APHC010467292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SMH FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 989 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the order in W.P No. 34975/2014. dt.22-01-2025 on the file of the High Court of /K. P. Between 1. AH Fazul S/o A.Haneefa Sahib, aged 52 years Occ; Business, D.No.8-33, Hanifa Hotel, Nagari, Chittoor District (R-3) 2. K.A.Noor Mohammed S/o Abdul Gafoor, aged 62 years Occ; Noor Cool Drinks. R/o D.No.8-30. Prakasam Road Nagari, Chittoor District (R-4 3. K.A.Abdul Rahman Sahib S/o Kasim Sahib, aged 71 years. Business, Abbu Hotel. R/o D.No.8-26, Prakasam Road Nagari, Chittoor District (R-11) 4. M.A.Anwarulla S/o VM Abdul Hameed, aged 45 years. Business, Aswin medical, R/o D.No.8-21/A, prakasam road,Nagari, Chittoor District (R-15) 5. A.T.Mansoor S/o MA Thameen, aged 30 years, ATM Bakery and Sweets, R/o D.No.8-21 B, Nagari Chittoor District (R-16) 6. E.Nandakumar S/o Eswar velu, aged 45 years. Business. Sai Clinic, D.No.8-21/D,Nagari, Chittoor District (R-18) 7. AM Iqbal S/o MA Mohammed Ali, aged 30 years. Business Iqbal Vegetable whole sale, R/o D.No.8-21/E. Nagari. Chittoor District (R-1 9) 8. K.Purushotham S/o Kannan. aged 40 years, Business, Iqbal skin Godown, R/o D.N0.8-21/G Nagari, Chittoor District ( R-22) 9. AM Iqbal S/o MA Mohammed Ali, aged 30 years, Business Iqbal Vegetable whole sale. R/o D.No.8-21/E, Nagari Chittoor District -Appellants/ Respondents 3.4,11,15,16,18,19,22 and 23 And 1. EN Ismail S/o ME Nagoore Meera, aged 30 years, R/o DNo.9/132, Adam Colony, Nagari, Chittoor Dist. -Respondent/VV^fiLRetitioner V" 2. Andhra Pradesh State Waqf Board, rep. by its Chief Executive Officer, haj house, Nampally Hyderabad Rao market, 3. The Special Officer, Andhra Pradesh Wakf Board I Hyderabad, presently 4*^ piqq^ Imdad Ghar, Near Kaleswara Rao market, Vijayawada Ganesam, aged not known. Business R/o D.NO.8-30B Manoher sweet Hall Chittoor District (R-5) 5. KH Babu S/o KA Hussain, aged 35 years. Business Cool Drinks, Nagari, Chittoor District 6. H Rajendran S/o Hari, aged 40 years. Business Venkateswara Sweet Hall, R/o 8-20 Naoar Chittoor Dist. (R-7) ’ ^ ’ 7. KP Jayaprakash S/o Ganesan Mudaliar, aged 51 years Business, Ganesh cool drinks, D.No.8-29A, Prakasam Road Nagari, Chittoor Disrict ( R-8 ) Business, Mani Tea Stall 0 D.No.8-28, Prakasam Road, Nagari, Chittoor Dist (R-9) 9. J.Rameeja W/o late Abibulla. aged 45 years. Business, Rameeza Hotel, D.No.8-27, Nagari Chittoor Dist. V.Saravanan S/o Venkatesan, aged 40 Business, Saravanan Backery and Sweets T prakasam road, Nagari, Chittoor Dist ( R-12) R.Senthil S/o Rajendran, aged 40 years. Business Indian Cool Drinks, R/o 8-24A, Prakasam Chittoor District ( R-13) M.Khader Mohideen S/o Mohammed Ali, aged 60 years ChtorDisIhcT 7r'mT'"' K.Kumar S/o Krishnaiah Achari, aged 30 years Business, Purushotham Welding Shop R/o 8-21K New Bus stand, Nagari, Chittoor District K.Babu Sahib S/o Khader Sahib, aged 60 years Business, Fruit Mandy, R/o 8-21F, Nagari, Chittoor Dist (R-20) S.Bhaskar S/o Subrahmanyam, aged 60 years Business, Bhaskar provisional store, R/o 8-21G Nagari Chittoor District ( R-21) ’ ^ Nagari (R-6) ( R-10) 10. years, R/o D.No.8-26 11. road Nagari 12. 13. (R-^) n 14. 15. I 1^'’ I 16. K.Mohammed Bai S/o Khader Sahib, aged 65 years, Occ: Business, Mohammed Banana Merchant, R/o D.No.10-2.8A Nagari, Chittoor District ( R-24) 17. H.Maqbool Bai S/o Hameed Bai, aged 50 years, Occ; Business, Maqbool Mango Mandi, R/o D.No.10-28/i, Nagari, Chittoor District (R-25) -Respondents/ Respondents 5 to 10, 12 to 14, 17,19 to 21,24 and 25 ( Respondents 4 to 17 are not necessary parties in this appeal) lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dt.22-01-2025 passed in WP No.34075/2014 by the learned single judge of this Hon’ble Court pending disposal of the writ appeal. Counsel for the Appellants : SRI V. ESWARAIAH CHOWDARY Counsel for Respondent No.1 : SRI S.M. SUBHANI Counsel for Respondent Nos.2 & 3 ; SRI SHAIK KHAJA ii Counsel for Respondent Nos.4 to 17 : NONE APPEAREiCI The Court made the following : SASHA . 4 APHC010467292025 Bench Sr.No:-11 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SMS WRIT APPEAL NO: 989 of 2025 f AH Fazul and others ...Appellants Vs. EN Ismail and others ...Respondents ********** Advocate for Appellant: Advocate(s) for Respondent(s): Mr. V Eswaraiah Chowdary Mr. Subhani S M for R.1, Mr. Shaik Khaja Basha for R.2 & R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 12^^ September, 2025 DATE P C : The judgment and order, dated 22.01.2025, passed in WP.No.34975 of 2014 is under challenge. 2. By virtue of the impugned judgment and order, directions have been issued to the respondent - Wakq Board to remove the encroachments based upon the representation, dated 11.09.2014, submitted by the petitioner. 3. The petitioner had alleged in the representation supra that the Waqf Board had not initiated any steps as contemplated under the Waqf Act, 1995, to remove the encroachments made by respondent Nos.3 to 25 in the writ petition, some of whom are the appellants before this Court. 2 HCJ & RC, J WA 989_2025 from the record that on the date when the petition was counsel representing either the petitioner or any of the 4. It appears decided, none of the unofficial respondents were present before the Court. The direction assumes that whatever was stated in the representation of the petitioner was correct respondents (appellants herein) were in fact and that the unofficial encroachers upon the property in question which was wakq property. counsel for the appellants would submit that in the counsel for the petitioner, at best, the writ petition could have prosecution and ought not to have been disposed of with a direction as has been issued by the learned single Judge. 5. Learned absence of the been dismissed for non urged that the whole premise that the appellants Apart from this, it was encroachers on the land in question was not based on facts inasmuch as were had already been asserting their right over the property in the appellants question in regard ot which two petitions bearing Nos.9098 of 2018 & 2070 of 2021 were filed and are still pending before this Court. We have heard learned counsel for the parties. 6. We are of the opinion that the judgment and order impugned sustained without affording a proper opportunity of being heard to 7. cannot be the appellants herein and to conclusively decide as to whether the appellants have any right over the property in question before they could be directed to be evicted from the premises in question. 3 HCJ & RC, J WA_989_2025 We, therefore, allow this present Writ Appeal. The judgment and order impugned is accordingly set aside. 8. Registry is directed to post WP.No.34975 of 2014 on 22.09.2025 before for consideration afresh, shall also be listed along with learned single Judge having Roster W.P.Nos.9098 of 2018 & 2070 of 2021 WP.No.34975 of 2014. the No order as to costs. Miscellaneous applications pending, if any, shall stand closed. »• ^ Sd/- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// i SECTION OFFICER To, 1. The Registrar (Judicial), High Court of A.P., Amaravati. 2. The Chief Executive Officer Andhra Pradesh State Waqf Board, Haj house, Nampally Hyderabad presently 4*'^ Floor, Imdad Ghar, Near Kaleswara Rao market, Vijayawada. 3. The Special Officer, Andhra Pradesh Wakf Board, Haj house, Nampally Hyderabad, presently 4*'^ Floor market, Vijayawada. 4. The Section Officer, Writs (Non-Service) Section, High Court of A.P. 5. The Section Officer, Posting Section, High Court of A.P. 6. One CC to Sri V. Eswaraiah Chowdary, Advocate [OPUC] 7. OneCCto Sri S.M.Subhani, Advocate [OPUC] 8. One CC to Sri Shaik Khaja Basha, SC for AP Wakf Board [OPUC] 9. Two CD Copies Cnr Imdad Ghar, Near Kaleswara Rao HIGH COURT DATED: 12/09/2025 JUDGMENT WA NO. 989 OF 2025 X 11 SEP 2025 . Current Section ^^ CJ\ mi ALLOWING THE WRIT APPEAL WITHOUT COSTS