IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5550 OF AMARAVATI Between: 1. Stok Mohammed, S/o. Late Shaik Lai Ahmed Saheb, Aged about 52 2. Shaik Ibrahim, S/o. Late Shaik Lai Ahmed Saheb, Aged about 49 Tkilpab Pedda Peeria Chavadi Street, years Tirupati, ...PETITIONERS AND ^ ■ Inri loriti Secretary, Minority and Social Welfare Department, Secretariat, Amaravathi. Board, Rep by its Chef Executive Officer, 4‘^ and District°^’ Waqf Complex, K. R. Market, Vijayawada,Krishna A.P.State Waquf Board, 4*' and Floor, Imdadghar, Waqf Complex, K. R. Market, Vijayawada, Krishna District. Auditor, District Waqf Office, Collectorate, Tirupati ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith praying that in the High Court may be pleased to issue a writ, order or direction more particularly one nature of a Writ of Mandamus declaring the action of the Respondents i - not considering and passing appropriate orders on Petitioners Representation dt. 24.12.2024 Seeking to appoint Petitioners Shaik Mohammed and Shaik Ibrahim in the in as hereditary Muthavallis of Masjid-e- J Qadeem, Tirupati situated at D.No. 290, Pedda PeerlaChavadi Street, Tirupati, Tirupati Districtduly considering the report of 4TH Respondent dt. V “31.10.2023 as arbitrary, illegal and also against Principles of Natural Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider the Petitioners Application dt. 24.12.2024 pending disposal of the Writ Petition. Counsel for the Petitioners : SRI O. UDAYA KUMAR Counsel for the Respondent No.1 : GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 to 4 : SRI SHAIK KHAJA BASHA, SC FOR WAQF BOARD The Court at the stage of admission made the following: ORDER APHC010089242025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE SUBBA WRIT PETITION NO- 5550/20?.^ 050 0^S PRADESH [3331] REDDY SATTI Between: 1.SHAIK MOHAMMED, S/0 LATE SHAIK ABOUT 52 YEARS, 2.SHAIK IBRAHIM, S/0 LATE ABOUT 49 YEARS. LAI AHMED SAHEB, AGED SHAIK LAI AHMED SAHEB AGED ...PETITIONER(S) AND I.THE state of ap, rep by its principal minority and social welfare AMARAVATHI. SECRETARY, DEPARTMENT, SECRETARIAT, 2.THE A P STATE WAQUF BOARD, REP BY ITS CHEF EXECUTIVF OFFICER, 4TH AND 6TH FLOOR, IMDADGHAR, WAQF COMPLEX • MARKET, VIJAYAWADA,KRISHNA DISTRICT. OFFICER, A.P.STATE WAQUF BOARD IMDADGHAR, WAQF COMPLEX K r’ market, VIJAYAWADA,KRISHNA DISTRICT 4.THE 4TH INSPECOTR AUDITOR, COLLECTORATE, TIRUPATI DISTRICT. DISTRICT WAQF OFFICE, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India prayinq that in the olea'lert"^^ stated in the affidavit fiied therewith, the High Court pleased to issue a writ, order or direction may be more particularly one in the nature SRS,J W.P.No.5550 of 2025 of a Writ of Mandamus declaring the action of the Respondents in not considering and passing appropriate orders on Petitioners Representation dt. 24.12.2024 Seeking to appoint Petitioners Shaik Mohammed and Shaik Ibrahim as hereditary Muthavallisof Masjid-e-Qadeem, Tirupati situated at D.No. 290, Pedda PeerlaChavadi Street, Tirupati, Tirupati Districtduly considering the report of 4TH Respondent dt. 31.10.2023 as arbitrary, illegal and also against Principles of Natural Justiceand pass 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 High Court may be pleased to direct the Respondents to consider the Petitioners Application dt. 24.12.2024 pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1.0 UDAYA KUMAR Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE 2.SHAIKKHAJA BASHA The Court made the following: :: ORDER:: The above writ petition is filed to declare the action of respondents 2 & 3 in not considering the representation made by the petitioners dated 24.12.2024 (Ex.P1), for appointment of petitioners as hereditary Muthavalli, as illegal and arbitrary. Heard Sri O. Uday Kumar, learned counsel for the petitioner and Sri Sk. Khaza Basha, learned Standing Counsel appeared for respondents 2 to 4. 2. 3. In the affidavit, it was pleaded that the petitioners are sons of late Janab Shaik Lai Ahmed Saheb, who served as hereditary Muthavalli of Masjid-e- <5 SRS,J W.P.No.5550 of 2025 Qadeem, Tirupati, until his demise on 14.12.2024. Thereafter, the petitioners made representation dated 24.12.2024 (Ex.PI), for appointment of petitioners as hereditary Muthavalli. However, the same was not considered. Hence, the writ petition. At the hearing, learned counsel for the petitioner would confine his arguments and urge to direct the respondents 2 & 3 to consider the representation made by the petitioners and pass appropriate orders. 4. Learned Standing Counsel appearing for respondents, while not refuting the submission made by learned counsel for the petitioners, would submit that the representation will be considered as per law. 5. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.VenkateshV 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondents 2 & 3 to consider the representation made by the petitioners vide Ex.PI and pass appropriate orders, strictly as per the Rules, by issuing notice to all the interested parties, within three (03) months. No order as to costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. P U V.BHASKAR RAO ^ ASsisTANT REGISTRAR (2019) 8 SCALE 5^ //TRUE COPY// 0 SECTION OFFICER To, 1 The Principal Secretary, Minority and Social Welfare Department, State ‘ of Andhra Pradesh, Secretariat, Amaravathi. Rth 2 TheChef Executive Officer, A.P.StateWaquf Board 4 and 6 Floor ■ Imdadghar, Waqf Complex, K. R. Market 3. The Chief Executive Officer, A.P.State Waquf Board, 4 Krishna Di^r^t. and 5 Boor Imdadghar, Waqf Complex, K. R. Market, Vijayawada Krishna District. Inspector Auditor, District Waqf Office, Collectorate, Tirupati 4. The District. rrM=)i iz-i 5 One CC to Sri O. Udaya Kumar, Advocate [OPUC] 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 7. One CC to 8. Three C.D. Copies. Sri Shaik Khaja Basha, SC for Waqf Board (OPUC) Cnr HIGH COURT DATED:07/03/2025 ORDER WP.No.5550 of 2025 0 2 APR 2025 * ^ Curreni aeciion DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS