HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO: 3139 OF 2023 Between:

1. MIRZA KHADAR BAIG S/o.Rusthum Baig, Muslim, aged about 60 years, Mutawalli, Asar-E-Sharif, R/o Asar-E-Shariff, Panyam Village and Mandal, Nandyal District.

...PETITIONER(S)

AND:

1. THE CENTRAL WAQF COUNCIL Rep. by its Chairperson, Ministry of Minority Affairs Government of India, Central Waqf Bhavan, P-13 and 14, Pushp Vihar, Sector-6, Saket, Opposite Family Court, New Delhi - 110 017.

2. The Andhra Pradesh State Wakf Board, Rep. by its Chairperson, 4th Floor, ImdadGharBuilding, Kaleswara Rao Market, Vijayawada -- 520

001.

3. The Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, A.P.State Wakf Board, 4th Floor, ImdadGharBuilding, Kaleswara Rao Market, Vijayawada - 520 001.

4. The Enquiry Officer, Andhra Pradesh State Wakf Board, 4th Floor, ImdadGharBuilding, Kaleswara Rao Market, Vijayawad- 520 001.

5. The Wakf Inspector, Nandyal, Nandyal District (Erstwhile Kunrool District)

...RESPONDENTS Counsel for the Petitioner(s): MD SHARFUDDIN Counsel for the Respondents: BETHAPALLI SURYANARAYANA (CENTRAL GOVT COUNSEL)

The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.3139 OF 2023

ORDER:

Heard Md. Sharfuddin, learned counsel for the petitioner, Md.

Gayasuddin, learned counsel for the respondent Nos.2 and 5 for A.P. State Wakf Board inshort APSWB, and Sri B. Surya Narayana, learned counsel for the respondent No.1.

2. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:

“This Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ declaring the action of respondents 2 to 3 in trying to reopen the duly conducted Enquiry dt 27.02.2019 or to keep in abeyance the order dt 10.05.2022 and in trying to cancel the Gazette Notification dt 09.06.2022 issued by the Government of Andhra Pradesh with regard to my appointment to the post of Mutawalli of the Asare Sharif at Panyam Village and Mandal Nandyal District State of Andhra Pradesh as arbitrary and illegal and consequently direct respondents 1 to 3 to reject the false representations any persons submitted before the 3rd respondent for the post of Mutawalli of the Asare Sharif at Panyam Village and Mandal Nandyal District State of Andhra Pradesh and not to reopen the duly conducted enquiry vide proceeding F No 03MKNL2018ZIV dated 27.02.2019 and not to cancel the Gazette Notification dt 09.06. 2022 issued by the Government of Andhra Pradesh with regard to my appointment to the post of Mutawalli of the Asare Sharif at Panyam Village and Mandal Nandyal District State of Andhra Pradesh and pass appropriate orders.”

3. Learned counsel for the petitioner submits that the petitioner was appointed as Mutawalli of Asar-e-Shareef at Panyam Village and Mandal, Nandyal District after due enquiry dated 27.02.2019 and the same was also notified in the Gazette dated 09.06.2022. On the representation of some persons, the Superintendent of APSWB has directed the Inspector Auditor Wakfs, Nandyal District to submit a detailed report regarding relationship of the applicant of the representations to the notified Mutawalli and also furnish death certificate and family member of late Doulath Baig (notified Mutawalli) issued by the Tahsildar concerned Mandal and NOC from the family member of late Doulath Baig (notified Mutawalli), so as to take further course of action in the matter. Copy of the letter of the Superintendent dated 14.09.2022 has been brought on record by filing memo dated

15.02.2023.

4. Learned counsel for the petitioner submits that no notice has been issued to the petitioner and the respondents are trying to reopen the proceedings in violation of the principles of natural justice. He further submits that if any person has a grievance with respect to the appointment of the petitioner