APHC010637732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32964/2025 Between:

1. M ALI MAHAMMAD SHAFI, S/O. MALI OSMAN MIAH, AGED ABOUT

62 YEARS, OCC. RETD., EMPLOYEE, R/O.D.NO.8-109-10, NEAR SHIVARAM TALKIES, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P.

2. S HAIK HUSSAIN BASHA,, S/O. SHAIK JAKEER HUSSAIN, AGED ABOUT 31 YEARS, OCC. BUSINESS, R/O.D.NO.7/307, LAI MASJID STREET, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, IMDAD GHAR, OPP. K.R.

MARKET, VIJAYAWADA, KRISHNA DISTRICT, A.P.

3. T HE INSPECTOR AUDITOR WAQFS, NANDYAL DISTRICT.

4. H AKEEM MOHAMMED NUSRATH HUSSAIN, S/O. HAKEEM FIDA HUSSAIN, AGED ABOUT 42 YEARS, OCC. MUTAWALLI, R/O.D.NO.9/61, BANAGANAPALLE TOWN AND MANDAL, NANDYAL DISTRICT, A.P.

...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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2nd Respondent appointing the 4th Respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lai Masjid situated at Banaganapalle Village and Mandal, Nandyal District for a period of two (2) years is being illegal, arbitrary, unconstitutional and in violation of provisions of the Waqf Act and the rules made therein and 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 suspend the operation of the impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2nd Respondent appointing the 4th respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lai Masjid situated at Banaganapalle Village and Mandal, Nandyal District for a period of two (2) years and pass 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 May be pleased to grant leave to the petitioners herein to file the reply affidavit to the counter affidavit filed by the Respondent No.4 and pass Counsel for the Petitioner(S):

1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S):

1. GP FOR SOCIAL WELFARE

2. PULIPATI RADHIKA

3. SHAIK KHAJA BASHA The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32964 OF 2025

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order vide F.No.32/M/KNL/2015/Z-IV-Mutawalli dated 08.10.2025 passed by the 2^nd Respondent appointing the 4^th Respondent as Mutawalli under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act) to manage the attached properties of Lal Masjid situated at Banaganapalle Village and Mandal, Nandyal District, for a period of two (2) years is being illegal, arbitrary, unconstitutional and in violation of pr