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2025 DAILYLAW 39385 (AP)

D.MD. Ashfaq, v. The Principal Secretary

WP/37675/2016 · 2025-02-11

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 37675 OF 2016 Between: D.MD. Ashfaq, S/o. D. Anwar Basha, Aged; 43 years, Occ: Muthavalli (under Suspension) & Sajjadanasheen, R/o D.No. 18/71-A, Main Road, Opp; H.P. Petrol Bunk, Guntakal Town, Anantapur District. ...PETITIONER AND The Principal Secretary, Minority Welfal. Dept. The State of Andhra Pradesh Office at Secretariat - Hyderabad. Andhra Pradesh State Wakf Board, Rep by chief executive officer Haj House, Nampally, Hyderabad. The Inspector Auditor Wakf, Anantapur District, Office at Collector Office, Anantapur Town. 1. 2. 3. ...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 an appropriate writ order or direction, more particularly a writ in the nature of WRIT OF MANDAMUS, declaring the in action of the 2"^ Respondent in not completing the Enquiry U/Sec. 64(3) of the Wakf Act 1995, within six (6) months, while suspending the Petitioner as Mutawalli of the Dargah Syed Shah Ali Akber Urf Mastan Vali, Guntakal, Anantapur District, as arbitrary, illegal, void, and in violation of Rule 24-A (iv) of the A.P.Wakf Rules, Article 14 of the Constitution of India and principles of natural Justice and consequently direct the 2""* Respondent to reinstate the w Petitioner as Mutawalli of the Dargah Syed Shah Ali Akber Urf Mastan Vali, Guntakal, Anantapur District, forthwith, pending the Enquiry in the interest of justice. I-A. NO: 1 OF 2016fWPMP. I-A. NO: 1 OF 2016fWPMP. NO: 4641« r>F 201 fit 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 reinstate the Petitioner forthwith Mutawalli of the Dargah Syed Shah All Akber Urf Mastan Vali, Guntakal Anantapur District" pending the above Writ Petition in the interest of justice as Counsel for the Petitioner; SRI N.SAMEENA Counsel for the Respondents: SRI FARHAN AZAM KHAN Counsel for the Respondents: ELEVATED AS JUDGE Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: SRI FARHAN AZAM KHAN The Court made the following: ORDER w APHC010884772016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 37675/2016 Between: D.md. Ashfaq, ...PETITIONER AND The Principal Secretary and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.N SAMEENA Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE (AP) 2.MOHAMMED GAYASUDDIN 3. FARHAN AZAM KHAN 4.MAHESWARA RAO KUNCHEAM THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 37675/2016 This Court made the following ORDER: No representation for the Petitioner. Learned Standing Counsel submits that as directed by this Hon’ble Court in its order dated 22.11.2016, the enquiry has already been completed and no further orders are necessary in this writ petition for further adjudication and hence, the writ petition becomes infructuous. In view of the above, the Writ Petition is dismissed as infructuous. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri N.Sameena, Advocate [OPUC] 2. One CC to Sri Farhan Azam Khan, Advocate [OPUC] 3. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 4. One CC to Sri Mohammed Gayasuddin, Advocate. [OPUC] 5. Three CD Copies. gi T HIGH COURT DATED:11/02/2025 ORDER WP.No.37675 of 2016 0 3 MAR 2025 Co. Current Section DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS