APHC010637732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32964/2025 Between: 1. MALI MAHAMMAD SHAFI, S/O. MALI OSMAN MIAH, AGED ABOUT 62 YEARS, OCC. RETD., EMPLOYEE, R/O.D.NO.8-109-10, NEAR SHIVARAM TALKIES, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P. 2. SHAIK HUSSAIN BASHA,, S/O. SHAIK JAKEER HUSSAIN, AGED ABOUT 31 YEARS, OCC. BUSINESS, R/O.D.NO.7/307, LAI MASJID STREET, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, IMDAD GHAR, OPP. K.R. MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. THE INSPECTOR AUDITOR WAQFS, NANDYAL DISTRICT. 4. HAKEEM MOHAMMED NUSRATH HUSSAIN, S/O. HAKEEM FIDA HUSSAIN, AGED ABOUT 42 YEARS, OCC. MUTAWALLI, R/O.D.NO.9/61, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P. 2 ...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 impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2nd Respondent appointing the 4th Respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lai Masjid situated at Banaganapalle Village and Mandal, Nandyal District for a period of two (2) years is being illegal, arbitrary, unconstitutional and in violation of provisions of the Waqf Act and the rules made therein and pass IA NO: 1 OF 2025 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 of the impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2nd Respondent appointing the 4th respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lai Masjid situated at Banaganapalle Village and Mandal, Nandyal District for a period of two (2) years 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 pleased to grant leave to the petitioners herein to file the reply affidavit to the counter affidavit filed by the Respondent No.4 and pass Counsel for the Petitioner(S): 1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. PULIPATI RADHIKA 3. SHAIK KHAJA BASHA The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32964 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2nd Respondent appointing the 4th Respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lal Masjid situated at Banaganapalle Village and Mandal, Nandyal District, for a period of two (2) years is being illegal, arbitrary, unconstitutional and in violation of provisions of the Waqf Act and the rules made therein and pass such other order or orders…” 2. The writ petition is filed questioning the proceedings dated 08.10.2025, in appointing the 4th respondent as temporary mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (hereinafter for short ‘the Act’) by the 2nd respondent-Wakf Board. 3. Heard learned counsel for the petitioners, Sri Shaik Khaja Basha, learned Standing Counsel for respondent Nos.2 and 3 and Ms.P.Radhika, learned counsel for respondent No.4. 4. Learned counsel for the petitioners submits that it would suffice to permit the petitioners to file an application under Section 70 of the Act and the same may be addressed by the Board under Section 71 of the Act. 5. Learned counsel for respondents does not refute the said submission. 4 6. Therefore, with the consent of both the learned counsel for petitioners as well as learned counsel for respondents, the present Writ Petition is disposed of directing the petitioners to file an application under Section 70 of the Act to the 2nd respondent, raising all grounds including legal grounds, within a period of two weeks from the date of receipt of a copy of this order. Upon filing such application, the 2nd respondent is directed to examine the same, after issuing notice to all the affected parties, address all the contentions raised by the petitioners as envisaged under Section 71 of the Act, and communicate the decision to the petitioners within a period of four (04) weeks from the date of filing of the application. 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: 10.03.2026 KBN 5 95 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32964 of 2025 Date: 10.03.2026 KBN