APHC010026932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1836/2026 Between: 1. J HANEEF SHA, S/O JABBAR, AGED ABOUT 56 YEARS, PRESIDENT, SHASHA PEERAN MOSQUE COMMITTEE, P.H. ROAD, CHITTOOR TOWN, CHITTOOR DISTRICT. 2. MAYANA AFZAL KHAN,, S/O M. AJMAL KHAN, AGED ABOUT 54 YEARS. SECRETARY, SHASHA PEERAN MOSQUE COMMITTEE, P.H. ROAD, CHITTOOR TOWN, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. 2. THE A P STATE WAQF BOARD, REP. BY ITS CHAIRMAN, VIJAYAWADA, N.T.R. DISTRICT. 3. THE CHIEF EXECUTIVE OFFICER, A.P. STATE WAQF BOARD, VIJAYAWADA, N.T.R. DISTRICT. 4. THE INSPECTOR AUDITOR, A.P. STATE WAQF BOARD, CHITTOOR DISTRICT. RESPONDENTS ...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 of Mandamus or any other appropriate Writ, Order or 2 Direction, declaring the proceedings of the 3rd respondent vide F.No.02/CTR/K/2009/Z- IV dated 24.07.2025, insofar as it renews the Managing Committee of Shah Shah Peeran Mosque, Chittoor for a period of six (6) months, as illegal, arbitrary, ultra vires, violative of Rule 11 of the Andhra PradeshWakfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009 and contrary to Section 18 of the Wakf Act, 1995, and consequently set aside the same and Direct the respondents to renew the Managing Committee of Shah Shah Peeran Mosque, Chittoor, for a statutory tenure not less than one (1) year and not exceeding three (3) years, strictly in accordance with Section 18 of the Wakf Act, 1995 read with Rule 11 of the Andhra Wakfs Managing Committee Regulations, 2009 or Pass 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 and effect of the impugned proceedings of the 3nd respondent vide F.No.02/CTR/K/2009/Z-IV dated 24.07.2025, insofar as it restricts the tenure of the Managing Committee to six (6) months and to permit the petitioners to continue as President and Members of the Managing Committee of Shah Shah Peeran Mosque, Chittoor, to manage the day-to- day affairs of the Waqf institution, pending disposal of the writ petition or Pass Counsel for the Petitioner(S): 1. Mohammed Shafi Counsel for the Respondent(S): 1. Mohammed Shafi Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1836 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 of Mandamus or any other appropriate Writ, Order or Direction, declaring the proceedings of the 3rd respondent vide F.No.02/CTR/K/2009/Z-IV dated 24.07.2025, insofar as it renews the Managing Committee of Shah Shah Peeran Mosque, Chittoor for a period of six (6) months, as illegal, arbitrary, ultravires, violative of Rule 11 of the Andhra Pradesh Wakfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009 and contrary to Section 18 of the Wakf Act, 1995, and consequently set aside the same and direct the respondents to renew the Managing Committee of Shah Shah Peeran Mosque, Chittoor, for a statutory tenure not less than one (1) year and not exceeding three (3) years, strictly in accordance with Section 18 of the Wakf Act, 1995 read with Rule 11 of the Andhra Wakfs Managing Committee Regulations, 2009 or pass such other order or orders…” 2. The present writ petition is filed seeking to direct the respondents to renew the Managing Committee of Shah Shah Peeran Mosque, Chittoor, for a statutory tenure of not less than one year and not exceeding three years, strictly in accordance with Section 18 of the Wakf Act, 1995, (hereinafter for short „the Act‟), read with Rule 11 of the Andhra Pradesh Wakfs Managing Committee (Constitutions, Functions and Duties) Regulations, 2009 (hereinafter referred as „Regulations‟). 3. Heard Sri Mohammed Shafi, learned counsel for petitioners and learned Standing Counsel for respondent Nos.2 to 4. 4 4. The respondent No.3-The Chief Executive Officer, Andhra Pradesh State Waqf Board, Vijayawada, appointed the Managing Committee of the Shah Shah Peeran Mosque, Chittoor, under Section 18 of Act r/w Rule 11 of the Regulations vide proceedings in F.No.02/K/CTR/2009, dated 18.04.2022, for a period of three years, which expired on 17.04.2025. Prior to expiry of three years, the petitioners herein filed an application/representation on 24.12.2024 seeking renewal of the managing committee. As the respondents did not consider the representation, the petitioners constrained to file W.P.No.7665 of 2025. A learned Single Judge of this Court disposed of the writ petition on 27.03.2025, directing the 3rd respondent to pass appropriate orders in terms of Section 18 of the Act r/w Rule 22 of Regulations, within a period of four weeks. For non-compliance of the said order, contempt case has been filed. After filing of the contempt case, it appears that the respondents have considered and extended the term for a period of six months from 24.07.2025, expiring on 23.01.2026. Now, the petitioners once again filed an application/representation under Section 18 of the Act r/w Rule 12 of the Regulations,2009 seeking renewal of the managing committee of the Shah Shah Peeran Mosque, Chittoor, on the ground that minimum period for renewal is one year and the 3rd respondent has granted only six months of time, which is contrary to Rule 12 of the Regulations. 5. When this Court specifically queried to the learned Standing Counsel appearing on behalf of respondent Nos.2 to 4, learned Standing Counsel 5 submitted that Rule 22 of the Regulations governs renewal. For effective disposal, Rule 22 of the Regulation reproduced hereunder: “If the Committee elected by the Members of the Wakf and recognized/approved by the Board are found functioning up to the mark and raised the income in case financial powers are delegated by the Board to such committee and there is no complaint against the Committee and no dues to the Wakf Fund to be recovered and maintaining the accounts and submitting the budget, such Committees term may be renewed from time to time. The Board may renew the term of the Committee if any Court litigation/litigations are pending, involving the property/properties.” 6. On a perusal of the above provision, there is no mandate for renewal specifically for one year, as argued by the learned counsel for the petitioners and the said argument is untenable and baseless. 7. Therefore, the respondent authorities are directed to pass appropriate orders on the petitioners‟ representation dated 30.12.2025, for subsequent renewal, keeping in view of Rule 22 of the Regulations. It is needless to say that the representation shall be disposed of within a period of two weeks from the date of receipt of a copy of the order. 8. With the above directions, the present Writ Petition is disposed of. 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: 23.01.2026 KBN 6 135 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1836 of 2026 Date: 23.01.2026 KBN