Disposed

Masjid E Faiz and Eidgah Welfare Society v. the State of Ap

Andhra Pradesh HC13 Nov 2024WA/641/2024

Case brief

AI extract

What is this about?

Writ appeals challenging interim orders of a learned Single Judge in pending writ petitions concerning welfare society institutions and the State Wakf Board. With consent of both sides, the Division Bench disposed of the appeals, directing parties to return to the Single Judge, with its earlier interim order remaining operative.

What the court decided

AI extract

Masjid E Faiz and Eidgah Welfare Society Vs the State of Ap — Andhra Pradesh HC (2024) — LawSathi Research

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V, “H.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ THURSDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT APPEAL NO: 641 OF 2024 ALONG WITH WRIT APPEAL NO. 756 OF 2024

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WRIT APPEAL NO: 641 OF 2024

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Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order dated 22.04.2024 passed by Learned Single Judge in W.P.No.9208 of 2024 and allow the Writ Appeal in the interest of justice and equity and to pass on the file of the High Court.

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Between:

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Masjid E Faiz and Eidgah Welfare Society, (Regd.No. 179/2021), 20713, Yanamalakiiduru Village, Penamaluru, Krishna District,Rep. by its President Chinna Babu alias Shaik Ashraf S/o. Sattar, Aged about 51 years, R/o.D.No.25-152, Ramalayam Street Yanamalakuduru, Penamaluru, Krishna District.

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JannatuI Bakhi Khabarastan Our Eidgah Welfare Society (,

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Regd.No.597/2022), 20-713, Yanamalakuduru Village, Penamaluru' Krishna District, Rep. by its President Chinna Babu aiias Shaik Ashraf, S/o. Sattar, Aged about 51 years,R/o.D.No.25-152, Ramalayam Street! Yanamalakuduru, Penamaluru, Krishna District.

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...APPELLANTS/PETITIONERS AND

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The State of AP rep. by its Principal Secretary, Minority Welfare

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Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Andhra Pradesh State Wakf Board, rep. by its^{ChiefExecutive} •• ’Officer, 4^^ and 5th floor imdad Ghar, opp. K.R. Market, Vijayawada, .‘l^rishna District, A.P.

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The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4rt and 5th floor imdad Ghar, opp. K.R. Market, Vijayawada, Krishna District, A.P.

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The Inspector Auditor Wakf, Krishna District.

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...RESPONDENTS/ RESPONDENTS

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lA NO: 2 OF 2024

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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 to suspend the operation of the Impugned Office Order vide F.N0.04/KST/C/2024 dated 04.04.2024 passed by the 3rd respondent.

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Counsel for the Appellant: SRI S M SUBHANI REPRESENTING SRI MASALEGAR HIDAYATHULLA

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Counsel for the Respondent Nos. 2 to 4: SRI P VEERA REDDY, REPRESENTING SRI SHAIK KHAJA BASHA (SC FOR AP STATE^WAKF BOARD)

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Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE

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WRIT APPEAL NO: 756 OF 2024

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Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order dated 07.08.2024 passed by Learned Single Judge in W.P.No. 17152 of 2024 in so far as directing the 4th Respondent to look after the dayto-day affairs of the subject institutions in view of the Status Order passed by this Hon’ble Court dated 22.04.2024 in W.P.No.9208 of 2024 only and allow the Writ Appeal in the interest of justice.

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Between:

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Masjid-E-Faiz and Eidgah Welfare Society, (Regd.No.179/2021), 20713, Yanamalakuduru Village, Penamaluru, Krishna District, Rep. by its President Chinna Babu alias Shaik Ashraf S/o. Sattar, Aged about 52 years, R/o.D.No.25-152, Ramalayam Street, Yanamalakuduru, Penamaluru, Krishna District.

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JannatuI Bakhi Khabarastan Our Eidgah Welfare Society, (Regd.No.597/2022), 20-713, Yanamalakuduru Village, Penamaluru, Krishna District, Rep. by its President Chinna Babu alias Shaik Ashraf, S/o. Sattar, Aged about 52 years,R/o.D.No.25-152, Ramalayam Street, Yanamalakuduru, Penamaluru, Krishna District

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...APPELLANTS/PETITIONERS..

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Minority Welfare Department, A.P. Secretariat Buildings Velagapudi, Amaravathi, Guntur District.

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The Andhra Pradesh State Wakf Board, rep. by its^{ChiefExecutive} Officer, 4th and 5th Floor, Imdad Ghar, 0pp. K.R. Market, Vijayawada, Krishna District, A.P

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The Chief Executive Officer, Andhra Pradesh State Wakf Board, 4th and 5th Floor, Imdad Ghar, 0pp. K.R. Market, Vijayawada, Krishna District, A.P.

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The Inspector Auditor Wakf, Krishna District.

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The Care Taker Committee, Jannathul Bakhi Khabrasthan, Eidgah and Masjid, Yanamalakuduru Village, Penamaluru Mandal, Krishna District, Rep. by Its President Sri Abdul Subhani, S/o. Abdul Basheer, Aged about 47 years, R/o.D.No.22-73, 6th Line, Bhagath Singh Nagar, Yanamalakuduru Village, Krishna District, Andhra Pradesh - 520007.

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...RESPONDENTS/ RESPONDENTS

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lA NO: 1 OF 2024

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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

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pleased to suspend the operation of the Interim Order^dated 07.08.2024 passed by Learned Single Judge in W.P.No17152 of 2024 in so far directing the 4^*^ Respondent to look after the day-to-day affairs of the subject institutions in view of the Status Order passed by^{thisHon’bleCourtdated} 22.04.2024 in W.P.No.9208 of 2024 only. -

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Counsel for the Appellant: SRI S M SUBHANI REPRESENTING SRI MASALEGAR HIDAYATHULLA-

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Counsel for the Respondent Nos. 2 to 4: SRI P VEERA REDDY, REPRESENTING SRI SHAIK KHAJA BASRA (SC FOR AP STATE WAKF BOARD) "

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Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.5: —

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The Court made the following: ORDER

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« > 7

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APHC010317042024 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:AT AMARAVATI 38&39 [3446]

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m WRIT APPEAL No.641 of 2024 along with WRIT APPEAL No.756 of 2024

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W.A.No.641 of 2024!-

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Masjid-E-Faiz & Eidgah Welfare Society and another

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...Appellants

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Vs.

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The State of A.P. and others

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...Respondents

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Advocate for appellants Sri S. M. Subhani, learned counsel representing Sri Masalegar Hidayathulla Advocate for respondents Sri P. Veera Reddy, learned Senior Counsel representing Sri Shaik Khaja Basha, learned Standing Counsel for A.P. State Wakf Board.

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CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO

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DATE ; 14th November 2024

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P C :

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Learned counsel for the parties are ad idem that since the main controversy is being considered by the learned single Judge in W.P. No.9208 of 2024 and the connected petition bearing W.P. No. 17152 of 2024, subject to the interim order passed by this Court on 17.10.2024 remaining in operation, the parties shall go back to the learned single Judge for adjudication of the issues in the writ petitions.

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The interim 2. The present Writ Appeals are disposed of accordingly.

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order dated 17.10.2024 shall remain in force till the^issuesare considered by the learned single Judge. No order as to costs.

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Pending miscellaneous applications, if any, shall stand^closed.

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Sd/- M. RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Minority Welfare Department,^{A.P.Secretariat} Buildings, Velagapudi, Amaravathi, Guntur District.

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The Chief Executive Officer, Andhra Pradesh State Wakf^Board,4th Krishna

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and 5th Floor, Imdad Ghar, 0pp. K.R. Market, Vijayawada, District, A.P

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The Chief Executive Officer, Andhra Pradesh State Wakf^Board, 4th and 5th Floor, Imdad Ghar, 0pp. K.R. Market, Vijayawada, Krishna District, A.P.

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The Inspector Auditor Wakf, Krishna District.

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One CC to Sri Masalegar Hidayathulla Advocate [OPUC]

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One CC to Sri Shaik Khaja Basha (SC for AP State Wakf Board) [OPUC]

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7 Two CCs to GP for Social Welfare, High Court of Andhra^Pradesh. ■ [OUT]

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Three CD Copies

HIGH COURT

DATED:14/11/2024

ORDER

WA.No.641 of 2024 along with WA.No.756 of 2024

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t?
* 0 ^ DEC 2024
^ ^ Current Section .

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DISPOSING OF THE W.A.s WITHOUT COSTS

Masjid E Faiz and Eidgah Welfare Society v. the State of Ap

Case brief

What is this about?

What the court decided

Masjid E Faiz and Eidgah Welfare Society v. the State of Ap

Case brief

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What the court decided

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