APHC010019172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1512/2026 Between: 1. T ABDUL KAREEM, S/O. LATE T. KHASIM SAB, OCC KAREEM CONSTRUCTION MATERIAL SHOP, SHOP NO. 13, R/O.D.NO. 1/936, 0PP. MAHARSHI SCHOOL, NEAR N.T.R. CIRCLE, GOOTYTOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 2. ATTAR GAJINI MOHAMMED KHAN, S/O. ATTAR SARDAR KHAN, OCC GAS WELDING PAINTING SHOP, SHOP NO.9, R/O.D.NO.3/345, KAMATAM STREET, GOOTYTOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 3. 3. MOHAMMED ABDUL KHADIR, S/O. M. ABDUL JABBAR, OCC MOHAMMAD LAYTH WELDING SHOP, SHOP NO.LL 12, R/O.D.NO.9/59, NEAR Z.P.G.H. SCHOOL, GOOTYTOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 4. HAKIM MOMIN MOHAMMED AZHAR, S/O. H.M.M.D. ASIF BASHA, OCC INTERNET CENTRE, R/O.D.NO.5/178-A, H.M. STREET, GOOTY TOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 5. DUDEKULA SHAIKSHA VALI, S/O. DUDEKULA KAMAL SAB, OCC TWO WHEELER MECHANIC SHOP, SHOP NO.6, R/O.D.NO. 1/378, C.P.I. COLONY, GOOTYTOWN 8I MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 2 6. DUDEKULA DAOOD BASHA,, S/O. DUDEKULA KAMAL SAB, OCC SERVICING CENTRE, SHOP NO.7, R/O.D.NO.1/378, C.P.I. COLONY, GOOTYTOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 7. SYED AFZAL BASHA, S/O. S. PEER, BASHA, OCC AUTO ELECTRICIAN, SHOP NO.3, R/O.D.NO.1/1120, JHENDA STREET, GOOTY TOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 8. 8. DUDEKULA MAHABOOB BASHA, S/O. DUDEKULA NADIPI DASTAGIRI, OCC AUTO MECHANIC, SHOP NO.L, R/O.D.NO.9/1018, GOOTY TOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 9. 9. SYED JEELAN BASHA, S/O. S. SHAFI, OCC ELECTRICAL IRON BOX SHOP, SHOP.NO.5, R/O.D.NO.1/393, B.C. COLONY, BESINAPALLI VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 402. 10. 10. BALAGOLLA NAGARAJU, S/O. GOLLA VENKATARAMUDU, OCCVASUDHA FUNCTION HALL, R/O. GOOTY MUNICIPALITY, GOOTY R.S. VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 11. 11. KATTA VENKATA SHIVA SHESHA RAO, S/O. LATE K. SRIRAMULU, OCC NALLABANDALA SHOP, R/O.D.NO.5-374, GOOTY R.S. VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 12. SHAIK IBRAHIM, S/O. SHAIK FAKRU MOHIDDIN, OCC KOVITE ENGINEERING WORK, R/O.D.NO.6/177, NESE STREET, GOOTY TOWN MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515 401. 13.. 13. AMUDALA RAMESH, S/O. AMUDALA VENKATARAMUDU, OCCCEMENT BRICK SHOP, R/O.D.NO.2, O.C. COLONY, UBICHERLA VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH 14. VEERAPURAM YESU VARAPRASAD, S/O. V. SHAMEL, OCC TEA 3 SHOP, R/O.D.NO. 1/298, BASINAPALLE VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. 15. NEELAM ADI NARAYANA, S/O. NEELAM OBULESU, OCC BRICKS WORK, R/O.D.NO.5-724-B, VANKAGADDA STREET, GOOTY R.S., GOOTY MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDAD GHAR, OPP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAKF BOARD, 5TH IMDAD GHAR, OPP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. THE INSPECTOR AUDITOR WAQFS, ANANTAPUR DISTRICT. ...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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned show cause notices vide F.N0.O2/PROT/ATP/2OI6 dt.26.11.2025 issued by the 3rd respondent to the petitioners under Section 54 (1) of UWMEED Act, 1995 as Amended by the Waqf Act, 2025 terming them as encroachers and thereby threatening with coercive action is being illegal, arbitrary, unwarranted, capricious, unconstitutional, without authority and jurisdiction, in violation of provisions of Wakf Act and Rules made there under and Article 14 21 of Constitution of India and consequentially direct the respondents more particularly the respondent nos.2 to 4 not the evict the petitioners from their respective business premises attached to the Waqf institution namely Goreela Mosque situated at Gooty Town and Mandal, Anantapur District without following the due process of law and pass 4 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 pleased to suspend the operation of the impugned show cause notices vide F.No.02/PROT/ATP/2016 dt.26.11.2025 issued to the petitioners by the 3rd respondent and pass Counsel for the Petitioner(S): 1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1512 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned show cause notices vide F.No.02/PROT/ATP/2016 dt.26.11.2025 issued by the 3rd respondent to the petitioners under Section 54 (1) of UWMEED Act, 1995 as Amended by the Waqf Act, 2025 terming them as encroachers and thereby threatening with coercive action is being illegal, arbitrary, unwarranted, capricious, unconstitutional, without authority and jurisdiction, in violation of provisions of Wakf Act and Rules made thereunder and Article 14 & 21 of Constitution of India and consequentially direct the respondents more particularly the respondent nos.2 to 4 not the evict the petitioners from their respective business premises attached to the Waqf institution namely Goreela Mosque situated at Gooty Town and Mandal, Anantapur District, without following the due process of law and pass such other order or orders…= 2. Impugning the notice dated 26.11.2025 issued under Section 54 (1) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf Act, 2025, (hereinafter for short the 8Act9), the present writ petition has been filed. 3. The Chief Executive Officer-3rd respondent issued the show-cause notice, dated 26.11.2026, under Section 54(1) of the Act, calling for explanation from the petitioners to show cause as to why necessary action under the provisions of the Act should not be initiated for encroaching the subject property of the institution i.e., Goreela Mosque situated at Gooty 6 Village & Mandal, Anantapur District. The notice further indicates that if no reply is received within fifteen days, it would be construed that the petitioners have no explanation to offer and further necessary action would be initiated against the petitioners as per law, for which the petitioners will be held responsible for costs and consequences thereof. The said notice is impugned in present writ petition on the ground that the 3rd respondent is not competent authority to issue show cause notice under Section 54 of the Act and that the Wakf Board is the competent authority to issue such notice. 4. Heard Sri Masalegar Hidayathulla, learned counsel for petitioners and learned Standing Counsel for respondent Nos.2 to 4. 5. Learned counsel for the petitioners argues that the impugned show cause notice issued under Section 54 of the Act is invalid, arguing that the Waqf Board is the competent authority and not the Chief Executive Officer. The learned counsel further submits that amended Waqf Act 1995 has not been notified by the State of Andhra Pradesh. As such, no notice can be issued under the amended provisions of the Waqf Act, 1995. Hence, prayed to set aside the impugned proceedings. 6. Learned Standing Counsel for respondent Nos.2 to 4 submits that the petitioners are encroachers and that no Mutawalli has been appointed for the Waqf institution, known as Goreela Mosque. Learned counsel further submits that execution of the lease deed by the Mutawalli in favour of the petitioners is not valid and is a fabricated document and that there is no hereditary 7 Mutawalli for the said institution. Thus, the petitioners are characterized as encroachers under Section 3(ee) of the Act. Hence, prayed to dismiss the writ petition. 7. In view of the submissions made by learned counsel for petitioners and learned counsel for respondents, without going into merits of the case, the present Writ Petition is disposed of with following directions: (I) The petitioners are permitted to submit their explanation within a period of three (03) weeks from the date of receipt of a copy of this order and shall be at liberty to raise all grounds in the explanation. (II) On receipt of the explanation, the 3rd respondent is directed to address all the contentions raised by the petitioners and communicate the decision to the petitioners. (III) If at all the Board found that the petitioners are encroachers, they are at liberty to proceed in accordance with law. (IV) Till such time, the respondents are directed not to take any coercive steps against the petitioners. (V) 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: 28.01.2026 KBN 8 52 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1512 of 2026 Date: 28.01.2026 KBN