1 APHC010582462014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20473/2014 Between: 1. M.KHALANDER BAIG, S/O. N. AMANULLA BAIG, AGED ABOUT 46 YEARS, OCC: BUSINESSMAN, RIO. LIG-125, APHB COLONY, NEAR B-CAMP, KURNOOL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE AP STATE WAQF BOARD AND ANOTHERS, REP. BY ITS CHIEF EXECUTIVE OFFICER, HAZ HOUSE COMPLEX, NAMPALLY STATION ROAD, HYDERABAD. 2. THE ASHOOR KHANA HAZARATH ABBAS, A REGISTERED WAQF INSTITUTIONS, REP. BY ITS MUTHAVALLI SRI SHAIK HUSSAIN SAHEB, S/O. LATE NABHI SAHEB, R/O. PALKUR VILLAGE, BANGANAPALLI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. K UDAYA SRI Counsel for the Respondent(S): 1. SHAIK KHAJA BASHA (SC FOR WAQF BOARD) 2. KARRI MURALI KRISHNA 2 The Court made the following: ORAL ORDER: None appeared for the Writ Petitioner. 2. The relief sought in the present Writ Petition is as under: “It is therefore prayed that the Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the in action on part of the 1st Respondent in not taking action for removal of the 2nd Respondent is Muthawalli of the Ashoor Khana Hazarath Abbas, Waqf Institution in terms of section 64 of the Waqf Act, 1954 as amended from time to time as being arbitrary, illegal, unjust and detrimental to the interests of the Waqf Institution and consequently direct the 1st Respondent to initiate action for removal of the 2nd Respondent as Muthavali in accordance with law and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. Since this Writ Petition is of the year 2014, this Court has suo moto examined the issue. 4. Sri Shaik Khaja Basha, learned Standing Counsel for Respondent No.1 has drawn the attention of this Court to Rule 24 of the Andhra Pradesh Wakf Rules, 2000 (G.O.Ms.No.192, Minorities Welfare (Wakf – II) dated 30.11.2000). The said Rule is usefully extracted hereunder: “Procedure for Instituting Enquiries: (1) (a) No application for inquiry relating to administration of the Wakf under Section 70 shall be admitted by the Wakf Board, unless a fee of Rs.50/- is deposited in the Wakf Board treasury through a challan crossed bank draft or crossed postal certificate. (b) No application for inquiry shall be entertained unless supported by an affidavit an accompanied with copies equal to the number of respondents plus two extra copies. (c) The parties to the proceedings shall deposit in cash in the office of the Board, fee at the rate of rupees ten per respondent or witness for summons and notices and rupees thirty for summoning documents. 3 (d) In addition to the fee prescribed above the party summoning the witnesses shall bear the date of such witnesses fixed by the Board, and shall deposit the same in advance with the office of the Board. (2) Notice of inquiry shall be sent by Registered Post, Acknowledgement Due at least fifteen days before the date fixed for the inquiry, to the parities concerned specifying the date, hour, and place fixed for holding such inquiry. (3) A copy of the notice shall be fixed on the notice board of the office of the Board and in any other conspicuous place in any locality in which the property is situated such affixture shall be deemed to be sufficient service. (4) All persons who appear in response to the notice may, within the time fixed in the notice or within such further time as may be granted file written statements. (5) Any party to the proceedings shall have a right to appear in person or through Counsel. (6) The inquiry shall be summary and the Inquiring Officer shall record the Memo of Evidence. (7) The Board or any person authorised in this behalf while holding an inquiry shall have the same powers as are vested in a Civil Court under Orders XXXIX and XL of the Code of Civil Procedure, 1908 in respect of the following matters, namely: (i) temporary injunctions and interlocutory orders; (ii) appointment of Receiver for management of the property which is the subject-matter of the enquiry; and (iii) appointment of a Commissioner for the purpose of this rule. (8)The provisions of the Code of Civil Procedure, 1908, and rules thereunder shall apply, as far as practicable to the appearance of pleaders, and to affidavit production of documents examination of affidavits, filing of exhibits issue of commission, return documents and pronouncement of judgment.” 5. Sri Shaik Khaja Basha, learned Standing Counsel for Respondent No.1 would submit that as per the said Rule-24, an Application must be submitted upon payment of Rs.50/- as fee to the Wakf Board. He would submit that the 4 Writ Petitioner has not so far made any such Application and that if the Writ Petitioner or anyone makes such Application as per the procedure, learned Standing Counsel would submit that the same would be considered by the Wakf Board in accordance with law. 6. Having recorded the same, this Court deems it appropriate to dispose of the Writ Petition in terms of the above observations. 7. Accordingly, this Writ Petition is disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:18.08.2025 Vns