IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24689 OF 2017 Between: Abdus Saleem, S/o Abdul Raheem Aged about 44 Years Occ: practicing Advocate R/o.Flat No.501, Kavyateja Enclave, Rayavanipalem Road, Saripalle, Visakhapatnam, Visakhapatnam Dist. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Minorities Welfare Department, Secretariat at Veiagapudi, Amaravathi, Guntur Dist. A.P. 2. The Central Waqf Council, (Ministry of Minority Affairs Govt, of India) Rep. by its Secretary, P-13 & 14, Pushp Vihar, Sector-6, Opp:Family Court, Saket, New Delhi -1100117. 3. The Andhra Pradesh State Wakf Board, rep.by Its Chief Executive Officer, Transit office at 5°' Floor, Haj House, NampaHy, Hyderabad. 4. The Inspector Auditor Waqfs, Visakhapatnam District, Collectorate, Visakhpatnarn. 5. Janab Abdul Rehman Khan, S/o Abdus Salam late. Aged about 65 years, Occ; Principal of Madarasa, namely, Darul Uioom Ishaqiya Nooriya, D.No.23-18-2, B.C. Road, Gajuwaka, Visakhapatnam-530026 (AP). Office at 6. Jai-lab Md. Athar (Shabbir), S/o Md. Taher Aged about 59 years, Selfstyled President, Of Madarasa, namely, Darul Uioom Ishaqiya Nooriya, D.No.23-18-2, B.C. Road, Gajuwaka, Visakhapatnam-530026 (AP)... ...Respondents a Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order of direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3'”'^ Respondent for not initiating action Under as per provisions of the Waqf Act, 1995 particularly Under Sec.52A of the Waqf Act, against the 5 6*^ Respondents inspite of the report submitted by the 4 F.No.56/Waqf/DIN/Madarasa/2016, dated:10.02.2017 is being illegal, arbitrary, unconstitutional and against to the provisions of the Waqf Act, 1995 as amended and consequently direct the 3rd Respondent to take the subject institution and its attached properties under its direct and respondent in management, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. I.A. NO: 2 OF 2017fWPMP. I.A. NO: 2 OF 2017fWPMP. NO: 30589 OF 20171 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 3'’'' respondent to manage the affairs of the Madarasa Darul Uloom Ishaqiya Nooriya and its attached properties at D.No.23-18-2, B.C. Road, Gajuwaka, Visakhapatnam, under its direct management. I.A. NO: 1 OF 2017(WPMP. NO: 30588 OF 20171 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 3'^'^ respondent to initiate criminal prosecution Under Sec.52A of the Waqf Act, 1995 against the 5 their illegal possession and enjoyment over the subject Waqf property. Counsel for the Petltloner{s):SRI. SUBHANI S M Counsel for the Respondents: N ASHWANI KUMAR and 6 Respondents for GP FOR SOCIAL WELFARE (AP) S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following; APHC010471452017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■tH [3331] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24689/2017 Between: Abdus Saleem ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SUBHANI S M Counsel for the Respondent(S): 1.GP.FOR SOCIAL WELFARE (AP) 2. NASH WAN I KUMAR 3.S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondent authorities in initiating action as per the provision of Waqf Act, 1995 (hereinafter referred to as ‘the Act’) under Section 52A of the Act against the respondents 5 & 6, despite report submitted by respondent No.4 vide F.No.56/Waqf/DIN/Madarsa/2016, dated 10.02.2017 (Ex.P4), is illegal and arbitrary. Page 2 of 3 Heard Sri S.M. Subhani, learned counsel for the petitioner and Sri Shaik Khaja Basha, learned Standign Counsel appeared for respondents 3 & 4 and Sri N. Ashwani Kumar, learned counsel appeared for respondents 5 & 6. 2. At the hearing, Sri Shaik Khaja Basha, learned Standing Counsel would submit that pending the writ petition, the Waqf Board has taken the control of the property of an extent of Ac.1.91 cents in Sy.No.66/6 of Gajuwaka, Visakhapatnam vide Muntakhab in F.No.B3/33/VSP/2005-ZV, dated 24.05.2007 at S.No.4 in Page No.152, registered under Section 36 of the Act. In fact, in the counter affidavit, at para No.7, it was pleaded that the Waqf Board came to know about the mismanagement of respondent 5 & 6 in April, 2016 and a report was called for from respondent No.4, by issuing memo dated 08.04.2016. Respondent No.4, in turn, submitted a report and initiated action. 3. In view of the averment made in the counter affidavit, the grievance of the petitioner that respondents 3 & 4 are not initiating action stands resolved. Hence, the cause in the writ petition does not survive for adjudication. 4. Given the facts and circumstances of the case, the Writ Petition is 5. closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY registrar //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI. SUBHANI S M Advocate [OPUC] 2. One CC to SRI. N ASHWANI KUMAR Advocate [OPUC] Two CCS to GP FOR SOCIAL WELFARE (AP) .High Court Of Andhra Pradesh. [OUT] One CC to SRI. S ARIFULLAH (SC FOR AP WAQF BOARD) Advocate 6. Three CD Copies 3. 4. •sr HIGH COURT DATED:27/03/2025 ORDER ^2 5 JUL 2025 urrentSecti _«o WP.No.24689 of 2017 •a, CLOSING THE WRIT PETITION WITHOUT COSTS