Pathan Mahboob Saheb, v. The A.P. State Wakf Board
WP/27316/2016 · 2025-02-04
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28212 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28212 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27316 OF 2016 Between: Pathan Mahboob Saheb, S/o. Meera Saheb, Aged 43 years, Occ; Mutavali Dargah Hzt. Syed Kareemullah Shah Quadri @ Kaleshah Peer Masthanvali Baba Nishani # 8-116/A, Baji nagar, Pedakakani V & M, Guntur District. ...PETITIONER AND
1. The A.P. State Wakf Board, Rep. by its Chief Executive Officer, Nampally, Hyderabad.
2. The Chief Executive Officer, A.P. State Wakf Board, Hyderabad. ...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 a writ or direction preferably writ of mandamus declaring the inaction of the respondents in notifying the Dargah Hzt. Syed Kareemullah Shah Quadri @ Kaleshah Peer Masthanvali Baba Nishani # 8-116/A, Baji nagar, Pedakakani V & M, Guntur District as Wakf property as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to take immediate steps to notify the subject Dargah and pass any other
order or orders as are deemed fit and proper in the circumstances of the case.
I.A. NO: 1 OF 2016(WPMP. NO: 33841 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to take immediate steps to notify Dargah Hzt. Syed Kareemullah Shah Quadri @ Kaleshah Peer Masthanvali Baba Nishani # 8-116/A, Baji nagar, Pedakakani V & M, Guntur District as Wakf property pending disposal of main W.P. and pass any other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the PetitionerSRI M V VENU Counsel for the Respondents No.1,2: SRI S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following: ORDER
APHC010401052016 -4 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: 27316/2016 Between: Pathan Mahboob Saheb, ...PETITIONER AND The A P State Wakf Board and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.M VVENU Counsel for the Respondent(S):
1.S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following:
ORDER: This writ petition is filed under Article 226 of the Constitution of India, to Mandamus declaring the inaction of the respondents in notifying Syed Kareemullah Shah Quadri @ Kaleshah Peer
1. issue Writ of the Dargah Hzat. Masthanvali Baba Nishani as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to take immediate steps to notify the subject dargah.
2.
Learned counsel for the petitioner submits that, petitioner is the Mutvalli Kareemullah Shah Quadri @ Kaleshah Peer of Dargah Hzat. Syed Masthanvali Baba Nishani. The said Dargah is in existence since 40 years. In to the devotees, the petitioner made several
order to provide amenities representations to the 1®' respondent to notify the Dargah as Wakf property. Pursuant to the representations of the petitioner, Respondent Nos. 1 & 2 took and issued Memos dated 02.07.2012 and 25.07.2012 calling for certain steps information. Pursuant to the memos issued by the respondents, the Inspector, District issued proceedings dated 01.09.2012 and Auditor Wakf, Guntur calling for objections for notifying the subject property as Wakf approved and concluded to notify the 28.05.2013 property. Even though the issue subject property as Wakf Property, but so far, the respondents for one reason steps for completing the procedure in notifying the was or other did take any subject property as Wakf Property. Hence the writ petition.
3. Learned Standing Counsel for Respondents submits that the Inspector, Auditor Wakf, Guntur submitted report to the authorities on 28.05.2013 and thereafter, no further steps were taken place. Learned Standing Counsel assures that. Respondent Nos.1 & 2 shall follow the procedure and conclude the same by notifying the subject property as pr the provisions of the Wakf Act, 1995. 3
4. Considering the submissions made by both the counsel, this Court is deems it appropriate to direct Respondent Nos.1 & 2 herein to notify the subject property as Wakf Property, subject to compliance of the provisions of the Wakf Act, 1995, within a period of six (06) months from the date of receipt of copy of this order.
5. With the above, writ petition is disposed of. No costs. Consequently, rn1s.cellaneous applications pending if any, shall stand
6. r closed.
SD/- G HELA NAIDU ASSISTANT REGIS;TRAR SECTfON OFFICER //TRUE COPY// To,
1. The Chief Executive Officer, A.P. State Wakf Board, Vijayawada.
2. One CC to SRI M. V. VENU, Advocate [OPUC]
3. One CC to SRI S. ARIFULLAH (SC FOR AP WAQF BOARD) Advocate [OPUC]
4. Three C.D. Copies nm
HIGH COURT DATED:04/02/2025
ORDER WP.No.27316 of 2016 DISPOSING OF THE WP WITHOUT COSTS