining the appointments made under section 18 (1) (iii) of the Haj Act, 2002 and rules thereunder as illegal, arbitrary and in violation of provisions of the Haj Act, 2002 and rules thereunder and consequently direct the SRK, J W.P.No.19287 of 2025 2 respondents to consider and dispose of the representation dt.21.06.2025. Counsel for the Petitioner: KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE SRK, J W.P.No.19287 of 2025 3 The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare. 2. The present Writ Petition has been filed seeking to direct the respondents to consider the representation dated 21.06.2025 made by the petitioner herein questioning the appointments made to the AP State Haj Committee in contravention of Section 18(1)(iii) of the Haj Committee Act, 2002 (for short ‘the Act’). 3. Petitioner is a Trustee of Mecca Mosque, situated in Rajahmundry and is also acting as General Secretary to Mamiat Ulema-e-Hind, East Godavari district, which is a leading organization of Indian Muslim Scholars. His case is that the respondents appointed one Pathan Khadar Khan and Shaik Hassan Basha as members of the AP State Haj Committee in contravention of Section 18(1)(iii) of the Act. According to him, the said persons are not experts in Muslim theology and do not possess requisite qualifications for appointment as members. By virtue of the same, the pilgrims and persons interested in Haj travel are deeply affected and the very purpose and object of the Act is defeated. His further case is that aggrieved by the said appointments, he made a representation dated 21.06.2025 requesting 1st respondent to re-examine the appointments made in contravention of the provisions of the Act and the Rules made thereunder. But, so far, the same has not been considered by the respondents. Hence, he filed the present Writ Petition. SRK, J W.P.No.19287 of 2025 4 4. Since the representation of the petitioner is pending consideration before the respondents, without going into the merits of the case, the Writ Petition is disposed of, at the admission stage, with a direction to the respondents to consider the representation dated 21.06.2025 made by the petitioner herein and pass appropriate orders thereon, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:29.08.2025 Nsr SRK, J W.P.No.19287 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.19287 of 2025 Date:29.08.2025 Nsr