APHC010654512017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22176/2017 Between: 1. S. AHAMED HUSSAIN,, S/O LATE MOHAMMED MIYA, AGED ABOUT 80 YEARS, OCC: AGRICULTURIST, MUTAVALLI OF ALLUR MASJID, ALLUR, R/O .4-72, VADDEMANU VILLAGE, NANDIKOTKUR MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH STATE ...PETITIONER AND 1. THE A P STATE WAKF BOARD, REP BY ITS CEO, TRANSIT OFFICE, HAJ HOUSE COMPLEX, OPP. PUBLIC GARDENS, NAMPALLI, HYDERABAD 2. SENIOR ASSISTANT/INSPECTOR AUDITOR, MOHAMMADIA WAKF COMPLEX, KURNOOL DISTRICT, AP 3. MANDAL REVENUE OFFICER, NANDIKOTKURMANDAL, KURNOOL DISTRICT, ANDHRA PRADESH ...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 toto issue a Writ or order or direction more specifically in the nature of Writ of Mandamus or any other appropriate direction declaring the action of the respondent in F.No.20/M/KNL/2015/Z-IV dated 07-02-2017 taking the Allur Masjid and its properties under direct management without cancelling the Mutavallli ship of the petitioner as illegal ultravires in the interest of justice and equity 2 IA NO: 1 OF 2017(WPMP 27291 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 suspend the proceedings of the respondents in F.No20/M/KNL/2015/Z-IV dated 07-02-2017 including the taking the physical possession of the Masjid Alur and its properties under their direct control till the disposal of the Writ Petition in the interest of justice and equity IA NO: 1 OF 2018 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 stay the property attached to Allur Mosque, Nandikotkur, Kurnool District, Andhra Pradesh by appointing a new Managing Committee for the upcoming Kharif Crop till the disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. NASEEB AFSHAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. SHAIK KHAJA BASHA The Court made the following: ::ORDER:: None appeared for the petitioner. Heard learned Assistant Government Pleader for Revenue and Sri Shaik Khaja Basha learned standing counsel. 2. The above writ petition is filed impugning the proceedings of the 1st respondent vide F.No.20/M/KNL/2015/Z-IV, dated 07.02.2017 directed the Assistant Secretary, Kurnool District, to take the subject Waqf Institution and its attached properties under the Direct Management of the Waqf Board, as illegal and arbitrary. 3. On 12.09.2014, the 1st respondent appointed a managing Committee for the Allur Masjid. The petitioner made an application to appoint him as Mutavalli. The petitioner was appointed as Mutavalli vide 3 F.No.20/M/KNL/2015/2-IV, dated 18.01.2016. However, a person named Syed Madar Basha filed O.A.No.11 of 2016 before the AP State Wakf Tribunal. The said O.A.No.11 of 2016 was allowed on 10.11.2016. Thereafter, the 1st respondent issued the proceedings impugned, directing the Assistant Secretary, Kurnool District, to take the subject Waqf Institution and its attached properties. 4. The petitioner’s appointment as Mutavalli was set aside by the Waqf Tribunal on 10.11.2016 in O.A.No.11 of 2016 (Ex.P3). learned standing counsel would submit that the order of the tribunal has not been challenged, and it has become final. The petitioner, by this writ petition, challenges the consequential proceedings, taking over the Waqf institution by the Waqf Tribunal. In the considered opinion of this Court, the taking over of this Waqf institution under Section 65 of the Waqf Act is only consequential, since the petitioner's appointment as Mutavalli was set aside in O.A.No.11 of 2016 by the Waqf Tribunal. 5. The grievance of the petitioner is that without cancelling Mutavalli ship, the 1st respondent has taken over the management is misconceived. This Court does not find any merit in the writ petition, and the writ petition is liable to be dismissed. 6. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 13.03.2025 SNI 4 444 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.22176 OF 2017 Dated: 13.03.2025 SNI