1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2661 OF 2025 Between: The Managing Committee Nikwadi Masji, Represented by its Treasurer Sri K. Bahseer Ahmed s/o K. Hussain Sahab aged about 65 years, Occ: Retd Govt. Employee, r/o H. No 17/220-2 Kondapeta, Banaganapally, Nandayal District. ...PETITIONER AND 1. The State of A.P, rep by its Principal Secretary to Government, Minorities Welfare (IDM) Department, A.P. Secretariat at Velagapudi Amaravati, Guntur District 2. The A.P. State Waqf Board, rep by its Chief Executive Officer, 4*^ Floor, Imdad Ghar, Opp Kaleshwar Rao Market, Vijayawada A.P. 3. Sri Akbar Hussain Naik, S/o late Yaseen Naik, Aged about 76 years, ’ Occ: Retd. Conductor APSRTC r/o H. No. 17/143, Naik Street, Kondapet Banaganapally, Nandayal District ...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 Directions more particularly one in the nature of MANDAMUS Declaring the inaction on the part of the 2^^^ respondent Waqf Board in renewing / constitution of the managing committee having received the representation cum Panel dated 7-10-2024 in respect of the Waqf Institution namely Naikwadi Masjid situated at Banaganapalle Town, erstwhile Kurnool District now Nandayal l( % f t District published in the Gazette No dated 2-5-1963 at serial No 1708 as being Illegal, Arbitrary, Capricious, Malafide, Contrary to Section 18 of Waqf Act as well as The AP Managing Committees (Constitution, Functions and duties) Regulations 2009, amounts to dereliction duties. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to grant interim directions directing the 2nd respondent either to renew or reconstitute the petitioners managing committee as per the Panel cum representation dated 07-10-2024 in respect of the Waqf Institution namely Naikwadi Masjid situated at Banaganapalle Town, erstwhile Kumool District now Nandayal District published in the Gazette No dated 2-5-1963 at serial No 1708 in the interest of Justice. Counsel for the Petitioner: SRI M. MEHDI HUSSAIN Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2: SRI SHAIK KHAJA BASHA, SC FOR APSWB Counsel for the Respondent No.3:— The Court made the following: ORDER APHC010045902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:*E [3329] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2661/2025 Between: The Managing Committee Nikwadi Masji ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M MEHDI HUSSAIN Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2661/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the 2”"^ respondent Waqf Board in renewing/ constitution of the managing committee having received the representation-cum-Panel dated 07.10.2024 in respect of the Waqf Institution namely Naikwadi Masjid situated at Banaganapalle Town erstwhile Kurnool District Nandayal District published in the Gazette dated 02.05.1963 at serial No.1708 as being illegal, arbitrary, capricious, Malafide, Contrary to Section 18 of Waqf Act as well as the A.P. Managing Committees (Constitution, Functions and Duties) Regulations, 2009 amounts to dereliction duties and pass such other order. now 2. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. the 3. Learned counsel for the petitioner submits that the petitioner committee was constituted vide proceedings dated 14.10.2022 for a period of two years and its term came to end by 14.10.2024. Before expiry of the term of the petitioner managing committee, the president of the petitioner committee made a representation dated 07.10.2024 to the 2"'^ respondent requesting to constitute a fresh managing committee or renew the existing committee for further period by changing the members if necessary. 3 Inspite of receipt of the said representation, the respondents did not take any further action till date. Hence, the present Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents submits that the Waqf Board is the competent authority to consider the representation/claim of the petitioner. As such the representation dated 07.10.2024 of the petitioner would be placed before the 2"^^ respondent Board for consideration. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view, the present Writ Petition can be disposed of directing the 2 nd respondent Board to consider the representation dated 07.10.2024 of the petitioner and pass appropriate orders within a period of two(2) months from the date of receipt of copy of this Crder. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SD/- K. TATA RAO DEPUTY REGiaXRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Minorities Welfare (IDM) Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi Amravati Guntur District 2. The Chief Executive Officer, A.P. State Waqf Board ,4*'" Floor, Imdad Ghar, Opp Kaleshwar Rao Market Vijayawada A.P. f 3. One CC to Sri M. Mehdi Hussain, Advocate [OPUC] 4. One CC to Sri Shaik Khaja Basha, SC for APSWB[OPUC] 5. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb \ HIGH COURT DATED;04/02/2025 ORDER « 12 FE6 2025 ^ . Current Section PAT «ZO WP.No.2661 of 2025 Co \o DISPOSING OF THE W.P. WITHOUT COSTS