ORDER :

1. Heard the learned Senior Counsel Sri. V.S.R. Anjaneyulu for the petitioner, the learned Additional Advocate General for the respondents and the learned Senior Counsel Sri. P. Veera Reddy for the 2nd respondent.

2. The Writ Petition No. 26642 of 2022 is filed questioning the G.O.Ms.No. 30, Minority Welfare (IDM) Department dated 13.08.2022 issued by the 1st respondent as violative of Article 14 of the Constitution of India and the provisions of the Waqf Act, 1995 and for initiation of the Criminal Contempt proceedings against the 2nd respondent under the provisions of the Contempt of Courts Act, 1971.

3. The Writ Petition No. 24358 of 2022 is filed questioning the show cause notice issued vide Memo No. 1741160/DM/A/1/2022 dated 13.07.2022 by the 1st respondent as violative of Article 14 of the Constitution of India and the provisions of the Waqf Act, 1995 and for initiation of Criminal Contempt proceedings against the 2nd respondent under the provisions of the Contempt of Courts Act, 1971.

4. The learned Senior Counsel for the petitioner submitted that the petitioner is a practicing Advocate for the last thirty (30) years with the enrolment No. 131/AP/1991 of Andhra Pradesh Bar Council and the Computer code No. 13699 given by the Registry of the Hon’ble High Court of Andhra Pradesh. He has got good practice in different Courts apart from the High Court of Andhra Pradesh. Under section 14 of the Waqf Act, 1995, the 1st respondent constituted the Andhra Pradesh State Waqf Borad (henceforth referred as Board) vide G.O.Ms.No. 119, Muslim Welfare (IDM) Department dated 30.10.2015 with effect from 08.09.2015 pursuant to the bifurcation of the State. The respondent No. 1 reconstituted the board vide G.O.Ms.No. 10, Minority Welfare (IDM) Department dated 26.03.2018 appointing the members under section 14 (9) and 15 of the Act for a term of five (5) years from the date of notification and the term of the board was up to 26.03.2023.

5. The 2nd respondent was a member of the board under section 14 (1) (e) of the Act. While so, the 1st respondent issued show cause notice under section 99 of the Act vide Memo No. 346415/IDM/A1/2016 dated 03.07.2019 to explain as to why the board should not be superseded. Questioning the same, the petitioner and other members filed W.P.No. 8849 of 2019 to declare the said show cause notice dated 03.07.2019 as illegal. This Hon’ble Court vide common Order dated 24.01.2020 allowed the W.P.Nos. 9369, 9371, 9465 of 2019 by setting aside the G.O.Ms.No. 38 and 39 dated 15.07.2019. The respondent no. 1 reconstituted the board with nine (9) members vide G.O.Ms.No. 5 Minority Welfare (IDM) Department dated 15.02.2022 nominating the six (6) members under section 14 (9) and 21 of the Act by continuing the three (3) existing members including the petitioner. Then the 1st respondent vide Memo No. 1741160/DM/A/1/2022 dated 13.07.2022 issued show cause notice under section 20(1)(b) of the Act calling for explanation within fifteen (15) days from the date of its receipt as to why appropriate action should not be taken for allegedly acting prejudicial to the interests of “Auqaf” and if no explanation is received within the time, it will be construed that the petitioner has no explanation to offer and action would be taken in terms of the Act.

6. The relevant portion of Section 20(1)(b) of the Act reads as follows:

“20. R