APHC010010622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1274/2026 Between: 1. MULLA HASSAIN, S/O LATE M. MAHBOOB SAHAB AGED ABOUT 65 YEARS, OCC AGRICULTURE HERIDITARY MUTAWALLI OF MOSQUE, R/O KAMINIHAL VILLAGE, HALAHARVI MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MINORITIES WELFARE (IDM) DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI AMRAVATI GUNTUR DISTRICT. 2. THE A P STATE WAQF BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDAD GHAR, OPP KALESHWAR RAO MARKET VIJAYAWADA A.P. 3. THE INSPECTOR AUDITOR WAQF, KURNOOL, DISTRICT, OFFICE AT. COLLECTORATE COMPLEX, KURNOOL ...RESPONDENT(S): 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 tomay be pleased to issue an appropriate writ, order or direction more particularly in the nature of MANDAMUS, Declaring the action of the 2nd respondent Waqf Board in not appointing the petitioner as hereditary 2 Mutawalli of the Waqf Institution namely Jamia Masjid Kaminihal, Halaharvi Mandal, Kurnool District published in the Gazette No 18 A dated 2-5-1963 at serial No 1598 having received enquiry report dated 10-2-2017 representation dated 26-8-2025 as being Illegal, Arbitrary, Capricious, Malafide, amounts to dereliction of duties, not only contrary to records but also contrary to Section 42 and 63 of Waqf Act of 1995 as amended by Act 14 of 2025 consequently direct the 2nd respondent Waqf Board to appoint the petitioner as Mutawalli and pass such IA NO: 1 OF 2026 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 Counsel for the Petitioner: 1. M MEHDI HUSSAIN Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. SHAIK KHAJA BASHA The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1274 OF 2026 ORDER: The present Writ Petition is filed challenging the action of the 2nd respondent-Waqf Board in not appointing the petitioner as hereditary Mutawalli of the Waqf Institution, namely, Jamia Masjid Kaminihal, Halaharvi Mandal, Kurnool District, published in the Gazette No.18 A dated 02.05.1963 at serial No.1598, having received enquiry report dated 10.02.2017. 2. Sri Sk.Kaza Basha, learned Standing Counsel appearing on behalf of Waqf Board, on instructions, submitted that petitioner herein previously filed W.P.No.21550 of 2022 before this Court with a prayer direct the Respondent No.1 therein to consider the petitioner for appointment as hereditary Mutawalli to the Jamia Masjid Masque and Ashur Khana situated in Kaminahal Village Halaharvai Mandal, Kurnool District. Suppressing the said fact, the present writ petition has been filed. 3. At this juncture, learned counsel for petitioner appeared through online and sought permission of this Court to withdraw the present writ petition. 4. Permission is accorded. 5. Accordingly, the present Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.01.2026 KBN 4 174 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1274 of 2026 Date: 29.01.2026 KBN