1 APHC010548912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28430/2025 Between: 1. K M SHAKEEL SAFI, S/O. K.M. SAFIULLSH, AGED 61 YEARS, OCC PRESIDENT, A.P. WAKF INSTITUTIONS MUTAWALLIS AND MAR ASSOCIATION, 6-684-A, RAM NAGAR, ANA(ITAPUR, ANANTAPUR DISTRICT - 515 001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CEO, 4TH FLOOR, IMDADGHAR, OPP. KHALESWARARAO MARKET VIJAYAWADA, NTR (OLD KRISHNA) DISTRID. AGING COMMITTEES WELFARE 3. ASTANA EMAQDOOMULLAHI WITH DARGAH HAZARATH KHAJA PEERULLA MOHAMMED HUSSAINI CHISTI, REP. BY MUTAWALLI SRI KHAJA SYED SHALL ARIFULLAH HUSSAINI, KADAPA TOWN, KADAPA DISTRICT. 4. JANAB KSS ARIFULLA HUSSAINI, MUTAWALLI, ASTANA E- MAQDOOMLLLAHHI WITH DARGAH HAZARATH KHAJA PEERULLA MOHAMMED HUSSAINI CHISTI, KADAPA TOWN, YSR KADAPA DISTRICT 5. THE DISTRICT REVENUE OFFICER AND DISTRICT WAQF OFFICER, KADAPA, YSR KADAPA DISTRICT. 6. THE DISTRICT MINORITY WELFARE OFFICER AND ADDITIONAL 2 DISTRICT WAQF OFFICER, KADAPA, YSR KADAPA. 7. THE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KADAPA YSR KADAPA. ...RESPONDENT(S): Counsel for the Petitioner: 1. V HIMABINDU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: ORAL ORDER: Heard Sri V. Venugopala Rao, learned Senior Counsel assisted by Sri B. Nagaraju, learned Counsel representing Smt. V. Himabindu, learned Counsel for the Writ Petitioner, Sri A.M. Qureshi, learned Senior Counsel appearing online representing Sri Md. Saleem Pasha, learned Counsel for the Respondent Nos.3 & 4, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri M. Sohail Shareef, learned Counsel appearing on behalf of Sri Khaja Basha, learned Standing Counsel for Respondent No.2. 2. The present Writ Petition is filed seeking the following relief: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 6 in not undertaking public auction/tender process as provided under Rule 4 of the Waqf Properties Lease Rules 2014 for allotment of shops/space on eve of Sandal Festival/Urus to be celebrated from 23.10.2025 onwards at 3rd respondent institution, being bad, illegal, arbitrary, contrary to the provisions the Waqf Act 1995 and Rules besides offending Article 14 & 25 of Constitution of India and consequentially to direct the respondents 2 to 6 to take immediate steps for issuance of licenses/leasing out shops/space by competitive bids in transparent manner duly following the said provisions and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3 3. The above extract would indicate that the Writ Petitioner has alleged that the Respondent Nos.3 & 4 are not adhering to the Order passed by the learned Single Judge of this Court dated 07.11.2024 in W.P.No.22326 of 2024. On perusal of the Order passed by the learned Single Judge of this Court dated 07.11.2024 in W.P.No.22326 of 2024 (Ex.P.8), it transpires that the learned Single Judge has given directions to all the parties therein, who are mostly common parties in the present Writ Petition as well, that until the enquiry, contemplated under Sections 46, 46(2), 70 and 71 of the Waqf Act, 1995, is finalized, the Respondent Nos.4 & 5 therein (the present Respondent Nos.3 & 4) shall manage the affairs jointly with the District Revenue Officer- cum-District Waqf Officer. 4. It is the submission of Sri A.M. Qureshi, learned Senior Counsel appearing for the Respondent Nos.3 & 4 that in pursuance of the Order of the learned Single Judge dated 07.11.2024, the enquiry has been conducted, but before submission of the Enquiry Report to the Waqf Board, the content of the Enquiry Report got leaked and therefore, the Enquiry Report was shelved and a fresh Enquiry has been initiated. It is submitted that the fresh enquiry is underway. 5. Insofar as the present issue is concerned, the Petitioner is complaining of allotment of shops/spaces during the Urus Festival, which is likely to be conducted between 05.11.2025 to 10.11.2025. 6. Sri A.M. Qureshi, learned Senior Counsel appearing for the Respondent Nos.3 & 4, would also submit that the present Writ Petition is misconceived and premature inasmuch as the allotment of shops and spaces would not be done during the Urus Festival. He would also submit that only prayers and other religious activities are undertaken but shops and spaces are not allotted on short lease for the sale of any items during this period. He would also submit that exhibition is conducted, which is an annual affair, between 05.11.2025 and 25.11.2025. Learned Senior Counsel, on instructions, would further submit and undertake that allotment of shops and spaces would be 4 done jointly by the Respondent Nos.3, 4 & 6 herein and that no decision shall be made individually by Respondent Nos.3 & 4 alone without the consent and approval of the Respondent No.6 namely the District Minority Welfare Officer & Additional District Waqf Officer, Kadapa. Learned Senior Counsel appearing for the Respondent Nos.3 & 4 would also submit that the procedure laid down in Rule 4 of the Waqf Properties Lease Rules, 2014 will be scrupulously followed jointly by Respondent Nos.2, 3 & 6 herein. 7. Since Sri A.M. Qureshi, learned Senior Counsel appearing for the Respondent Nos.3 & 4 has submitted and conceded the abovementioned undertakings on the instructions rendered by Respondent Nos.3 & 4, the same are recorded. Having recorded the same and also having recorded the fact that no allotment of shops and spaces is made so far during the Urus Festival, this Court deems it appropriate to dispose of the present Writ Petition in terms of the undertakings given by Respondent Nos.3 & 4 through Sri A.M. Qureshi, learned Senior Counsel. This Writ Petition is accordingly disposed of. No order as to costs. 8. Learned Counsel appearing for the respective parties are directed to convey the gist of this Order to the respective parties forthwith for effective compliance. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:17.10.2025 Note: Issue C.C today, B/o, Vns