IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWOTHOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24989 OF 2015 ^ QC m CrU .. s /■ /• •r Between: Smt. Shaik Khasim Bee, W/o. Late. Shaik Moula All Saheb, aged about 85 years, Occ: Household, R/o. H.No. 71-105-D9, Chenchu Nagar, Kallur Post, Kurnool City, Kurnool District, Andhra Pradesh - 518 003. ...PETITIONER AND 1. The State of Andhra Pradesh, Through Minorities Welfare Department Rep. by its Principal Secretary, Secretariat, Hyderabad. 2. The Andhra Pradesh State Waqf Board, Rep. by its Chief Executive Officer, Haj House Building, Nampally, Hyderabad. 3. The Inspector - Auditor (Wakf), A.P. State Wakf Board, Kurnool Local Office, Collectorate Complex, Kurnool - 518 002. ...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 pleased to issue appropriate writ, order or direction particularly One in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not appointing the petitioner as Mutawalli of notified Waqf "Salkapuram Mosque", situated at Salkapuram Village, Kurnool District, by considering the representation dated : 04.07.2015, as arbitrary and contrary to the provisions of The Waqf Act, 1995. *4^ ^ I.A. NO: 1 OF 2015(WPMP. NO: 32441 OF 2015) 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 2"'^ Respondent to appoint Managing Committee under section 63 of the Waqf Act, 1995, pending the above writ petition to meet the ends of justice. Counsel for the Petitioner: SRI MOHD ISLAMUDDIN ANSARI Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 3: SRI SHAIK KHAJA BASHA, SC FOR APSWB The Court made the following: ORDER ■> 1 APHC010814622015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24989/2015 Between: ...PETITIONER Smt. Shaik Khasim Bee, AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .MOHD ISLAMUDDIN ANSARI Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2.SHAIK MOHAMMAD(SC FOR AP WEB) 3.SHAIKKHAJA BAS HA 2 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA THE WRIT PETITION NO: 24989/2015 This Court made the following ORDER: The case of the petitioner is that the Petitioner is legal heir of (1) Ismail Sahenb (2) Ahmed Saheb and (3) Shall joint mutawallis i.e. respect of Salkapuram Mosque, situated at Salkapuram Section 42 of the Waqf Act, 1995 (for Basha in Village, Kurnool District as per the legal heir of the deceased Mutawalli the Mutawalli, for which the short “Act”). Being Petitioner is entitled for appointment as Petitioner submitted a representation to the Z"' Respondent herein on Even though the said 04.07.2015 for appointment of Mutawalli. received by the Respondent, neither considered the representation replied to the representation of the Petitioner. representation nor Hence the Writ Petition. counsel for the Petitioner submits that pending Writ considered the representation of the Mutawalli being legal heir of the Section 42 of the Act. It is also prayed by 2. Learned Petition also respondents not Petitioner and not appointed as deceased Mutawalli as per 3 the Petitioner that the Petitioner can also be appointed U/s 63 of the Act. On the other hand, learned Standing Counsel appearing for Respondent No.2 submits that in view of new board was constituted in 3. recent time i.e., in November, 2024, let there be a fresh representation by the Petitioner to the Respondent since the 2'"'^ Respondent is empowered to consider the representation of the Petitioner and pass appropriate orders by considering the eligibility and entitlement of the Petitioner. 4. Heard learned counsel for the Petitioner and learned Standing Counsel for Respondent and on perusal of Section 42 of the Act, it is observed that the claim of the Petitioner can be considered for appointment as Mutawalli. Therefore, the Petitioner asserts that he has legal right for consideration being legal heir to the earlier Mutawalli pursuant to his representation for considering himself as Mutawalli of the subject Waqf Institution. 5. In view of the reasons stated above, the Petitioner is directed to submit representation afresh to the 2'^'^ Respondent within a period of two weeks from the date of receipt of a copy of this order and after such submission of the representation the 2"*^ Respondent shall considerjthie same and pass speaking orders after affording personal r"' V v 4: hearing to the Petitioner with reference to Section 42 within a period of three months from the date of representation by the Petitioner. No costs. or 63 of the Act receipt of the • 6. With the above directions, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications if any pending shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Minorities Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Chief Executive Officer, Haj House Building, Nampaily, Hyderabad 3. The Inspector - Auditor (Wakf), Andhra Pradesh State Waqf Board, A.P., Kurnool Local Office, Collectorate Complex, Kurnool - 518 002. 4. One CC to Sri Mohd Islamuddin Ansari, Advocate [OPUCJ 5. One CC to Sri Shaik MohammadfSC for APSWB) [OPUCJ 6. One CC to Sri Shaik Khaja Basha, SC for APSWB(OPUCJ 7. Two CCS to GP for social welfare, High Court of Andhra Pradesh, [OUT] 8. Three CD Copies. ssb '7 HIGH COURT DATED:24/01/2025 ORDER WP.No.24989 of 2015 0 ^ FEB 2025 o 'I-/ . Current Section * ^ DISPOSING OF THE W.P. WITHOUT COSTS