IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5248 OF ?()9R & AIM Between: Mohammed Nazeer Ahmed, S/o Late Zulekha Bee, R/o 20/930, C.A.M High School Road, Mulapeta, Nellore, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Minorities Welfare and Empowerment Department, AP Secretariat. Velagapudi, Amaravati, Guntur District 2. The A.P. State Wakf Board, Rep. by its Chief Executive Officer, Vijayawada, Transit Office at HaJ House, Hyderabad. 3. Inspector Auditor of Waqf, Nellore, SPSR Nellore District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the High Court may the circumstances stated in the affidavit filed therewith be pleased to issue a WRIT OF MANDAMUS or any other appropriate writ, order or direction deciaring the action of the respondents in not recognizing the petitioner as may be pleased to issue other appropriate writ, order a WRIT OF MANDAMUS or any direction declaring the action of the or respondents in not recognizing the petitioner as hereditary Muthawalli for Khateeb and Mouzzen services of Kaian Mosque, Fathekhanpeta, Neliore illegal, irregular as arbitrary unjustified unconstitutional unsustainable and direct the 2""' respondent to forthwith treat the as hereditary Muthawalli with due recognition of his hereditary rights. and petitioned ' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stjated in the affidavit filed in support of the petition, the High Court may be :|)leased to direct the respondents to consider the representations of the petitioner dated 12.02.2020, 20.06.2023 and 20.11.2024 respectively by duly considering as hereditary Mutawalli. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 3: SRI SHAIK KHAJA BASHA, SC FOR APSWB The Court made the following: ORDER APHC010101702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5248/2025 Between: ...PETITIONER Mohammed Nazeer Ahmed AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1 .GP FOR SOCIAL WELFARE The Court made the following ORDER: Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioner learned standing counsel appearing for and Sri Shaik Khaja Basha respondents 2 & 3. The above writ petition is filed to declare the action of respondents in hereditary Muthawalli for Khateeb and 2. not recognizing the petitioner as Mouzzen services of Kalan Mosque, as illegal and arbitrary. Learned counsel for the petitioner would submit that the petitioner’s Sulthan Saheb acted as Muthavalli in the year 1885. The 3. ancestor by name third son of late Nizam Shareef had a daughter by the name Sulthan Saheb namely Nizam Sharif acted as Muthavalli. Huassaini Begum @ Pyari 2 Begum. The petitioner’s mother is the daughter of the said Huassaini Begam @ Pyari Begum. The petitioner made representations to consider his case for Muthavalli vide Ex.P.1, however, the same did not evoke any response from the authorities. Hence, the above writ petition. Per contra, learned standing counsel would submit that the change of management was not informed to the 2"^^ respondent as mandated under Section 42 of the Wakf Act, 1995. Learned standing counsel would submit that the CEO of the 2"^^ respondent will place the representations made by the petitioner before the Wakf Board to get appropriate action. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.Venkatesh\ 4. 5. 6. Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage with the consent of learned counsel either side directing the 2"^ respondent to place the representations made by the petitioner before the Wakf Board within six weeks from today to take necessary action. Thereafter, the learned Wakf Board shall on pass necessary orders within three months strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2019) 8 SCALE 544 Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Minorities Welfare and Empowerment Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District 2. The Chief Executive Officer, A.P. State Wakf Board, Vijayawada, Transit Office at HaJ House, Hyderabad. 3. Inspector Auditor of Waqf, Nellore, SPSR Nellore District 4. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 5. One CC to Sri Shaik Khaja Basha, SC for APSWB[OPUC] 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:03/03/2025 Sf X 1 1 MAR 2025 §1 ORDER WP.No.5248 of 2025 aa CutrenI Secuon DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS