APHC010378022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19630/2024 Between: 1. ABDUL KALEEM, S/O.ABDUL RAHEEM, AGED ABOUT 49 YEARS, R/O.D.NO.38-3-6, MASJID STREET, MARRIPALEM VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR WAQF COMPLEX, OPP HEAD POST OFFICE, NEAR KALESWARAO MARKET, VIJAYAWADA, KRISHNA DISTRICT. 3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD, 4TH FLOOR, IMDADGHAR WAQF COMPLEX, OPP HEAD POST OFFICE, NEAR KALESWARAO MARKET, VIJAYAWADA, KRISHNA DISTRICT. 4. THE INSPECTOR AUDITOR WAQFS, VISAKAPATNAM DISTRICT. 5. THE MANAGING COMMITTEE, REP.BY ITS SECRETARY, MASJID E ALFATHA MARRIPALEM, VISAKHAPATNAM. 6. MAHOMMAD GOUSE, S/O. LATE ABDUL KHADER, D.NO.38-5-11/4, MASJID STREET, MARRIPALEM, VISAKHAPATNAM. 2 7. MOHAMMAD UMMAR, S/O. MOHAMMED ABDULLA, D.NO. 58-2- 77/3, SHYAM NAGAR COLONY, MARRIPALEM, VISAKHAPATNAM. 8. MAHABOOB SUBHANI, S/O. ABDUL KHADER LATE, D.NO.38-38- 5/1, MOHIDDIN GARDEN, MARRIPALEM, VISAKHAPATNAM. 9. TAJUDDIN BABA, S/O. KHADER MOHIDDIN, C/O. D.NO.38-5-11/4, MASJID STREET, MARRIPALEM, VISAKHAPATNAM. 10. MOHAMMAD ABDUL SUBHAN, C/O. MAHABOOB SUBHAN, D.NO.38-30-186/A MASJID STREET, MARRIPALEM, VISAKHAPATNAM. 11. MOHAMMAD GAUSH, S/O. ABDUL KHADER, D.NO.38-30-119/2, SAI NAGAR, NH-5, MARRIPALEM, VISAKHAPATNAM. 12. MOHAMMAD DASTAGIR, S/O.BHIMA SHAIK MADEENA,D.NO.38- 30-139, HUSSAIN NAGAR,MARRIPALEM, VISAKHAPATNAM. 13. MOHAMMAD GOUSE, S/O.MOHAMMAD GOUSE, C/O. D.NO.38-5- 11/4, MASJID STREET, MARRIPALEM, VISAKHAPATNAM. 14. SHAIK MADEENA, S/O. SHAIK FAREED, D.NO.38-81/4/1, SAI NAGAR, NEAR MASJID, MARRIPALEM, VISAKHAPATNAM. 15. ABDUL KHADER, S/O. S.K. MADINA, D.NO. 38-30-85/2, SAI NAGAR, LINE-9, MARRIPALEM, VISAKHAPATNAM. 16. MOHAMMAD SHAFFI, S/O. LATE SHAIK MADAR, D.NO. 38-33-7, ANDHRAKESARI NAGAR, MARRIPALEM, VISAKHAPATNAM. ...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 action of the respondent Nos.2 to 4 in not taking any action against the Respondents Nos.5 to 16 for mismanaging, and misappropriating the administration and funds of more Masjid-E-Alfatah situated in Marripalem Village, Gopalapatnam Mandal Visakhapatnam District, despite several complaints and detailed representations/notices dt 28.01.2024 and 15.07.2024, made by the petitioner and also after submission of the report dt 23.09.2023 by the 4th respondent, against the committee specifically stating, that the committee maintained the institution funds by hand and also constructing an arch illegally without obtaining any permission 3 from the concerned authorities, causing huge loss to the institution, such action is Contrary to the conditions/direct ions specified in the very constitution of the Committee vide proceedings dt 14.10.2022, and also Section 44, 46, 72, of the Waqf Act, 1995, without jurisdiction and power. Violative of Articles 14, and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently restrain the Respondent Nos 5 to 16 not to proceed with the construction of the arch, conclude the enquiry initiated vide Show Cause Notice dt 02.05.2024 expeditiously and to recollect the misappropriate and unaccounted funds from the respondent Nos 6 to 16, and pass IA NO: 1 OF 2024 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 to direct the consider the representation dt; 15.07.2024 submitted by the petitioner to the 3rd respondent and to pass necessary orders in accordance with law, pending disposal of the writ petition and pass IA NO: 2 OF 2024 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 to direct Respondent Nos: 6 to 16 not to proceed further with the construction of the arch in the Masjid premises, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. S.KAMESWARA RAO S 3. SHAIK KHAJA BASHA The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19630/2024 The Court made the following Order: The present Writ Petition is filed under article 226 of Constitution of India seeking for the following relief: “…to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondent Nos.2 to 4 in not taking any action against the Respondents Nos.5 to 16 for mismanaging and misappropriating the administration and funds of more Masjid-E-Alfatah situated in Marripalem Village Gopalapatnam Mandal Visakhapatnam District, despite several complaints and detailed representations/notices dt.28.01.2024 and 15.07.2024 made by the petitioner and also after submission of the report dt.23.09.2023 by the 4th respondent against the committee specifically stating that the committee maintained the institution funds by hand and also constructing an arch illegally without obtaining any permission from the concerned authorities causing huge loss to the institution such action is Contrary to the conditions/directions specified in the very constitution of the Committee vide proceedings dt.14.10.2022 and also Section 44, 46, 72 of the Waqf Act, 1995 without jurisdiction and power Violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law and consequently restrain the Respondent Nos.5 to 16 not to proceed with the construction of the arch conclude the enquiry initiated vide Show Cause Notice dt 02 05 2024 expeditiously and to recollect the misappropriate and unaccounted funds from the respondent Nos.6 to 16 and pass…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare and the learned Standing Counsel for the respondent Nos.2 to 5. 5 3. The short point involving in the present Writ Petition is that the committee was constituted for management to the Masjid-E-Alfatha at Marripalem Village, Gopalapatnam Mandal, Visakhapatnam District, under Section 18 of the Waqf Act, 1995 (herein after referred as ‘the Act’) was indulged in committing irregularities and illegalities and the respondent No.3 has noticed the same and issue a show cause notice, dated 02.05.2025 to the respondent Nos.6 to 16. But till date there is no action in conducting detailed enquiry to stop the illegalities including illegal constructions and misusing the funds of the institution and also other donations in the institution bank account. The action of the committee was allowed to continue by the respondent No.2 causing huge substantial loss to the Waqf institution. Hence, the present Writ Petition is filed seeking a direction to the respondents to take appropriate action against the committee constituted under Section 18 of the Act. 4. Learned Standing Counsel appearing for the respondent No.2 has placed before this Court a copy of memo, dated 06.08.2025. The memo reads as under: “With regards to the above the Executive Officer, APSWB has conducted enquiry and submitted his report vide ref.4th cited, wherein reported that during his enquiry the then managing Committee headed by Sri Mohammed Ghouse and ten (10) others had committed irregularities and violated the Waqf provisions, Act and rules there under intentionally and managed the subject institution mismanaged by them of the subject institution against the Boards 6 proceedings which is treated as disqualification Rule under 9 (6) of AP Waqfs Managing Committee (Constitution, Functions & Duties) Regulations, 2009. The entire matter was placed before the Board and the Board unanimously resolved that the report of the Executive Officer, dated 08.05.2025 has been accepted and further resolved to authorized to Inspector Auditor Waqfs, Visakhapatnam District to initiated action to conduct election by following the AP Waqfs Managing Committee (Constitution, Functions & Duties) Regulations, 2009. Accordingly, the Inspector Auditor Waqfs, Visakhapatnam District is hereby authorized to initiate action o conduct election as per G.O.Ms.No.74, dated 20.11.2009 of AP Waqfs Managing Committee (Constitution, Functions & Duties) Regulations, 2009 and to reject the earlier detailed Committee and to submit the elected panel for onward process.” 5. As the respondent No.2 has already initiated action to conduct the election for constituting a committee for management of the affairs of Masjid-E-Alfatha, nothing survives to adjudicate the present Writ Petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. _____________________________ TARLADA RAJASEKHAR RAO, J Dated: 20.01.2026 MSI 7 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19630/2024 Dated: 20.01.2026 MSI