APHC010077952026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No BETWEEN: 1. SARKAIL FARHAT ALI BAIG, S/o. S M M ALI BAIG, AGED ABOUT 65 YEARS, PRESIDENT OF MASIHID MINALLAH (SHIA MASJID) NAGARAM VILLAGE MAMIDIKUDURU MANDAL DR. B R AMBEDKAR KONASEEMA DIST. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, (MINORITIES WELFARE) SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE ANDHRA PRADESH WAKF BOARD, REP BY THE CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAT BUILDING, KALESWARARAO 3. THE CHIEF EXECUTIVE OFFICER WAQA BOARD, WAQA COMPLEX, WAQA BOARD, TARAPET, KALESWARARAO MARKET, VIJAYAWADA 4. THE DISTRICT REVENUE OFFICER, DISTRICT WAQF OFFICE DR.B.RAMBEDKAR, KONASEEMA DIST, 533 201. 5. THE INSPECTOR OF WAKF BOARD, DR. B R AMBEDKAR KONASEEMA DIST., AT AMALAPURAM 533 201. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No 6974/2026 SARKAIL FARHAT ALI BAIG, S/o. S M M ALI BAIG, AGED ABOUT 65 YEARS, PRESIDENT OF MASIHID MINALLAH (SHIA MASJID) NAGARAM VILLAGE MAMIDIKUDURU MANDAL DR. B R AMBEDKAR KONASEEMA ….PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, (MINORITIES WELFARE) SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 523 238. THE ANDHRA PRADESH WAKF BOARD, REP BY THE CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAT BUILDING, KALESWARARAO MARKET, TARAPET, VIJAYAWADA THE CHIEF EXECUTIVE OFFICER WAQA BOARD, WAQA COMPLEX, WAQA BOARD, TARAPET, KALESWARARAO MARKET, VIJAYAWADA - 520 001. THE DISTRICT REVENUE OFFICER, DISTRICT WAQF OFFICE RAMBEDKAR, KONASEEMA DIST, AT AMALAPURAM THE INSPECTOR OF WAKF BOARD, DR. B R AMBEDKAR KONASEEMA DIST., AT AMALAPURAM 533 201. IN THE HIGH COURT OF ANDHRA PRADESH [3330] TUESDAY, THE SEVENTEENTH DAY OF MARCH THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO SARKAIL FARHAT ALI BAIG, S/o. S M M ALI BAIG, AGED ABOUT 65 YEARS, PRESIDENT OF MASIHID-R-NASRUL MINALLAH (SHIA MASJID) NAGARAM VILLAGE MAMIDIKUDURU MANDAL DR. B R AMBEDKAR KONASEEMA ….PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, (MINORITIES WELFARE) SECRETARIAT 523 238. THE ANDHRA PRADESH WAKF BOARD, REP BY THE CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAT BUILDING, MARKET, TARAPET, VIJAYAWADA-520 001. THE CHIEF EXECUTIVE OFFICER WAQA BOARD, WAQA COMPLEX, WAQA BOARD, TARAPET, KALESWARARAO THE DISTRICT REVENUE OFFICER, DISTRICT WAQF OFFICE MALAPURAM - THE INSPECTOR OF WAKF BOARD, DR. B R AMBEDKAR 2 6. SARKHAIL KALBI ABBAS, S/O.SK. ALI BAIG, AGED 73 YEARS, ONE OF MUTTAWALIES, R/o.2-61, MAIN ROAD, MAMIDIKUDUDRU VILLAGE AND MANDAL DR. B R AMBEDKAR KONASEEMA DIST - 533 247. ...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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ, declare the in action of the respondents in not recognising the petitioner as one of the Muthwalli for Hazarat Abdul Fazil Abbas known as ZARI, situated at Nagaram, Village Mamidikuduru (Mandal) Dr. B R Ambedkar Konaseema Dist as per registered WAKF Deed Doc. No.829 of 1953 on 05- 03-1953, Published in (A.P. Gazette (part-ll) Dt 26-11-1964 Vide Serial No 22 as illegal, arbitrary violation of principles of natural justice, against the provisions of The WAQF Act and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to recognize the petitioner as Muthawalli for the above Waqf and to pass such other order or orders. Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. SHAIK KHAJA BASHA The Court made the following: 3 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India for the following relief: …..to issue order or orders, direction or directions, Writ or Writs particularly one in the nature of Writ of Mandamus or any appropriate writ, declare the in action of the respondents in not recognizing the petitioner as one of the Muthwalli for Hazarat Abdul Fazil Abbas known as ZARI, situated at Nagaram, Village Mamidikuduru (Mandal) Dr. B R Ambedkar Konaseema Dist as per registered WAKF Deed Doc.No.829 of 1953 on 05.03.1953, Published in (A.P. Gazette (part-II) Dt. 26.11.1964 Vide Serial No.22 as illegal, arbitrary, violation of principles of natural justice, against the provisions of The WAQF Act and violative of Article 14, 19(i) g, 21 of the Constitution of India, consequently direct the respondents to recognise the petitioner as Muthawalli for the above Waqf and to pass such other order or orders…… 2. The petitioner has filed several applications on the death of his father to appoint him as hereditary Muthavalli for Hazarat Abdul Fazil Abbas known as Zari, despite the same the respondents have not considered the applications. Hence, the present writ petition is filed. 3. On perusal of the affidavit and material papers, though the petitioner has stated that he has made several applications, that the said contention is not supported by any documentary evidence filed along with the writ petition. In the absence of the same, this Court 4 cannot direct the respondent authorities to consider his case for appointment of the petitioner as Muthavalli/ Hereditary Muthavalli, under Section 42 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED). 4. Hence, the present Writ Petition is disposed of directing the petitioner herein to submit an application to the 2nd respondent-The Andhra Pradesh Waqf Board, addressing the Board to appoint the petitioner as Muthavalli/ Hereditary Muthavalli, within a period of two weeks from the date of receipt of a copy of the order, on filing of such application, the 2nd respondent- The Andhra Pradesh Waqf Board is directed to address the same and pass appropriate orders in accordance with law and communicate the decision to the petitioner herein within a period of six weeks from the date of filing of application. There shall be no order as to costs. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.03.2026 Harin 5 107 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 6974 OF 2026 Date: 17-03-2026 Harin