APHC010433622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 22151 OF 2025 Between: 1. Hazrath Syed Shah Murthuja Khadri Dargah and Mosque, , Adoni, Rep. by its President M. Abdur Rahman. S/o. Late M. Habibur Rahman, aged 60 years, R/o. H.No. 10/372, Fatheh Darwaza Road, Adoni, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Minorities Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The A P State Waqf Board, Rep. by its Chief Executive Officer, 0pp. Head Post Office, Near Kaleswara Rao Market, Vijayawada, Krishna District. 3. The District Collector, Kurnool District, Collectorate Complex, Kurnool 4. The District Minority Welfare Officer, , Kurnool District, Collectorate Complex, Kurnool. 5. The Tahsildar, Adoni Mandal, Court Complex, Adoni, Kurnool 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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, directing the 1st and 2nd respondents to forthwith cause an SRK, J W.P.No.22151 of 2025 2 enquiry by calling for the Report from the Respondents No. 3 and 4 and to issue Gazette Notification, notifying and recognizing the petitioner- Dargah and Masjid namely, Hazrath Syed Shah Murthuja Khadri Dargah and Mosque, as wakf property, situated in Sy.No.293/17, in an extent of Ac. 1-37 cents, at Adoni Town, Kurnool District, and to incorporate mutate in all Revenue records by considering the representations made by the petitioner-Committee dated 23-04-2023 and 13-04-2023 with reference to various proceedings, notifications, documentary evidence and Farman, as per law, in the interest of justice. Counsel for the Petitioner: M RAMALINGESWARA REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: SHAIK KHAJA BASHA SRK, J W.P.No.22151 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed questioning the action of the respondents in not notifying and recognizing the petitioner - Dargah and Masjid namely Hazrath Syed Shah Murthuja Khadri Dargah and Mosque as waqf property, situated in an extent of Ac.1.37 cents in Survey No.293/17 of Adoni Town, Kurnool District and to incorporate/mutate in all the revenue records by considering the representations made by the petitioner-Committee dated 23.04.2023 and 13.04.2023. 2. Petitioner is a centuries old Dargah, existed even prior to 1796 i.e., dated 11th Jamadi Us Sani 1211 Hijri (11.12.1796). Petitioner – Dargah and Masjid was being maintained by one Peer Mohammad Khateeb from 1211 Hijri (from the year 1796) under the rule of Shujahul Mulq and under the seal of Ameen Khan Mohammad Bahadur, the Nizam. Thereafter, the said Dargah was maintained from 05.12.1881 under the control of British Government, the Madras Presidency. After independence, the petitioner – Dargah was being maintained by 1st respondent by providing all financial assistances. Present committee of the petitioner-Dargah is supervising its day to day affairs by raising funds from local philanthropists and also contributions made by the community elders and the committee members as there was no financial support by the Government. The grievance of the petitioner is that they made representations to respondent authorities on 23.04.2023 and 13.04.2023 to notify the petitioner- Dagah as waqf property in the official Gazette and to incorporate the same in all the revenue records. But, till date, no orders have been passed on the said representations. SRK, J W.P.No.22151 of 2025 4 3. Heard learned counsel for the petitioner and learned Standing Counsel for 2nd respondent – Waqf Board. 4. Learned Standing Counsel for 2nd respondent - Waqf Board submits that the representation that has been made by the petitioner is not in accordance with law and, in view of the amendment made to the Waqf Act in the month of February, 2025, the representation of the petitioner, which was made in the year 2023, cannot be considered at this stage. 5. Be that as it may, since no orders have been passed on the representation made by the petitioner so far, 1st respondent is hereby directed to pass appropriate orders thereon, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:25.09.2025 Nsr SRK, J W.P.No.22151 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.22151 of 2025 Date:25.09.2025 Nsr SRK, J W.P.No.22151 of 2025 6 4. Learned Standing Counsel for 2nd respondent - Waqf Board submits that the representation that has been made by the petitioner is not in accordance with law. He further submits that an amendment was made to the Waqf Act in the month of February, 2025 and since the representation made by the petitioner was much earlier to the said amendment i.e., in the year 2023, the respondents have not passed any orders on the said representation.