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 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 Hereditary Mutawalli of Waqf Institution Mosque situated at Podili Village and published in the Gazette dated 2-5-1963 representation dated 9-1-2018, and 31 -5-2022 Capricious, Malafide, Contrary to Section 42 and amended by Act 14 of 2025, as namely Big and Small Mandal, Prakasam District at serial No 230 having received as being Illegal, Arbitraiy, 63 of Waqf Act of 1995 as amounts to dereliction of duties, consequently direct the 2nd respondent Waqf Board to appoint the petitioner as Hereditary Mutawalli of Big and Small Mosque, situated at Podili Village and Mandal, Prakasam District 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 please to grant Interim Directions directing the respondent No 2 Waqf Board to appoint the petitioner as Mutawalli for the Waqf Institution namely Big and Small Mosque for the Waqf Institution namely Big and Small Mosque situated at Podili Village and Mandal, Prakasam District published in the Gazette dated 2-5-1963 at serial No 230 and pass

The Court made the following:

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent Waqf Board in not appointing the petitioner as Hereditary Mutawalli of Waqf Institution namely Big and Small Mosque situated at Podili Village and Mandal, Prakasam District published in the Gazette dated 02.05.1963 at serial No. 230 having received representations dated 09.01.2018 and 31.05.2022 as being Illegal, Arbitrary, Capricious, Malafide, Contrary to Section 42 and 63 of Waqf Act, 1995 as amended by Act 14 of 2025, amounts to dereliction of duties, consequently direct the 2nd respondent Waqf Board to appoint the petitioner as Hereditary Mutawalli of Big and Small Mosque, situated at Podili Village and Mandal, Prakasam District and pass such other order.”

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent No.2.

Learned counsel for the petitioner submits that the petitioner submitted his applications seeking to appoint himself as Mutawalli in respect of Big and Small Mosque situated at Podili Village and Mandal. The said representations were acknowledged by respondent No.2. Even though, the petitioner is eligible and his representations were duly received by respondent no.2, but so far for the reasons best known to respondent No.2, the representations of the petitioner were neither considered and appointed himself as Mutawalli nor replied informing that the petitioner is not eligible and somebody is appointed. Hence, the Writ Petition.

On the other hand, learned Standing Counsel for respondent No.2 furnished written instructions, wherein it is stated as under:

“It is to submit that the W.P.No.25823 of 2016 is pending before the Hon’ble High Court of AP with regard the management. Further the applicant has not submitted documentary evidence i.e., death and family member certificates of Gazette notified Mutawalli for claiming as hereditary Mutawalliship of the subject institution in place his grandfather.

Hence, the above entire matter shall be placed before the Board for taking further course of action in the matter as per the Waqf Act & Law as per the AP Waqf Rules, 2023.”

Learned Standing Counsel for respondent No.2 submits that in view of the statement made by respondent No.2 in the written instructions, the claim of the petitioner would be consi