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2025 DAILYLAW 32474 (AP)

Sri M.A. Kaleem Baig v. State of Andhra Pradesh

WP/28240/2017 · 2025-04-03

Subba Reddy Satti

body2025

Judgment text

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APHC010479242017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28240/2017 Between: 1. SRI M.A. KALEEM BAIG, S/O. SRI M.A. AZEEM BAIG AGED 42 YEARS, OCC. MUTAWALLI MUTAWALLI BRANCH OF SHAHID JAM - E- MASZID [BIG MOSQUE] D. NO. 22-3-14, BIG MOSQUE COMPOUND LALLAPET, GUNTUR 522 003 GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT & ELECTION AUTHORITY SECRETARIAT, 4TH BLOCK, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. ANDHRA PRADESH 2. THE ANDHRA PRADESH STATE WAQF BOARD, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER CUM SECRETARY IMDAD GHAR, KALESHWARRAO MARKET, VIJAYAWADA TRANSIT OFFICE AT 5TH FLOOR, HAJ HOUSE, OPP. PUBLIC GARDENS, NAMPALLY, HYDERABAD. 3. THE ELECTION OFFICER AND ADDITIONAL SECRETARY, GOVERNMENT OF ANDHRA PRADESH MINORITIES WELFARE DEPARTMENT, SECRETARIAT, 3RD BLOCK, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. ANDHRA PRADESH 4. SMT REHANA BEGUM, D/O SHAREEF BAIG AGED 65 YEARS, OCC. MUTAWALLI, PESH IMAM BRANCH, SHAHID JAM-E-MASZID [BIG MOSQUE] R/O D. NO. 18-15-8, R/O SYED KHAN STREET NEAR B.R. SRS,J W.P.No.28240 of 2017 STADIUM, GUNTUR. ...RESPONDENT(S): 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, order or Direction more particularly in the nature of Mandamus by declaring the inaction of Respondents Nos. 1 to 3 in not considering the representations of the Petitioner dated 05-08-2017 and 19-08- 2017 as ultavirus, colourable exercise of power, violative of fundamental rights guaranteed under Article 14, 19 and 21 and consequently direct the Official Respondents to delete the name of the 4th Respondent from the Electoral Rolls of Muthawallies / Managing Committees by inserting the name of the Petitioner in place of 4th Respondent for conduct of election to Andhra Pradesh Waqf Board to be held on 31-08-2017 for Petitioner to cast his valuable vote for the elections of Andhra Pradesh State Waqf Board and be pleased to pass IA NO: 1 OF 2017(WPMP 35101 OF 2017 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 direct the 2nd and 3rd Respondents to forthwith delete the name of the 4th Respondent from the list of Voters electoral Roll of Muthawallies/managing Committees for conduct of election to the State of Andhra Pradesh Waqf Board to be held on 31-08-2017, by inserting the name of the Petitioner as shown in earlier Voters List of 2016 and be pleased to pass Counsel for the Petitioner: 1. SUNIL B GANU Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2. 3. S ARIFULLAH (SC FOR AP WAQF BOARD) SRS,J W.P.No.28240 of 2017 The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondents 1 to 3 in considering the representations dated 05.08.2017 and 19.08.2017 made by the petitioner to include his name in the voters list, as illegal and arbitrary. 2. Sri Syed Khadar Mastan, learned counsel representing Sri Sunil B. Ganu, learned counsel for the petitioner, would submit that pending the writ petition, the name of the petitioner was included in the voters list on 26.06.2023. Assailing the said inclusion, respondent No.4 filed W.P.No.22962 of 2023. 3. Thus, by efflux of time, the cause in the writ petition does not survive for adjudication, and thus the Writ Petition is closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 03.04.2025 TVN SRS,J W.P.No.28240 of 2017 132 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.28240 OF 2017 Date : 03.04.2025 TVN