APHC010516662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) HjiiS FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26975 OF 2024 BETWEEN: Mujawar Mehamud Basha, S/o Aslam Basha, Aged about 40 Years, Occ: Hereditary Mujawar D/o E/29 W-18 , Rasool Saab compound, SN Pet Ballari , Karnataka 1. 2. Mujawar Shanavaj, S/o Mujawar Yakubsab, Aged about 39 Years, Occ: Hereditary, R/o 1-65 Yellarthy Village, Holagunda Mandal, Kumool District , A.P Mujawar Imran, S/o Aslam Basha, Aged about 37 Years, Occ: Hereditary Mujawar H.No 31 , W-18 Rasool Saab compound, SN Pet Ballari , Karnataka Mujawar Jakeer, S/o Mujawar Shaiksha Vali, Aged about 15 Years, Occ: Hereditary Mujawar R'o 1-56 Yellarthy Village, Holagunda Mandal, Kurnool District, A.P Mujawar Noor Ahamad, S/o Mujawar Hasen Sab, Aged about 42 Years, Occ: Hereditary Mujawar, R/o 2-9 Yellarthy Village, Holagunda Mandal, Kumool District , A.P 3. 4. 5. 6. Mujawar Mohammed, S/o Mujawar Nabi Sab, Aged about 46 Years, Occ: Hereditary Mujawar R/o 1-56A Yellarthy Village, Holagunda Mandal, Kumool District , A.P ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Minority Welfare Department, A.P. Secretariat, Velagapudi, Amaravathi, A.P. Contd.. .2 '" -V' Page .? - The Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, 4'^ and Floor Imdad Char Wakf Complex, Opp: Kaleswararao Market, Vijayawada, Krishna District, A.P. The Chief Executive Officer Andhra Pradesh State Wakf Board, 4'^ and 5“’ Floor Imdad Ghar Wakf Complex, Opp: Kaleswararao Market, Vijayawada, Krishna District, A.P. The Inspector Auditor Wakf, Kurnool District, A.P. 3. 4. ...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 Writ of Mandamus pleased to issue a Writ or Writs more appropriately a 3rd respondent in issuing the memo 07-2024 issued by the 3rd declaring the action of the F.No.R1/04/Rent/KNL/2016-Urs. dated respondent for appointing 14 unauthorized persons as Mujawars / volunteers of Dargah Hazrath Syed Shaikshah Vali and Shaslia Vali (R.A.) situated at 19- A.P., without Kurnool District Yellarthy Village, Holagonda Mandal jurisdiction and without considering the representation dated 08-02-2024 of the petitioners who are existing Flereditary Mujawars which is illegal, void, ultra virus, un constitutional, without jurisdiction and in violation of principles of natural justice and also contrary to the provisions of the Wakf Act, 1995 and rules made thereunder in the interest of justice and equity. lA NO: 1 OF 2024 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 Memo F.No.R1/04/Rent/KNL/2016- Urs, dated 19- respondent for appointing 14 unauthorized Mujawars / volunteers of Dargah Hazrath Syed Shaikshah Vali situated at Yellarthy Village, Holagonda Mandal, 07-2024 issued by the 3rd persons as and Shasha Vali (R.A.) Kurnool District, A.P., pending disposal of the Writ Petition in the interest of justice and equity. Counsel for the Petitioners: SRI MD ABDUL MATEEN QURESHI Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondents Nos. 2 to 4: SRI SK OMER QAIYUM LEARNED COUNSEL REPRESENTING SRI SHAIK KHAJA BASHA SC FOR WAQF BOARD The Court made the following order: APHC010516662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) wm [3328] FRIDAY. THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26975/2024 Between: 1.MUJAWAR MEHAMUD BASHA, S/0 ASLAM BASHA, AGED ABOUT 40 YEARS, OCC HEREDITAIY MUJAWAR D/0 E/29 W-18 , RASOOL SAAB COMPOUND, SN PET BALLARI , KARNATAKA 2.MUJAWAR IMRAN, S/0 ASLAM BASHA, AGED ABOUT 37 YEARS, W-18 RASOOL SAAB OCC HEREDITARY MUJAWAR H.NO 31 , COMPOUND, SN PET BALLARI , KARNATAKA 3.MUJAWAR JAKEER, S/0 MUJAWAR SHAIKSHA VALI, AGED ABOUT 15 YEARS, OCC HEREDITARY MUJAWAR R/0 1-56 YELLARTHY VILLAGE, HOLAGUNDA MANUAL, KUMOOL DISTRICT, A.P 4.MUJAWAR NOOR AHAMAD, S/0 MUJAWAR HASEN SAB, AGED ABOUT 42 YEARS. OCC HEREDITARY MUJAWAR YELLARTHY VILLAGE, HOLAGUNDA MANUAL, KUMOOL DISTRICT, R/0 2-9 A.P 5. MUJAWAR MOHAMMED, S/0 MUJAWAR NABI SAB, AGED ABOUT 46 YEARS, OCC HEREDITAIY MUJAWAR R/0 1-56A YELLARTHY VILLAGE, HOLAGUNDA MANUAL, KUMOOL DISTRICT, A.P ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MINORITY WELFARE DEPARTMENT, A.P. SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2.THE ANDHRA PRADESH STATE WAKE BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR IMDAD GHAR WAKF COMPLE KRISHNA DISTRICT, A.P. OPP KALESWARARAO MARKET, VIJAYAWADA, 3.THE CHIEFEXECUTIVEOFFICER,ANDHRAPRADESHSTATE WAKF BOARD, 4TH AND 5TH FLOOR IMDAD GHAR WAKF COMPLE OPP KALESWARARAO MARKET, VIJAYAWADA, DISTRICT, A.P. KRISHNA 4.THE INSPECTOR AUDITOR WAKF, KUMOOL DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.MD ABDUL MATEEN QURESHI Counsel for the Respondent(S): 1 .GP FOR SOCIAL WELFARE 2.SHAIKKHAJA BASHA The Court made the following: ORAL ORDER: Heard Sri Md. Abdul Mateen Qureshi, learned Counsel for the Writ Petitioners appearing online and Sri Sk. Omer Qaiyum, learned Counsel representing Sri Sk. Khaja Basha, learned Standing Counsel for the Waqf Board. Sri Md. Abdul Mateen Qureshi, learned Counsel for the Writ Petitioners appearing online, has limited his submissions and drawn the attention of this Court to the Representation submitted by the Writ Petitioners dated 08.02.2024 (Ex.P.2). Learned Counsel would request the Writ Petition to be disposed of with a direction to the Respondent No.2 to consider the Representation mentioned above in accordance with law within a fixed period of time. 2. 3. Learned Counsel for the Respondents does not oppose this request. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits, directing Respondent No.2 to consider the Representation submitted by the Writ Petitioners dated 08.02.2024 (Ex.P.2) and pass a Speaking Order within a period of eight (08) weeks from today in accordance with law and communicate such order to the Writ Petitioners forthwith. The Writ Petitioners are directed to submit a photocopy of the above- mentioned Representation to Respondent No.2 within one (01) week from today. They are also given liberty to place on record any other material which they intend to rely upon. Needless to state that Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by providing an opportunity to the Petitioners as well as the other interested parties before passing the final Order. 4. 5. 6. With these observations and directions, this Writ Petition is disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 7. 8. Sd/- U. SRIDEV! ASSISTANT REGISTRAR ‘f^foFFICER //TRUE COPY// SEC To 1. The Principal Secretary, Minority Welfare Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, A.P. 2. The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4th Floor Imdad Ghar Wakf Complex Opp; Kaleswararao Market, and 5th Vijayawada, Krishna District, A.P. 3. The Inspector Auditor Wakf, Kurnool District, A.P. 4. One CC to Sri. Md Abdul Mateen Qureshi Advocate [OPUC] 5. Two CCs to GP for Social Welfare High Court of Andhra Pradesh [OUT] 6. OneCCto Sri. Shaik Khaja Basha SC for Waqf Board [OPUC] 7. Two CD Copies GSC 1 HIGH COURT DATED:01/08/2025 ORDER WP NO. 26975 OF 2024 I 2 n AUG 2m ^ . Current Section . oV m DISPOSING THEWP WITHOUT COSTS