1 APHC010479412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24848/2023 Between: 1. MULLA MAHABOOB BASHA,, S/O. LATE MULLA FAKRUDDIN, AGED ABOUT 62 YEARS, OCC- HEREDITARY MUTAWALLI OF NAIPET MOSQUE AND ASHOORKHANA, KOTHAPETA VILLAGE, GOOTY MANDAL, ANANTAPURAMU DISTRICT, R/O.D.NO.4-44, 0 C COLONY, KOTTHAPETA, ANANTAPURAMU DISTRICT, A.P. - 515 401. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS ADMINISTRATOR APPOINTED BY THE HIGH COURT OF ANDHRA PRADESH, VIJAYAWADA, 4TH AND 5TH FLOOR, IMDAD GHAR, OPP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDADGHAR WAKF COMPLEX, OPP- K R MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. THE STATION HOUSE OFFICER, GOOTY TOWN POLICE STATION, 2 GOOTY MANDAL, ANANTAPURAMU DISTRICT. 5. THE INSPECTOR AUDITOR WAQF, ANANTAPURAMU DISTRICT, OFFICE OF THE COLLECTORATE COMPOUND, ANANTAPURAMU. 6. S MAHABOOB BASHA, S/O. JAFAR HUSSAIN, AGED ABOUT 66 YEARS, OCC- FORMER SECRETARY JAMIA MASJID MANAGING COMMITTEE, GOOTY TOWN, R/O.D.NO.3/294, KAMAATAM STREET, GOOTY TOWN AND MANDAL, ANANTAPURAMU DISTRICT. 7. S SAJJAD BASHA HUSSAINI, S/O.LATE SYED MAZHER PEER HUSSAINI, AGED ABOUT 64 YEARS, OCC- MUTAWALLI OF DARGAH HAZRATH SYED SHA ALI GANJULUMRA ASRAR SUHARWARDIA (R.A.), GOOTY TOWN, R/O.D.NO.1-1116, SAHEB KATTA, GOOTY TOWN, ANANTAPURAMU DISTRICT. 8. DANDIYA MOHAMMED SHAFI, S/O. MD.RASOOL, AGED ABOUT 49 YEARS, OCC- FORMER MEMBER OF JAMIA MASJID MANAGING COMMITTEE AND PRESENTLY JOINT MUTAWALLI AND PRESIDENT OF CONSTRUCTION COMMITTEE OF JAMIA MASJID, GOOTY TOWN, R/O.D.NO.8/918/A, NEAR STATE BANK, ANANTAPURAMU ROAD, GOOTY, ANANTAPURAMU DISTRICT, A.P ...RESPONDENT(S): Counsel for the Petitioner: 1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S): 1. GP FOR HOME 2. HABEEB SHEIKH 3. MOHAMMED GAYASUDDIN 4. GP FOR SOCIAL WELFARE The Court made the following: 3 ORAL ORDER: Heard Sri S.M. Subhani, learned Counsel appearing on behalf of Sri M. Hidayathulla, learned Counsel for the Writ Petitioner, Sri P. Ajay Babu, learned Assistant Government Pleader for Home and Sri M. Sohail Shareef, learned Counsel representing Sri Shaik Khaja Basha, learned Standing Counsel for Waqf Board. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the prayer made in the present Writ Petition. Despite the fact that the Notice before admission was issued way back on 22.09.2023, the Respondent Waqf Board has not evinced any interest in filing Counter Affidavit. Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the Letter addressed by the Inspector Auditor of the Andhra Pradesh State Waqf Board (Respondent No.5) to the Station House Officer, Gooty Police Station (Respondent No.4) (Ex.P.1). 3. Having regard to the nature of the prayer made by the Writ Petitioner seeking to declare the inaction on the part of the Respondent Nos.3 & 5 in not initiating action against Respondent Nos.6 to 8, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Respondent Nos.3 & 5 to consider the Representations and objections made by the Writ Petitioner and devotees dated 06.12.2021, 08.12.2021, 14.12.2021, 11.04.2022, 09.03.2023, 06.04.2023 and 04.05.2023 and pass a Speaking Order in accordance with law and also initiate appropriate action in accordance with the contents of the Speaking Order. 4. Let the Speaking Order be passed within six weeks from today. Writ Petitioner is also given liberty to file additional Representation by incorporating the contentions/objections, material documents and also the subsequent events. The Respondent Nos.3 & 5, while considering the Representations and objections, are directed to adhere to the principles of Natural Justice by 4 providing an opportunity of hearing to the Writ Petitioner as well as Respondent Nos.6 to 8. 5. Writ Petitioner is directed to submit photocopies of the abovementioned Representations and objections, in addition to the fresh Representation, material documents, and also the subsequent events, which they desire to submit, within two weeks from today. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:15.10.2025 Vns