APHC010425232026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 20 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23075/2026 WRIT PETITION WRIT PETITION No.23075 of 2026 Between: 1. S G N HAFFEZ PASHA, S/O. GOUSE MOHIUDDIN, AGED ABOUT 50 YEARS. HEREDITARY SAJJADA NASHEEN DARGAH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB PEER, A.S. PETA, SPSR NELLORE 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH 2. THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR, KALESWARA RAO MARKET, VIJAYAWADA, ANDHRA PRADESH 3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH. STATE WAQF BOARD, 4TH FLOOR, IMDADGHAR, KALESWARA RAO MARKET, VIJAYAWADA, ANDHRA PRADESH 4. THE EXECUTIVE OFFICER, DARGAH HAZRATH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB, A.S. PETA, SPSR NELLORE DISTRICT, ANDHRA PRADESH W.P.Nos.23075 & 23847 of 2026 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 20th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23075/2026 along with WRIT PETITION No.23847 of 2026 No.23075 of 2026 S G N HAFFEZ PASHA, S/O. GOUSE MOHIUDDIN, AGED ABOUT 50 YEARS. HEREDITARY SAJJADA NASHEEN - CUM - MUTAWALLI, DARGAH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB PEER, A.S. PETA, SPSR NELLORE DISTRICT-524304. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH - 520003 . THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF OFFICER, 4TH FLOOR, IMDADGHAR, KALESWARA RAO MARKET, VIJAYAWADA, ANDHRA PRADESH - 520001 THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH. STATE WAQF BOARD, 4TH FLOOR, IMDADGHAR, KALESWARA RAO MARKET, VIJAYAWADA, ANDHRA PRADESH - 520001 . IVE OFFICER, DARGAH HAZRATH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB, A.S. PETA, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524304 . RC,J W.P.Nos.23075 & 23847 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI S G N HAFFEZ PASHA, S/O. GOUSE MOHIUDDIN, AGED ABOUT 50 MUTAWALLI, DARGAH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB PEER, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, SECRETARIAT, THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF OFFICER, 4TH FLOOR, IMDADGHAR, KALESWARA 520001 THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH. STATE WAQF BOARD, 4TH FLOOR, IMDADGHAR, KALESWARA RAO IVE OFFICER, DARGAH HAZRATH SYED SHAH HAJI KHAJA RAHMATHULLAH SAHEB, A.S. PETA, SPSR NELLORE RC,J W.P.Nos.23075 & 23847 of 2026 2 5. THE REVENUE DIVISIONAL OFFICER, ATMAKURU, NELLORE DISTRICT, ANDHRA PRADESH - 524322 6. THE TAHSILDAR, A.S. PETA MANDAL, NELLORE DISTRICT, ANDHRA PRADESH - 524304 . 7. THE SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER, A.S. PETA, NELLORE, ANDHRA PRADESH - 524304 8. THE DEPUTY SUPERINTENDENT OF POLICE, ATMAKURU, NELLORE DISTRICT, ANDHRA PRADESH - 524322 ...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 of Mandamus or any other appropriate writ declaring that the respondent Nos 2 to 4 do not have any jurisdiction or authority of law to entrust the performance of 253rd Urs Festival(includin g lifting of Sandal Pot), going to be performed between 21.08.2026 to 23.08.2026 (Chinna Gandham) and 08.09.2026 to 10.09.2026 (Pedda Gandham), and other attached religious duties in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S. Peta and other religious duties of Sajjadanasheen other than the petitioner, is arbitrary and illegal and Consequently direct the respondent Nos 2 to 4 to forbear from entrusting the performance of 253rd Urs Festival (including lifting of Sandal Pot), going to be performed between 21.08.2026 to 23.08.2026 (Chinna Gandham) and 08.09.2026 to 10.09.2026 (Pedda Gandham), and other attached religious duties in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S. Peta to any other person other than the petitioner, if necessary by extending police aid to the petitione 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 direct the respondents, in particular the Respondent Nos 2 to 4 from entrusting the work of performance of 253rd Urs Festival(including lifting of Sandal Pot), going to be performed between 21.08.2026 to 23.08.2026 (Chinna Gandham) and 08.09.2026 to 10.09.2026 (Pedda Gandham), and other attached religious duties in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S. Peta to any RC,J W.P.Nos.23075 & 23847 of 2026 3 other 1 individual to the exclusion of the petitioner - Sajjadanasheen pending disposal of the above writ petition IA NO: 2 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 direct the respondents, particularly the Respondent Nos: 7 & 8 to give adequate aid and protection to enable the petitioner to perform the 253rd Urs Festival(including lifting of Sandal Pot), going to be performed between 21.08.2026 to 23.08.2026 (Chinna Gandham) and 08.09.2026 to 10.09.2026 (Pedda Gandham), and other attached religious duties in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S. Peta pending disposal of the above writ petition Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE 4. SHAIK KHAJA BASHA WRIT PETITION NO: 23847/2026 Between: 1. MOHAMMED YASEEN, S/O. MOHAMMED SIDDIQ, AGED ABOUT 62 YEARS, R/O. 2-4-620/2/A, NEHRU NAGAR, VTC HIMAYATHNAGAR, KACHIGUDA, HYDERABAD, TELANGANA STATE 500027. ...PETITIONER AND 1. THE ANDHRA PRADESH STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, LMAD GHAR COMPLEX, KALESWARA RAO MARKET, VIJAYAWADA, ANDHRA PRADESH 520001. RC,J W.P.Nos.23075 & 23847 of 2026 4 2. THE EXECUTIVE OFFICER, DARGAH HAZRATH SYED SHAH HAJI KHWAJA RAHMATHULLA SAHEB @ NAYAB-E-RASOOL AND MASJID, A.S. PETA (V AND M), SPSR NELLORE DISTRICT, ANDHRA PRADESH 524304. 3. SRI S G N HAFEEZ PASHA, 7TH GENERATION HEREDITARY SAJJADANASHEEN OF DARGAH HAZRATH SYED SHAH HAJI KHWAJA RAHMATHULLA SAHEB @ NAYAB-E-RASOOL AND MASJID, A.S. PETA, SPSR NELLORE DISTRICT, ANDHRA PRADESH 524304. 4. SYED SGN FAYAZ AHMED, S/O. YOUSUF MIYA @ NAWABJAN, AGED ABOUT 45 YEARS, R/O. MAHAL STREET, A.S. PETA, SPSR NELLORE DISTRICT 524304. 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 522238. ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of Respondent No.1 in not considering the Petitioner's application dated 28.07.2026 filed under Section 70 of the Waqf Act, 1995, sent by Registered Post on 31.07.2026 bearing Postal Receipt No. EN497695613IN and duly served upon Respondent No.1, as illegal, arbitrary, unreasonable and contrary to law and further declare that Respondent No.1 has no power or jurisdiction under the Waqf Act, 1995 or the Rules made thereunder to confer, create, recognise or grant any right or authority in favour of Respondent No.4 or any other person to perform the sacred ceremony of lifting the Sandal Pot/Gandham Pot or the other religious and ceremonial duties attached to the Urs of the Subject Dargah, contrary to the established customs and traditions thereof and consequently direct Respondent No.1 to consider and dispose of the said application under Section 70 of the Waqf Act, 1995, in accordance with law, after affording reasonable opportunity to all concerned RC,J W.P.Nos.23075 & 23847 of 2026 5 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 direct the respondents to restrain Respondent Nos.1 and 2 from interfering with, obstructing, preventing or causing any impediment, in any manner whatsoever, in the performance by Respondent No.3 — Sri S.G.N. Hafeez Pasha, the 7th Generation Hereditary Sajjadanasheen of the Subject Dargah, of the sacred ceremony of lifting the Sandal Pot/Gandham Pot and the religious and ceremonial duties attached thereto, during the 253rd Urs Festival scheduled from 21.08.2026 to 23.08.2026 (Chinna Gandham) and from 08.09.2026 to 10.09.2026 (Pedda Gandham), pending disposal of the writ petition Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. SHAIK KHAJA BASHA COMMON ORDER The Writ Petition vide W.P.No.23075 of 2026 is filed seeking a direction to the respondents not to entrust the work of performance of 253rd Ursu festval-including lifting of sandal pot- going to be performed between 21.08.2026 to 23.08.2026 (Chinna Gandham) and 08.09.2026 to 10.09.2026 (Pedda Gandham), and other attached religious duties in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e-Rasool and Masjid, A.S.Peta, to any other individual to the exclusion of the petitioner- Sajjadanasheen. RC,J W.P.Nos.23075 & 23847 of 2026 6 2. The Writ Petition vide W.P.no.23847 of 2026 is filed questioning the inaction of the respondent no.1 in considering the petitioner’s application dated 28.07.2026 filed under Section 70 of the Waqf Act, making the petitioner in W.P.No.23075 of 2026 as respondent no.3. This Writ petition is filed praying the Waqf Board to direct the present Sajjadanasheen ( respondent no.3) to perform all the religious duties attached to the office of the Sajjadanasheen. 3. Since the relief sought in both the writ petitions is identical, they were heard together and are being disposed of by this common order. 4. Heard Sri Vedula Venkata Ramana, learned senior counsel, representing Sri Ravula Nagarjuna, learned counsel for petitioner in W.P.No.23075 of 2026; Sri K.Chidambaram, learned senior counsel, representing Sri Yaswanth Gade, learned counsel for petitioner in W.P.No.23847 of 2026; Sri P.Veera Reddy, learned senior counsel, representing Sri Shaik Khaja Basha, learned Standing Counsel for Waqf Board. 5. Sri Vedula Venkata Ramana, learned senior counsel, while reiterating the contents of the writ affidavit would contend that the petitioner being the Hereditary Sajjadanasheen-cum-Mutawalli of the Subject Dargah, the Waqf Board and the Executive Officer have no jurisdiction or legal authority to entrust the performance of the 253rd Urs Festival and related religious duties to anyone other than the petitioner. The learned senior counsel would further RC,J W.P.Nos.23075 & 23847 of 2026 7 contend that this Court previously granted an interim order dated 18.04.2023 in W.P. No. 9032 of 2023, restraining the Waqf Board from interfering with the petitioner’s religious duties, which remains active, but violating the orders of this Court, the respondent nos. 2 and 3 , for the past three years by issuing last-minute "time-gap" authorizations allowed an outsider (Fayaz Ahmed, non- Nakshaband family) to perform the Urs rites, preventing effective legal remedies. He would further contend that under Section 64(2) of the Waqf Act, the office of Sajjadanasheen is purely spiritual and beyond the supervisory jurisdiction or administrative interference of the Waqf Board. 6. Sri K.Chidambaram, learned senior counsel, while reiterating the contents of the writ affidavit in W.P.No.23847 of 2026 would contend that the Petitioner is a devotee and "person interested in a waqf" under Section 3(k) of the Waqf Act, 1995. The learned senior counsel would further contend that Respondent No. 3, being the 7th Generation Hereditary Sajjadanasheen, is exclusively entitled to perform sacred duties, including lifting the Sandal Pot, but Respondent No. 4 and his family have repeatedly attempted to claim rights over the ceremonial duties (e.g., O.S. No. 50/1913, I.A. No. 730/2016, CRP No. 1015/2017), all of which were rejected by civil courts, more over Criminal proceedings (CC No. 625/2023) are pending against Respondent No. 4 regarding dual identities and false claims. The learned senior counsel would further contend that Respondent No. 4 was previously allowed to lift the RC,J W.P.Nos.23075 & 23847 of 2026 8 Sandal Pots purely as a temporary/time-gap arrangement and that the Petitioner filed an application under Section 70 of the Waqf Act on 28.07.2026 (served on 31.07.2026) requesting protection of established customs, however Respondent No. 1 took no action and the petitioner reliably learnt that the authorities are not going to decide his application only with a view to appoint a person of their choice to perform the religious duties. The learned senior counsel would further contend that SGN Fayaz Ahmed (R4), who has been appointed by board as time-gap adjustment during the years 2023, 2024 and 2025 is working as Guide-cum-Receptionist as per the prayer made by the said S.G.N.Fayaz Ahmad (R4) himself in W.P.no.23470 of 2023 and hence entrustment of religious duties to an employee other than the person qualified to perform religious functions, would mar the sanctity. The learned senior counsel would further contend that as 253rd Urs Festival scheduled for Chinna Gandham (21.08.2026 to 23.08.2026) and Pedda Gandham (08.09.2026 to 10.09.2026), immediate intervention of this Court is needed. Accordingly, prayed to direct the Waqf Board to consider the application of petitioner. 7. On the other hand, Sri P.Veera Reddy, learned senior counsel, while reiterating the contents of the counter affidavit would contend that the Petitioner cannot claim exclusive right, submitting that succession is governed by custom, usage, and merit rather than strict primogeniture. The learned RC,J W.P.Nos.23075 & 23847 of 2026 9 senior counsel has drawn attention of this Court to the scheme framed in O.S. No. 50/1913 affirmed in A.S. No. 200/1917 and eight families share entitlement, and members from these families have repeatedly been permitted to lift the Sandal Pot. The learned senior counsel would further contend that the Petitioner was suspended from the office of Mutawalli on 17.02.2023 due to charges of moral turpitude, financial mismanagement, and misappropriation and the Dargah is currently under the Direct Management of the A.P. State Waqf Board and administered by a Board-appointed Executive Officer. The learned senior counsel would further contend that the Petitioner in W.P.No.23075 of 2026 is a prime accused in Crime No. 50/2023 under Sections 419, 420, 376(1), and 354-A IPC, alongside multiple provisions of the POCSO Act, 2012 , which include penetrative sexual assault on a minor and charge-sheet has been filed and the Petitioner was previously remanded to judicial custody for 26 days. The learned senior counsel would further contend that permissions granted to Respondent No. 4 (in 2023, 2024, and 2025) were specific time-gap adjustments so that sacred traditions would not lapse and all other religious duties (Chiragh, Tahleel, Fatheha) during those periods remained unhindered and were carried out by the Petitioner. The learned senior counsel would further contend that disputes over succession to a spiritual office involve complex questions of fact and custom that must be decided by a Civil Court or Waqf Tribunal, not by way of a Writ Petition under Article 226. The learned senior counsel would further contend that Section RC,J W.P.Nos.23075 & 23847 of 2026 10 64(2) acts merely as a saving clause protecting personal rights from automatic extinction upon removal as Mutawalli, but it does not grant blanket immunity or unsupervised control, nor does it oust the Waqf Board's statutory administrative power to make time-gap arrangements during a pending criminal prosecution or suspension. The learned senior counsel would further contend that Permitting Sri S.G.N. Fayaz Ahmed to lift the Sandal Pots was a bona fide, event-specific administrative arrangement, necessary to ensure uninterrupted 251-year-old sacred customs and protect public sentiments amidst the Petitioner's suspension and POCSO/rape charges. The learned senior counsel would further contend that the petitioner failed to exhaust available statutory remedies, including approaching the Waqf Tribunal under Section 83 of the Waqf Act, 1995. Accordingly, prayed to dismiss the writ petitions. 8. In reply, Sri K.Chidambaram, learned senior counsel, would contend that if involvement in criminal cases is to be treated as disqualification for performing religious duties, the person whom the waqf board had permitted to lift the sandal pots during the years 2023, 2024 and 2025 i.e. R4, since an accused in C.C.No.625 of 2023, suffers from the same inhibition. 9. Perused the material available on record and considered the submissions made by learned counsel for the parties. RC,J W.P.Nos.23075 & 23847 of 2026 11 10. The material on record shows that the petitioner was Mutawalli- cum-Sajjadanasheen of the subject Dargah. Admittedly, the petitioner was suspended from the office of Mutawalli on 17.02.2023 due to charges of moral turpitude, financial mismanagement, and misappropriation and the Dargah is currently under the Direct Management of the A.P. State Waqf Board and administered by a Board-appointed Executive Officer. 11. Although one person can hold both roles of Mutawalli and Sajjadanasheen, their core functions are legally and functionally distinct. Duties of Mutawalli are - Manage and protect the physical and financial assets of the waqf; Maintain accurate accounts, records, and budgets.; apply income from the property strictly toward the founder's charitable or religious purposes; Handle necessary property repairs and upkeep. Comply with statutory directions and audits from the Waqf Board. Whereas, duties of Sajjadanasheen are - act as the spiritual leader and successor to the shrine's master; Conduct religious, spiritual, and customary ceremonies; Oversee and guide the religious instruction of the congregation; Supervise the general management and integrity of the institution and Discharge administrative duties of a mutawalli only if formally appointed to do so. A mutawalli is the secular manager or administrative trustee of a waqf property, while a Sajjadanasheen is the spiritual head. RC,J W.P.Nos.23075 & 23847 of 2026 12 12. Section 64(2) of the Waqf Act, 1995 states that removing a person from the office of a mutawalli (manager) does not take away their personal rights in the property, such as their status as a beneficiary or their rights as a Sajjadanasheen (spiritual superior). The removal of a petitioner from the office of a Mutawalli does not incur any disqualification for discharging duties as a Sajjadanasheen. It was informed to the Court that lifting the sandal pots is a religious duty performed during the Urs festival. 13. The record and the submissions made by learned senior counsel for the parties would indicate that for the years 2023, 2024 and 2025, Sri S.G.N. Fayaz Ahmed (R4 in W.P.No.23847/2026) has been appointed to lift the Sandal Pots in Urs festival, which is a religious duty. The said S.G.N. Fayaz Ahmed, on his own proclamation in the writ petition filed by him is a guide- cum-receptionist in the subject Dargah. 14. The Waqf Board rejected the petitioner for lifting the sandal pots during the Urs festival because of a pending criminal case. However, because the chosen appointee, S.G.N. Fayaz Ahmed (R4), was also involved in a criminal case though initiated by the petitioner, disqualifying the petitioner on that ground was unjustified. 15. The Waqf Board's orders appointing S.G.N. Fayaz Ahmed(R4) lack statutory backing to appoint a third party for spiritual duties like lifting the sandal pot, because a Sajjadanasheen holds a distinct spiritual office separate RC,J W.P.Nos.23075 & 23847 of 2026 13 from a secular Mutawalli, and Section 64 does not empower the board to interfere with spiritual status. 16. The inability of the Waqf Board in putting a quietus to the litigation is giving raise to filing of number of writ petitions every year just before commencement of the Urs festival, seeking the self same relief. 17. Be that as it may, since the petitioner admittedly is a Sajjadanasheen, who performs religious duties, and lifting sandal pots is part of such religious duties, the Waqf Board, since not empowered by any specific provision of the Act, cannot appoint any person to perform such a religious duty, except the Sajjadanasheen. 18. In view of the above, the writ petitions are disposed of, permitting the petitioner in W.P.No.23075 of 2026 to lift the sandal pots during Urs festival. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 20th August, 2026 RR