APHC010003532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 347 OF 2026 Between: 1. SGN HAFEEZ PASHA, Hereditary Sajjadanasheen cum Mutawalli, aged 47 years, Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e-Rasool and Masjid, A.S. Peta SPSR Nellore District. 524304. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Minorities Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 522241. 2. The Andhra Pradesh State Waqf Board, Rep.by its Chief Executive Officer, Imdad Ghar Waqf Complex, Vijayawada, Krishna District. 520001. 3. Dargah Syed Shah Haji Khawaja, Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S. Peta SPSR Nellore District. 524304 ...Respondents Counsel for the Petitioner: M/S BHARADWAJ ASSOCIATES Counsel for the Respondents: GP FOR SOCIAL WELFARE 2 The Court made the following ORAL ORDER: Heard Sri Vedula Venkataramana, learned Senior Counsel appearing on behalf of M/s Bharadwaj Associates, for the Writ Petitioner, Sri U. Kanaka Raju, learned Government Pleader for Respondent No.1 and Sri P. Veera Reddy, learned Senior Counsel, assisted by Sri Shaik Khaja Basha, learned Standing Counsel for Wakf Board for the Respondent No.2. 2. The Writ Petitioner has challenged the Show Cause Notice issued by the A.P State Waqf Board (Respondent No.2) dated 24.12.2025 (Ex.P.1). 3. Sri Vedula Venkataramana, learned Senior Counsel appearing on behalf of M/s Bharadwaj Associates, for the Writ Petitioner, has taken this Court to the contents of the Show Cause Notice, particularly, Para Nos.7 & 8 of the Impugned Show Cause Notice dated 24.12.2025. He would submit that the Respondents have sought an Explanation within 15 days, without proposing the action that is likely to be taken in the event that the Respondents are not satisfied with the Explanation that would be submitted by the Writ Petitioner. He would submit that, since the proposed action has not been indicated in the Show Cause Notice, the Writ Petitioner apprehends that he will be removed from the office of Sajjadanasheen abruptly and without giving him reasonable opportunity to respond on the proposed adverse action, if any. 4. Having considered the submission of the learned Senior Counsel, this Court has noticed in Para Nos.7 & 8 of the impugned Proceeding dated 24.12.2025 that the Respondents have not proposed any particular action. 5. Sri P. Veera Reddy, learned Senior Counsel, assisted by Sri Shaik Khaja Basha, learned Standing Counsel for Wakf Board for the Respondent No.2 has taken this Court through the Scheme that is framed by the High Court of Judicature at Madras dated 25.04.1918 in Appeal No.200 of 1917. He has also taken this court through the recent Order which is passed by the Principal Senior Civil Judge, Nellore dated 06.01.2017 in I.A.No.661 of 2016 in 3 O.S.No.50 of 1913. It is noticed that I.A.No.661 of 2016 has been filed by the Waqf Board and the Writ Petitioner herein is arrayed as Respondent No.3. Learned Senior Counsel has drawn the attention of this Court to the findings rendered by the Principal Senior Civil Judge, Nellore. One of the finding is that A.P State Wafq Board shall have the general supervisory power like administration/‘Court’. The said Order would also indicate that the Respondent No.3 therein (Writ Petitioner herein) shall become Mutawalli who was already officiating as Sajjadanasheen. 6. This Court has perused the contents of the Show Cause Notice. Having perused the same, at this stage, this Court is not inclined to comment about the correctness or otherwise of the allegations made against the Writ Petitioner in the Show Cause Notice. 7. Having regard to these facts, this Court deems it appropriate to dispose of this Writ Petition with the following directions: i. The Respondent No.2 is directed to pass a ‘Speaking Order’ in accordance with law objectively after considering the Explanation submitted by the Writ Petitioner and communicate the same to the Writ Petitioner forthwith. Needless to state that the Respondents are obligated to adhere to the Principles of Natural Justice by giving reasonable opportunity of hearing, if requested by the Writ Petitioner and also consider such material/documents that may be submitted by the Writ Petitioner along with the Explanation. ii. In the event the ‘Speaking Order’ proposes any adverse action against the Writ Petitioner, the Respondents would be required to specifically state the proposed action and give reasonable opportunity to the Writ Petitioner to respond in writing which shall be at least two weeks. iii. After considering the response of the Writ Petitioner in writing to the proposed adverse action, the Respondent No.2 would be 4 required to pass the Final Order and communicate the same to the Writ Petitioner forthwith. iv. Writ Petitioner is directed to submit the written Explanation to the Impugned Show Cause Notice on or before 15.01.2026. 8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 05.01.2026 Note: Issue C.C by 06.01.2026 B/O : JKS 5 53 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 347 OF 2026 05.01.2026 JKS