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2026:APHC:3096

APHC010010622026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION NO: 1274/2026

Between:

1. M ULLA HASSAIN, S/O LATE M. MAHBOOB SAHAB AGED ABOUT 65

YEARS, OCC AGRICULTURE HERIDITARY MUTAWALLI OF

MOSQUE, R/O KAMINIHAL VILLAGE, HALAHARVI MANDAL,

KURNOOL DISTRICT

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY TO GOVERNMENT MINORITIES WELFARE (IDM)

DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI AMRAVATI

GUNTUR DISTRICT.

2. T HE A P STATE WAQF BOARD, REP BY ITS CHIEF EXECUTIVE

OFFICER, 4TH FLOOR, IMDAD GHAR, OPP KALESHWAR RAO

MARKET VIJAYAWADA A.P.

3. T HE INSPECTOR AUDITOR WAQF, KURNOOL, DISTRICT, OFFICE

AT. COLLECTORATE COMPLEX, KURNOOL

...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 tomay be pleased to issue an appropriate writ, order or direction

more particularly in the nature of MANDAMUS, Declaring the action of the

2nd respondent Waqf Board in not appointing the petitioner as hereditary

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Mutawalli of the Waqf Institution namely Jamia Masjid Kaminihal, Halaharvi

Mandal, Kurnool District published in the Gazette No 18 A dated 2-5-1963 at

serial No 1598 having received enquiry report dated 10-2-2017 representation

dated 26-8-2025 as being Illegal, Arbitrary, Capricious, Malafide, amounts to

dereliction of duties, not only contrary to records but also contrary to Section

42 and 63 of Waqf Act of 1995 as amended by Act 14 of 2025 consequently

direct the 2nd respondent Waqf Board to appoint the petitioner as Mutawalli

and pass such

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

Counsel for the Petitioner:

1. M MEHDI HUSSAIN

Counsel for the Respondent(S):

1. GP FOR SOCIAL WELFARE

2. SHAIK KHAJA BASHA

The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.1274 OF 2026

ORDER:

The present Writ Petition is filed challenging the action of the 2^nd

respondent-Waqf Board in not appointing the petitioner as hereditary

Mutawalli of the Waqf Institution, namely, Jamia Masjid Kaminihal, Halaharvi

Mandal, Kurnool District, published in the Gazette No.18 A dated 02.05.1963

at serial No.1598, having received enquiry report dated 10.02.2017.

2. Sri Sk.Kaza Basha, learned Standing Counsel appearing on behalf of

Waqf Board, on instructions, submitted that petitioner herein previously filed

W.P.No.21550 of 2022 before this Court with a prayer direct the Respondent

No.1 therein to consider the petitioner for appointment as hereditary Mutawalli

to the Jamia Masjid Masque and Ashur Khana situated in Kaminahal Village

Halaharvai Mandal, Kurnool District. Suppressing the said fact, the present

writ petition has been filed.

3. At this juncture, learned counsel for petitioner appeared through online

and sought permission of this Court to withdraw the present writ petition.

4. Permission is accorded.

5. Accordingly, the present Writ Petition is dismissed as withdrawn. 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: 29.01.2026

KBN

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174

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.1274 of 2026

Date: 29.01.2026

KBN