APHC010597142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31154/2025 Between:

1. S HABBER KHAN, S/O SHUKUR KHAN, AGED 40 YEARS, OCC BUSINESS, R/O DOOR NO 1-37-191, HUDCO COLONY, RIMS HOSPITAL ROAD, BALAGA, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT AP SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

2. A NDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR, WAQF COMPLEX, OPP HEAD POST OFFICE VIJAYAWADA, NTR DISTRICT, (ERSTWHILE KRISHNA DISTRICT), PIN - 520001.

3. T HE INSPECTOR AUDITOR WAQFS, AP STATE WAQF BOARD, JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT

4. D ISTRICT REVENUE OFFICER, SRIKAKULAM, COLLECTORATE, SRIKAKULAM DISTRICT.

5. M ANAGING COMMITTEE OF JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, REP BY ITS PRESIDENT SHEIK NIZAMUDDIN, S/O SHEIK GOUSEUDDIN, AGED ABOUT 55 YEARS, OFFICE ADDRESS AT JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.19.12.2025 IN I.A.NO.02 OF 2025 ...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 toPleased to issue a writ, order or direction nature of WRIT OF MANDAMUS this Honble Court may be more particularly one in the declaring the action of the 3rd respondent in not allowing the petitioner to construct temporary godown/bakery shop with tin roofing shed i feet in T.S.No.110 situated in an extent of 1475 square on the first floor of Jamia Mosque Shopping compiex at GT Road in Srikakuiam Town of Srikakuiam District bought the petitioner is having valid iease agreement and the lease period is subsisting till 6- February 2026 and interfering with the above said lease premises by restraining the petitioner as illegal, arbitrary, violative of The Waqf Properties and offends Articles 14, 19 to do bakery business. Lease Rules 2014 and 21 of Constitution of India and consequently direct the respondents not to interfere in constructing roofing shed in an extent oftemporary godown/bakery shop with tin 1 1475 square feet in T.S.No.110 situated on the first floor of Jamia Mosque Shopping Complex at GT Road in Srikakuiam Town of Srikakuiam District by the petitioner in the said lease premises and such other orders 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 direct the respondents not to interfere in constructing temporary godown/bakery shop with tin roofing shed in an extent of 1475 square feet in T.S.N0.IIO situated on the first floor of Jamia Mosque Shopping Complex at GT Road in Srikakulam Town of Srikakulam District by the petitioner in the said lease premises, pending disposal of the main writ petition and pass IA NO: 2 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 may be pleased to permit me to implead the party/proposed 5th respondent in WP No. 31154 of 2025 and pending miscellaneous petition therein, in the interest of justice and pass Counsel for the Petitioner:

1. SRINIVAS AMBATI Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR SOCIAL WELFARE

3. SHAIK KHAJA BASHA The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31154 OF 2025

ORDER:

After arguing for sometime, learned counsel for the petitioner sought permission of this Court to withdraw the writ petition and requested that the petitioner be permitted the petitioner to file an application to the Waqf Board for allotment of the place under Rule 4 of the Waqf