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2025 DAILYLAW 27177 (AP)

M.C. Sarmas s/o Haji M. Rahman Sahab v. The A.P. State Wakf Board

WP/31102/2014 · 2025-01-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010384472014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31102/2014 Between: M.c. Sarmas S/o Haji M. Rahman Sahab ...PETITIONER AND The A P State Wakf Board and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M MEHDI HUSSAIN Counsel for the Respondent(S): 1. NAZIR AHMED KHAN 2. D V N ACHARYA 3. SHAIK KHAJA BASHA The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.31102 OF 2014 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate writ, order or direction more particularly one in the nature of MANDAMUS directing the 1st and 2nd respondents to follow the due process of Law, conduct enquiry, consider the objection petition dated 1.10.2014 filed by the petitioner along with others local Muslims against respondents 3 and 4 regarding appointment of Mutawallies in respect of Jamia Mosque Kanekal situated at Anantapur District published in the Gazette dated 28.6.1962 at sl.No.1360 and pass such other order or orders...” 2. The case of the petitioner in brief is that the petitioner herein submitted complaint/ objections dated 01.10.2014 against respondent Nos. 3 and 4, who committed misappropriation regarding appointment of Mutawallies in respect of Jamia Mosque, Kanekal Village and Mandal, Anantapur District. 3. No representation on behalf of the petitioner. Heard learned counsel for respondents. 4. Learned counsel for the respondents submits that pending writ petition, no enquiry was conducted so far. He further submits that let there be a direction to the 1st respondent, who is the competent authority to conduct enquiry as enquiry officer against respondent Nos. 4 and 5 pursuant to the complaint/ objections dated 01.10.2014 filed by the petitioner. 5. Having considered the submissions made by the learned counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of directing respondent Nos. 1 and 2 to conduct enquiry pursuant to the objections/ complaint dated 01.10.2014 filed by the petitioner against respondent Nos. 3 and 4, by following due process of law, as contemplated under AP Wakf Act, 1995 and Rules made thereunder, within a period of four (04) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 22.01.2025 BSP 260 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.31102 of 2014 22.01.2025 BSP