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2026 Supreme(Online)(AP) 17112
APHC010127302026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 6867/2026
Between:
1. S HAIK GHOUSE BASHA, S/O LATE SHAIK SILAR AGED ABOUT 53 YEARS, OCC BUSINESS, MUTAWALLI, OF JAMIA MASJID SULLURPET MANDAL, ERST WHILE NELLORE DISTRICT NOW IN TIRUPATI DISTRICT, R/O DOOR NO 7/293, MOSQUE STREET RAGHAVAIAH PETA, SULLURPETA TOWN TIRUPATI DISTRICT ...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO MINORITIES WELFARE DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI AMRAVATI GUNTUR DISTRICT.
2. THE ANDHRA PRADESH WAQF BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER 4TH FLOOR, IMDAD GHAR, NEAR KALESHWAR RAO MARKET, VIJAYAWADA A.P.
3. THE INSPECTOR AUDITOR WAQF, TIRUPATI DISTRICT OFFICE AT COLLECTORATE COMPLEX, TIRUPATI
4. SHAIK ALI, S/O LATE SHAIK RASHEED AGED ABOUT 35 YEARS, OCC POSTAL EMPLOYEE R/O C3 BLOCK N-SF-1 KEERTHI ENCLAVE KOTAPOLUR CROSS ROAD SULLURPET, TIRUPATI DISTRICT -524121
5. SHAIK SHAKEER, S/O AMEER AGED ABOUT 28 YEARS, OCC PVT EMPLYEE, R/O C3 BLOCK N-SF-1 KEERTH ENCLAVE CROSS ROAD SULLURPET, TIRUPATI DISTRICT - 524121
6. AKUTOTA RAMESH, S/O LATE RANGAIAH AGED ABOUT 58 YEARS, OCC REAL ESTATE BUSINESS, R/O YMRC CLUB, HANUMAN STREET, SULLURPET, TIRUPATI DISTRICT - 524121
7. CH SRINATH, S/O LATE CH. SRINIVASULU AGED ABOUT 45 YEARS, OCC REPORTER OF N3 NEWS C/O SRINIVASA DIGITAL STUDIOS, KACHRI STREET SULLURPET, TIRUPATI DISTRICT -524121
8. SD DASTAGIR, S/O LATE SD. GANG MIRZA SAHEB AGED ABOUT66 YEARS, OCC PVT AUTO DRIVER OLD STATE BANK ROAD, ATHRIYA STREET, SULLURPET TIRUPATI DISTRICT
9. SD KALESHA, S/O SD. LATE GANG MIRZA SAHEB AGED ABOUT64 YEARS, OCC BUS DRIVER, OLD STATE BANK ROAD, ATHRIYA STREET, SULLURPET, TIRUPATI DISTRICT
10. S K RAOOF, S/O SK. SHUKUR SAHEB AGED ABOUT 68 YEARS, OCC PVT. WORK, R/O NETAJI STREET, RAGHVAIAH PETA SULLURPET, TIRUPATI DISTRICT ...RESPONDENT(S):
Counsel for the Petitioner:
1. M MEHDI HUSSAIN
Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE
2. SHAIK KHAJA BASHA
___________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 16.03.2026
CMK
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 an appropriate writ, order or direction more particularly in the nature of MANDAMUS Declaring the action of the respondents 2 and 3 more particularly respondent No 3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondents 4 to 10 based upon a Viral News on Face Book dt 7-2-2026 over the Waqf Institution namely Jamia Masjid situated at .Sullurpeta Village and Mandal, now Tirupati District, erstwhile Nellore District without following the due process of law as being Illegal, Arbitrary, Capricious, Malafide, not only Violative of Principles of Natural Justice but also Violative of Articles 14, 21 and 26 of constitution of India 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 please to grant interim directions directing the respondents 2 and 3 not to interfere with affairs, management of the petitioner for the Waqf Institution namely Jamia Masjid, Sullurpet Village and Mandal, Tirupati District published in the Gazette 2-5-1963 at serial No 254 and pass
The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.6867 OF 2026
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…”
“issue an appropriate writ, order or direction more particularly in the nature of MANDAMUS Declaring the action of the respondents 2 and 3 more particularly respondent No 3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondents 4 to 10 based upon a Viral News on Face Book dt 7-2-2026 over the Waqf Institution namely Jamia Masjid situated at .Sullurpeta Village and Mandal, now Tirupati District, erstwhile Nellore District without following the due process of law as being Illegal, Arbitrary, Capricious, Malafide, not only Violative of Principles of Natural Justice but also Violative of Articles 14, 21 and 26 of constitution of India and pass”
“…”
The Writ Petition is filed to declare the action of the respondent Nos. 2 & 3 more particularly respondent No.3 and his subordinates, in interfering with the religious rituals, affairs of Masjid, and its daily management at the behest of respondent Nos.4 to 10 based upon a viral News on Face Book dated 07.02.2026 over the Waqf Institution namely Jamia Masjid situated at Sullurupeta Village and Mandal, erstwhile Nellore District without following due process of law as being illegal, arbitrary and Capricious.
On perusal of affidavit filed in support of the Writ Petition, it appears that the father of the petitioner’s grandfather gifted land to an extent of Ac.0.34 cents to Masjid, petitioner herein also made an application/representation on 16.03.2025 to appoint him as Mutawalliship for registration of additional gifted property, which is pending before the Waqf Board. The Waqf Board conducted enquiries through Inspector Auditor by issuing a Memo dated 17.05.2019 who conducted local and spot enquiry and submitted reports on three occasions that is on 02.11.2019, 29.03.2019 and also called for particulars, documents from the petitioner, for which the petitioner submitted all the particulars to the Board, since then the matter is pending for consideration in the Waqf Board. Hence the Writ Petition is filed.
It is further stated that the respondent Nos. 4 to 10 without any manner of right over the Masjid, creating problems, hurdles, harassing and interfering with the management of the local people, on one occasion when the petitioner was installing the C.C.Tv Cameras, a theft of wire was made on 19.03.2025 and police authoriti
