APHC010242532020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 15944/2020 Between: D MD ASHFAQ, S/O. LATE MOHD. ANWAR BASHA AGE. 46, R/O H. NO. 18-71- A, MAIN ROAD, OPP H.P. PETROL BUNK GUNTAKA, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, OFFICE AT SECRETARIAT AMARAVATI, GUNTUR DIS. A.P. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPT. OFFICE AT SECRETARIAT AMARAVATI, GUNTUR DIST. A.P. 3. THE DIRECTOR GENERAL POLICE, AP STATE , MANGALAGIRI, GUNTUR, AP -522 502 4. THE ADDL DIRECTOR GENERAL OF POLICE, CB CID. AP DGP HEAD QUARTERS, FIRST FLOOR, MANGALAGIRI, GUNTUR URBAN DISTRICT, AP - 522 503 5. THE SPECIAL OFFICER, ANDHRA PRADESH STATE WAKF BOARD, IMDAD GHAR 4TH FLOOR VIJAYAWADA. 6. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, IMDAD GHAR 4TH FLOOR VIJAYAWADA. 7. P GHOUSE MODDIN, S/O NOT KNOWN AGED 45 YEARS, OCC. 2 Dr. YLR, J W.P.No.15944 of 2020 Dated 12.02.2026 EMPLOYEE, A.P.STATE WAKF BOARD, OFF.EMDAD GHAR, NEAR RAILWAY STATION, VIJAYAWADA, A.P. 8. A QUDDUS, S/O NOT KNOWN AGED 55 YEARS, OCC. EMPLOYEE, , VIJAYAWADA, A.P.STATE WAKF BOARD, OFF.EMDAD GHAR, NEAR RAILWAY STATION ...RESPONDENT(S): Counsel for the Petitioner: SHAFATH AHMED KHAN Counsel for the Respondent(S): 1. GP FOR HOME 2. SHAIK KARIMULLAH (SC FOR WAKF BOARD RAYALASEEMA) 3. SHAIK KHAJA BASHA The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ order or direction more particularly a writ in the nature of writ of Mandamus direction for the inaction of the Respondents 1 to 6 to investigate as per the provisions of Criminal Procedure Code and initiate appropriate action under the provisions of Indian Penal Code on the Complaint dated 10/12/2019 of the Petitioner against the Respondents 7 and 8 for series of offences committed by the Respondents 7 and 8 in the misappropriation of huge funds of the Dargah Hazrath Shah Ali Akber Mastan Vali Dargah of Guntakal Town of Anantapur Dist as arbitrary illegal in violation of the Provisions of the Cr PC IPC Waqf Act 1995 and the Rules 2000 and any other law for the time being enforce Article 14 of the Constitution of India and principles of natural Justice and consequently to direct the Respondents 1 to 6 to investigate under the provisions of Criminal Procedure Code and initiate appropriate action as the Provisions of Indian Penal Code the Complaint dated 10/12/2019 of the Petitioner against the Respondents 7 and 8 for series of offences committed by them in misappropriation of huge funds of the Dargah Hazrath Shah Ali Akber Mastan Vali Dargah of Guntakal Town of Anantapur Dist in the interest of justice and pass…” 3 Dr. YLR, J W.P.No.15944 of 2020 Dated 12.02.2026 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader, and the learned counsel for respondent No.2. 3. Mr. Shafath Ahmed Khan, learned counsel for the petitioner, submits that respondent Nos.1 to 6 have not been investigating the matter in accordance with the provisions of ‘the Cr.P.C.,’ and have failed to initiate proper action on the complaint dated 10.12.2019 filed by the petitioner against respondent Nos.7 and 8 for a series of offences allegedly committed by them, including misappropriation of huge funds of Dargah Hazrath Shah Ali Akber @ Mastan Vali Dargah, Guntakal Town, Anantapur District. 4. Mr. P. Ajay Babu, learned Assistant Government Pleader, specifically points out that the Investigating Officer or the Station House Officer of the concerned Police Station has not been arrayed as a party. It is not known as to whom the petitioner has submitted the complaint dated 10.12.2019. 5. The learned counsel for the petitioner submits that on 10.12.2019, the petitioner submitted a representation to respondent Nos.1 to 5 and that the grievance of the petitioner is that the said representation was not considered by the authorities. Certain documents have been filed to show that the representation was successfully delivered to respondent Nos.1 to 5. 6. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing respondent Nos.1 to 5 to dispose of the 4 Dr. YLR, J W.P.No.15944 of 2020 Dated 12.02.2026 representation of the petitioner dated 10.12.2019 in accordance with law. The learned Assistant Government Pleader submits that such belated complaint or representation may not be readily available with respondent Nos.1 to 5 and, therefore, urges this Court to direct the petitioner to submit a representation afresh. 7. In that view of the matter, the petitioner is permitted to submit the representation dated 10.12.2019 afresh to respondent Nos.1 to 5. Upon such submission, the said representation shall be disposed of within a reasonable time, preferably within two (02) months, in accordance with law and on its own merits. 8. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 12.02.2026 RSI 5 Dr. YLR, J W.P.No.15944 of 2020 Dated 12.02.2026 56 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.15944 of 2020 Date: 12.02.2026 RSI