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2025 DAILYLAW 39485 (AP)

Mr. Amjad Basha v. The A.P. State Wakf Board

WP/44291/2018 · 2025-06-23

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010914952018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT the HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION Mr>- Z14291 OF 2ni« JUNE PRATAPA Between; Mr. Amjad Basha, S/o. Anwar Basha, Aged Resident of A.S Peta Village and Mandal about 42 years, Occ. Employee, SPSR Nellore District. ...PETITIONER AND 1- The A. P. state Wakf Board rep. By its Chief Executive Officer, Hyderabad. Executive Officer, AS Peta Dargah, Vijayawada, Transit Officer, at HaJ House 2. The Wakf Inspector Auditor Nellore, Collector Office, Nellore. 3. Dargah Hazrath A1-Haj Syed Khwaja, Rahmatullah E-Rasool (R.A), Dargah and Saheb peer Nayeb- Mosque, Rahmatabad, Rep by its Managing Trustee, A.S.Peta, A.S Peta Mandal 4. Janab S. G. N. Hafeez Pasha, SPSR Nellore District. S/o. Ghouse Mohiddin, Aged about of Hazarath Syed Khaja and Mosque, A.S Peta, A.S 42 years, Sajjadanasheen Cum Mutawalli Rahamatullah Nayabe-E-Rasool Dargah Peta Mandal, SPSR Nellore District. ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be peased to issue a Writ, order or direction more particularly one in nature of wr t of Mandamus declaring the action of the 4'^ respondent in not allowing the petitioner to discharge the Petition under Article 226 of the Constitution services as employee in 3™ Respondent dargah 7 le., Hazarath Syed Khaja Rahamatullah Nayabe-E-Rasool Mosque, A.S Peta, A.S Peta Mandal, SPSR Nellore District dargah and without giving reasonable opportunity of being heard and not paying the salary for period from the month of October 2018 to till date as arbitrary, illegal and violative of principles of natural justice. Article 19, 21 of the constitution of India and consequently direct the respondents to continue the service of petitioner as employee in 4“^ respondent dargah by duly paying arrears of wages. lA NO: 1 OF 2ni« Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court direct the respondents to continue the may be pleased to service of petitioner as employee in 3rd Respondent Dargah by duly paying arrears of wages, pending disposal of the writ petition. [A NO: 2 OF 201« Between: 1. Dargah Hazrath Al-Haj Syed Khwaja, Rahmatullah Saheb peer Nayeb- E-Rasool (R.A), Dargah and Mosque, Rahmatabad, Rep by its Managing Trustee, A.S..Peta, A.S Peta Mandal, SPSR Nellore District. 2^Janab S. G. N. Hafeez Pasha, S/o. Ghouse Mohiddin, Aged about 42 of Hazarath Syed Khaja Rahamatullah Nayabe-E-Rasool Dargah and Mosque, A.S Peta, A.S Peta Mandal, SPSR Nellore District. years, Sajjadanasheen Cum Mutawalli ...PETITIONERS/RESPONDENTS 3 & 4 AND 1. Mr. Amjad Basha, S/o. Anwar Basha, Employee, Resident of A.S Peta Village District. Aged about 42 years, Occ. and Mandal, SPSR Nellore ...RESPONDENT/WRIT PETITIONER r 2. The A. P. State Wakf Board, rep. By its Chief Executive Officer Vijayawada. Transit Officer, at Haj House. Hyderabad. 3. The Wakf Inspector Auditor Nellore. Executive Officer, AS Peta Dargah, Collector Office, Nellore. ...RESPONDENTS/ RESPONDENTS 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 vacate the order dt. 11.12.2018 passed in IA.No.1 of 2018 in WP No. 44291 of 2018 . Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1 & 2: SRI SHAIK KHAJA BASHA, SC FOR AP STATE WAKQ BOARD Counsel for the Respondent Nos.3 & 4: SRI RAVULA NAGARJUNA The Court made the following: ORDER 1 APHC010914952018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 44291/2018 Between: Mr. Amjad Basha ...PETITIONER AND The A P State Wakf Board and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI I Counsel for the Respondent(S): 1 .SK.KHAJA BASHA (SC FOR WAKF BOARD) 2.RAVULA NAGARJUNA The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “.....to issue a Writ, order or direction more particuiariy one in nature of writ of Mandamus deciaring the action of the 4^ respondent in not allowing the petitioner to discharge the services as employee in 4''^ Respondent dargah i.e., Hazarath Syed Khaja Rahamatullah Nayabe-E-Rasool dargah and Mosque, A.S Peta, A.S Peta Mandal, SPSR Neiiore District without giving reasonable opportunity of being heard and not paying the salary for period from the month of October 2018 to till date as arbitrary, illegal and violative of principles of 2 2. When the matter i IS taken up for hearing, Sri M.Sohail Shareef, learned counsel, representing Sri Sk.Khaja Basha, learned Standing Counsel Board, would submit that despite for Wakf the interim order passed by this Court is not working in the Dargah. No further orders may be disposed of. , the individual is not joined and he i are required in this matter. The petition 3. Recording the same, the Writ Petition i order as to costs. IS disposed of. There shall be no As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A. VBAtA BABU AsliSTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Executive Officer, A P State Wakf Board, Vijayawada, Transit Officer, at Haj House, Hyderabad. 2. The Wakf Inspector Auditor Nellore, Executive Officer, AS Peta Dargah, Collector Office, Nellore. 3. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 4. One CC to Sri Shaik Khaja Basha, SC for A.P. State Wakf Board [OPUC] 5. One CC to Sri Ravula Nagarjuna, Advocate [OPUC] 6. Three CD Copies. SSb HIGH COURT DATED;24/06/2025 S 21} aU6 20X a W Current Section ^ ORDER WP No. 44291 of 2018 DISPOSING OF THE W.P. WITHOUT COSTS