APHC010127302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6867/2026 Between: 1. SHAIK GHOUSE BASHA, S/O LATE SHAIK SILAR AGED ABOUT 53 YEARS, OCC BUSINESS, MUTAWALLI, OF JAMIA MASJID SULLURPET MANDAL, ERST WHILE NELLORE DISTRICT NOW IN TIRUPATI DISTRICT, R/O DOOR NO 7/293, MOSQUE STREET RAGHAVAIAH PETA, SULLURPETA TOWN TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO MINORITIES WELFARE DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI AMRAVATI GUNTUR DISTRICT. 2. THE ANDHRA PRADESH WAQF BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER 4TH FLOOR, IMDAD GHAR, NEAR KALESHWAR RAO MARKET, VIJAYAWADA A.P. 3. THE INSPECTOR AUDITOR WAQF, TIRUPATI DISTRICT OFFICE AT COLLECTORATE COMPLEX, TIRUPATI 4. SHAIK ALI, S/O LATE SHAIK RASHEED AGED ABOUT 35 YEARS, OCC POSTAL EMPLOYEE R/O C3 BLOCK N-SF-1 KEERTHI ENCLAVE KOTAPOLUR CROSS ROAD SULLURPET, TIRUPATI DISTRICT -524121 5. SHAIK SHAKEER, S/O AMEER AGED ABOUT 28 YEARS, OCC PVT EMPLYEE, R/O C3 BLOCK N-SF-1 KEERTH ENCLAVE CROSS 2 ROAD SULLURPET, TIRUPATI DISTRICT - 524121 6. AKUTOTA RAMESH, S/O LATE RANGAIAH AGED ABOUT 58 YEARS, OCC REAL ESTATE BUSINESS, R/O YMRC CLUB, HANUMAN STREET, SULLURPET, TIRUPATI DISTRICT - 524121 7. CH SRINATH, S/O LATE CH. SRINIVASULU AGED ABOUT 45 YEARS, OCC REPORTER OF N3 NEWS C/O SRINIVASA DIGITAL STUDIOS, KACHRI STREET SULLURPET, TIRUPATI DISTRICT - 524121 8. SD DASTAGIR, S/O LATE SD. GANG MIRZA SAHEB AGED ABOUT 66 YEARS, OCC PVT AUTO DRIVER OLD STATE BANK ROAD, ATHRIYA STREET, SULLURPET TIRUPATI DISTRICT 9. SD KALESHA, S/O SD. LATE GANG MIRZA SAHEB AGED ABOUT 64 YEARS, OCC BUS DRIVER, OLD STATE BANK ROAD, ATHRIYA STREET, SULLURPET, TIRUPATI DISTRICT 10. SK RAOOF, S/O SK. SHUKUR SAHEB AGED ABOUT 68 YEARS, OCC PVT. WORK, R/O NETAJI STREET, RAGHVAIAH PETA SULLURPET, TIRUPATI 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 an appropriate writ, order or direction more particularly in the nature of MANDAMUS Declaring the action of the respondents 2 and 3 more particularly respondent No 3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondents 4 to 10 based upon a Viral News on Face Book dt 7-2-2026 over the Waqf Institution namely Jamia Masjid situated at .Sullurpeta Village and Mandal, now Tirupati District, erstwhile Nellore District without following the due process of law as being Illegal, Arbitrary, Capricious, Malafide, not only Violative of Principles of Natural Justice but also Violative of Articles 14, 21 and 26 of constitution of India and 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 may be please to grant interim directions directing the respondents 2 and 3 not to interfere with affairs, management of the petitioner for the Waqf 3 Institution namely Jamia Masjid, Sullurpet Village and Mandal, Tirupati District published in the Gazette 2-5-1963 at serial No 254 and pass 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: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.6867 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue an appropriate writ, order or direction more particularly in the nature of MANDAMUS Declaring the action of the respondents 2 and 3 more particularly respondent No 3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondents 4 to 10 based upon a Viral News on Face Book dt 7-2-2026 over the Waqf Institution namely Jamia Masjid situated at .Sullurpeta Village and Mandal, now Tirupati District, erstwhile Nellore District without following the due process of law as being Illegal, Arbitrary, Capricious, Malafide, not only Violative of Principles of Natural Justice but also Violative of Articles 14, 21 and 26 of constitution of India and pass…” 2. The Writ Petition is filed to declare the action of the respondent Nos. 2 & 3 more particularly respondent No.3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondent Nos.4 to 10 based upon a viral News on Face Book dated 07.02.2026 over the Waqf Institution namely Jamia Masjid situated at Sullurupeta Village and Mandal, erstwhile Nellore District without following due process of law as being illegal, arbitrary and Capricious. 3. On perusal of affidavit filed in support of the Writ Petition, it appears that the father of the petitioner’s grandfather gifted land to an extent of Ac.0.34 cents to Masjid, petitioner herein also made an application/representation on 16.03.2025 to appoint him as Mutawalliship for registration of additional gifted property, which is pending before the Waqf Board. The Waqf Board conducted 5 enquiries through Inspector Auditor by issuing a Memo dated 17.05.2019 who conducted local and spot enquiry and submitted reports on three occasions that is on 02.11.2019, 29.03.2019 and also called for particulars, documents from the petitioner, for which the petitioner submitted all the particulars to the Board, since then the matter is pending for consideration in the Waqf Board. Hence the Writ Petition is filed. 4. It is further stated that the respondent Nos. 4 to 10 without any manner of right over the Masjid, creating problems, hurdles, harassing and interfering with the management of the local people, on one occasion when the petitioner was installing the C.C.Tv Cameras, a theft of wire was made on 19.03.2025 and police authorities did not receive any complaint and not registered the F.I.R and did not take any action and the respondents are highly political influence, under the said influence, the Police Authorities more particularly respondent Nos. 3 to 5 are not taking any action and not receiving any representations. 5. It is further submitted that when the respondent Nos.4 to 7 are tried to interfere with the management and administration of the Waqf institution without any manner of right, the petitioner filed a Civil Suit in O.S.No.8 of 2025 before the A.P State Waqf Tribunal at Kurnool and the same is pending for trial. An unofficial respondent created trouble in the year 2025, although the matter was reported to the Police Authorities they took no action. Consequently, the petitioner filed Writ Petition No.6404 of 2025 and the said writ petition was disposed of vide order dated 13.03.2025 directing the police 6 personnel to take steps not to disturb the peaceful possession of the petitioner without following the due process of Law. Hence, the writ petition is filed to direct the respondents not to interfere in the affairs of management of the petitioner Waqf institution without following due process of law. 6. Learned Counsel appearing for the Waqf Board respondent No.2 placed written instructions submitted by the Inspector Auditor of Waqf Board, dated 13.03.2026. The said written instructions indicates that the Inspector Auditor has not interfered with the petitioner’s management affairs i.e., Jamia Masjid. 7. Accordingly, the Writ Petition is disposed of, directing the official respondents Nos.2 & 3 not to interfere with the petitioner’s possession without following the procedure established under law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 16.03.2026 CMK