Yaqub Saheb Masjid Development Committee (Reg. No. 50 Of 2021) v. The State Of Andhra Pradesh
Court: High Court of Andhra Pradesh
Bench: VENKATESWARLU NIMMAGADDA
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-01-30. Yaqub Saheb Masjid Development Committee (Reg. No. 50 Of 2021) v. The State Of Andhra Pradesh. Read...
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY TWO THOUSAND AND TWE^ PRESENT TH^HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2238 OF 2025 Between: Yaqub Saheb Masjid Development Committee (Reg. No. 50 of 2021), Rep. by its President Named Panvale Mohammad Akram, S/o. Late Panwale Yousuf, Residing at Door No. 8/145-2, Mastan Valli Street, Kadapa City and District, A. P. ... PETITIONER AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Minorities Welfare Department, Secretariat Velagapudi Amaravathi Guntur District. 2. The Andhra Pradesh State Waqf Board, Rep. by its Chief Executive Officer, 4*'' and 5^^ Floor, Imdad Ghar Waqf Complex. Kaleswara Rao Market, Vijayawada-520001, Krishna District. 3. The Chairman, The Andhra Pradesh State Waqf Board 4th and 5th Floor, Imdad Ghar Waqf Complex. Kaleswara Rao Market, Vijayawada- 520001, Krishna District. 4.
The Inspector Auditor, Waqfs A P State Waqf Board Office. Collector Office, YSR Kadapa District. ... RESPONDENTS 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 inaction of respondents No. 2 to 4 on the petitioner's application under section 65 (2) of the waqf Act, 1995 dt.
22-12-2024, submitted by petitioner by stating that the committee is always ready to obey the AP Waqfs Managing committee (constitution, function and duties) Regulation 2009 and for recognition and authorization V on the for managing the Yaqub Saheb Masjid-Kadapa, The inaction of said statute and application as illegal, irregular, arbitrary, violative offends as illegal , irregular, irrational and contrary to the waqf Act, 1995 "V; -further offends Articles 14, 19 and 21 of Constitution of India and ■, -. -5 cojisequently direct the respondents No. 2 to 4 to dispose the application made by petitioner by following the The Waqf Act, 1995 and AP Waqfs Managing committee (constitution, function and duties) Regulation. lA NO: 1 OF 2025 circumstances Petition under Section 151 CPC praying that in the stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents No.
2 to 4 to dispose off the application under section 65 (2) of the waqf Act, 1995 dt. 22-12-2024, submitted by petitioner by for recognition and authorization for managing the Yaqub Saheb Masjid-Kadapa, forthyw pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI KARIMIREDDY HEMA CHANDRA REDDY Counsel for the Respondent No. 1 : GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 to 4 : SRI SHAIK KHAJA BASHA, SC FOR WAQF BOARD The Court made the following: ORDER APHC010035622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] m (Special Original Jurisdiction) THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2238/2025 Between: 50 Of ... PETITIONER Yaqub Saheb Masjid Development Committee (reg. No. 2021) AND The State Of Andhra Pradesh and Others ... RESPONDENT(S) Counsel for the Petitioner: 1. KARIMIREDDY HEMA CHANDRA REDDY Counsel for the Respondent(S): 1.
GP FOR SOCIAL WELFARE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2238/2025 ORDER: Constitution This writ petition is filed under Article 226 of the of the India seeking the following reliefs:- lo issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent Nos. 2 to 4 on the petitioner’s application under Section 65 (2) of the Waqf Act 1995 dated 22. 12. 2024 is submitted by petitioner by stating that the committee always ready to obey the A. P. Waqfs Managing committee and for (constitution, function and duties) Regulations, 2009 recognition and authorization for managing the Yaqub as Saheb Masjid-Kadapa.
The inaction on the application and illegal, irregular, arbitrary, violative of said statute to the offends as illegal, irregular, irrational and contrary 21 of Waqf Act, 1995 further offends Articles 14, 19 and Constitution of India and consequently direct the respondent Nos. 2 to 4 to dispose the application made by petitioner by following the Waqf Act, 1995 and A. P. Waqfs Managing committee (constitution, function and duties) Regulation and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner made an application dated 22. 12. 2024 under Section 65(2) of the Waqf Act, 1995 to the respondents requesting to recognize and authorize the petitioner’s committee as a sole managing body/committee for the Yaqub Sahib Masjid and direct the previous committee to hand over all the property, records and accounts to the Ml consider the petitioner’s committee.
But the respondents did not Petition. application of the petitioner. Hence, the present Writ the 4. On the other hand, learned Standing Counsel for respondents submits that the Board is the competent authority to the consider the application of the petitioner. As such application/representation dated 22. 12. 2024 of the petitioner would be placed before the 2"^^ respondent Board for consideration. 5. Having regard to the submissions made by the learned Counsel for the counsel for the petitioner and the learned Standing respondents and on perusal of the material placed on record, this Petition can be Court is of the considered view that the present Writ nd of the 2 disposed of directing the Chief Executive Officer (CEO) of the respondent Board to place the application/representation Board for petitioner dated 22. 12. 2024 before the 2'"'^ respondent the appropriate action and to issue speaking order by considering application of the petitioner. of. 6.
With the above direction, the Writ Petition is disposed There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SD/- K kASIRAO ACHARI //TRUE COPY// ^^'STA^^EGISTRAR SECTION OFFICER To, State of 1. The Principal Secretary, Minorities Welfare Department, District. Andhra Pradesh, Secretariat Velagapudi Amaravathi Guntur 2. The Chief Executive Officer, Andhra Pradesh State Waqf Board, 4*'' and 5'*^ Floor, Imdad Ghar Waqf Complex. Kaleswara Rao Market, Vijayawada-520001, Krishna District. 3. The Chairman, The Andhra Pradesh State Waqf Board 4^^ and 5^^ Floor, Imdad Ghar Waqf Complex. Kaleswara Rao Market, Vijayawada- 520001, Krishna District. 4. The Inspector Auditor, Waqfs A P State Waqf Board Office. Collector Office, YSR Kadapa District. 5. One CC to Sri Karimireddy Hema Chandra Reddy, Advocate [OPUO 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 7.
One CC to Sri Shaik Khaja Basha, SC for Waqf Board (OPUC) 8. Three C. D. Copies. Cnr HIGH COURT DATED:30/01/2025 l\ ORDER X 12 MAR 2025 & ^ Current beciion ^ StogSPATC^ WP. No. 2238 Of 2025 DISPOSING OF THE W. P. WITHOUT COSTS
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