APHC010246632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12371/2025 Between: Rvh Imran Hussain and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K V RAGHU VEER Counsel for the Respondent(S): 1. 2. SHAIK KHAJA BASHA The Court made the following: :: ORDER :: Impugning the proceedings issued by, the Chief Executive Officer of respondent No.3 vide F.No.12/KNL/M/2007/Z-IV/Supply, dated 17.04.2025 (Ex.P1), whereby extending the suspension period of the petitioners as Mutawallies of Waqf institutions, until further orders and appointing an inquiry officer to conduct a detailed inquiry under Section 70 & 71 of Waqf Act, the above writ petition is filed. Page 2 of 5 SRS,J W.P.No.12371 of 2025 2. Heard Sri K.V. Raghuveer, learned counsel for the petitioners and learned Assistant Government Pleader, appeared for respondent No.1 and Sri P. Veera Reddy, learned Senior Counsel assisted by Sri Shaik Khaja Basha, learned Standing Counsel appeared for respondents 2 to 4. 3. Sri K.V. Raghuveer, learned counsel for the petitioners would submit that the petitioners, Muthawallies of Waqf institution namely Chowk Masjid, situated at Nandyal Town, are placed under suspension by Gazette notification vide F.No.12/KNL/M/2007/Z-IV/Supply, dated 09.04.2025 (Ex.P8), for a period of 10 days, under Section 64(5) of the Waqf Act, 1995 (hereinafter referred to as ‘the Act’). The allegations, on which the petitioners were placed under the suspension, are without any basis. The Inspector Auditor, Waqfs submitted reports dated 12.11.2024 (Ex.P2), 04.12.2024 (Ex.P3) and 03.03.2025 (Ex.P4) to respondent No.3. He also would submit that the petitioners have been paying the Waqf fund regularly and submitted accounts, duly audited. Due to some exigency reasons, the petitioners were suspended. 4. Sri Veera Reddy, learned Senior Counsel appearing for respondents 2 to 4 would submit that, based upon the reports submitted by the Inspector Auditor, Waqf vide Exs.P2 to P4, a resolution vide No.37/2025, dated 02.04.2025, was passed by the Waqf Board. Thereafter, the petitioners were placed under suspension for a period of 10 days, under Section 64(5) of the Waqf Act, 1995. The Chief Executive Officer of respondent No.3 was appointed as an inquiry officer, who in turn, issued notices to the petitioners. Later, the Chief Executive Officer placed the material before the Board, and the Board convened a special meeting on 17.04.2025. Based upon the resolution, the suspension of the petitioners was extended. Learned senior counsel would also submit that Sri A.K. Nazeer Saheb, Retired Additional Director Sericulture was appointed as an enquiry officer to conduct a detailed inquiry. Page 3 of 5 SRS,J W.P.No.12371 of 2025 5. In reply, learned counsel for the petitioners would submit that under the guise of an inquiry, the suspension of the petitioners is being prolonged indefinitely. He would submit that the petitioners will cooperate with the inquiry. 6. Sri Veera Reddy, learned Senior Counsel would submit that as per the Rule 55 of the Waqf Rules, 2003, the maximum limit to conduct an inquiry is six months, and if the inquiry is not completed within six months, a provision is provided to take appropriate action against the inquiry officer. 7. At this juncture, learned counsel for the petitioners would submit that the petitioners will submit all the relevant documents to the inquiry officer and in fact the inquiry was scheduled on 05.05.2025 and, later adjourned to 09.05.2025. Learned counsel would also submit that the petitioners will cooperate with the inquiry. Of course learned counsel, at the hearing, has drawn the attention of the Court to the contents of the report. However, given the submission that the petitioners will cooperate with the inquiry, this court is not going into those aspects at this juncture. 8. Given the facts and circumstances of the case, and since an inquiry was already been set into motion, without going into the various grounds raised by the petitioners regarding the suspension and continuation of suspension, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the learned inquiry officer to conclude the inquiry as expeditiously as possible, preferably within three (03) months. It is needless to mention that the petitioners will cooperate and submit all the relevant documents, during the inquiry. SRS,J W.P.No.12371 of 2025 Both parties shall place the order passed by this Court, before the learned inquiry officer and shall cooperate with the inquiry. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 06.05.2025 TVN SRS,J W.P.No.12371 of 2025 101 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.12371 OF 2025 Date : 06.05.2025 TVN