Sk Firoz Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sk Firoz Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the learned standing counsel for the 5th respondent (A.P. State Wakf Board) that, if the completed constructions are found illegal and contrary to law, the Board shall initiate appropriate action in accordance with law pursuant to the petitioner's representations; no costs; pending interlocutory applications closed.

Issue for consideration

Whether the inaction of respondents 1 to 4 in not obstructing constructions on Ac.12.79 cents of land notified as Wakf property (Sy. Nos. 1154/1, 154/3 and 1156, Kolar Panchayat, Kovur Mandal, SPSR Nellore District), raised without permission of the A.P. State Wakf Board despite the petitioner's repeated representations, is illegal, irregular and arbitrary.

Court's answer

Since the entire constructions stood completed during the pendency of the writ petition, the Court directed (through the learned standing counsel for the 5th respondent, the A.P. State Wakf Board) that if the constructions are found to be illegal and contrary to law, the 5th respondent shall initiate appropriate action in accordance with law pursuant to the representations submitted by the petitioner.

Ratio / Principle

With the above direction, the writ petition is disposed of, with no costs.

Detailed headnote1 paragraphs

Writ Petition No. 1008 of 2020 (under Article 226, Constitution of India) filed by the Mutahawalli of Takiya Sunni (Hazarath Sayed Imam-E-Hussain Ashoor Khana) sought a mandamus against respondents 1 to 4 (State of A.P. (Panchayat Raj and Rural Development), District Collector, Nellore, Kovur Gram Panchayat and Tahsildar, Kovur Mandal) for failing to obstruct constructions over Ac.12.79 cents (Sy. Nos. 1154/1 – Ac.10.12 cents, Sy. No. 154/3 – Ac.2.50 cents, Sy. No. 1156 – Ac.0.17 cents) of land notified as Wakf property at Kolar Panchayat, Kovur Mandal, SPSR Nellore District, raised without permission of the A.P. State Wakf Board despite repeated representations; relief invoked the Wakf Act and Articles 14 and 21. By the time of hearing the entire constructions were complete. The Court disposed of the petition directing that if the constructions are found illegal and contrary to law, the Wakf Board shall initiate appropriate action in accordance with law pursuant to the petitioner's representations. No costs; pending interlocutory applications closed.

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APHC010006252020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 1008/2020

Between:

SK FIROZ, S/O SK NAZEER BASHA, AGED ABOUT 36 YEARS, OCC MUTAHAWALLI OF TAKIYA SUNNI ALSO KNOWN AS HAZARATH SAYED IMAM-E-HUSSAIN ASHOOR KHANA R/O 4-1-314, NETHAJI NAGAR, CHINNA PADUGU PADU, KOVUR MANDAL, SPSR NELLORE DISTRICT.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEPARTMENT, REP. BY ITS PRL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT.

KOVUR GRAM PANCHAYAT, KOVUR MANDAL, SPSR NELLORE DISTRICT REP BY ITS PANCHAYAT SECRETARY

THE TAHSILDAR, KOVUR MANDAL, SPSR NELLORE DISTRICT.

THE AP STATE WAKF BOARD, TRANSIT OFFICE VIJAYAWADA REP. BY ITS SECRETARY

SK SHAMEEM, S/O SK KHAJAVALLI AGED ABOUT 35 YEARS, R/O NETAJI NAGARCHINNAPADUGU PADU, KOVUR MANDAL, SPSR NELLORE DISTRACT

SK KHAJAVALI, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 55 YEARS, R/O NETAJI NAGAR, CHINNAPADUGU PADU, KOVUR MANDAL, SPSR NELLORE DISTRICT.

...RESPONDENT(S):

This Court made the following ORDER :-

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1. This writ petition is filed under Article 226 of the Constitution of

India seeking the following relief:

“ to issue a writ, order or direction more partictlarly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not obstructing the illegal constructions in Sy. No 1154/1 to an extent of Ac.10.12 cents, Sy.no 154/3 to an extent of Ac.2.50 cents, Sy.no 1156 to an extent of Ac 0.17 cents in total an extent of Ac 12.79 cents which are notified as Wakf land situated at Kolar Panchayat and Kovur Mandal, SPSR Nellore District, in spite of repeated representations submitted by petitioner is illegal, irregular, arbitrary and violative of provisions of Wakf Act and offends Art, 14 and 21 of Constitution of India and consequently direct the respondents 1 to 4 not to interfere with the peaceful possession and enjoyment of the subject land without prior permission of the 5th Respondent

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The case of the petitioner is that the action of the respondent Nos. 1 to 4 in not obstructing the illegal constructions in Sy. No. 1154/1 to an extent of Ac.10.12 cents, Sy. No. 154/3 to an extent of Ac.2.50 cents, and Sy. No. 1156 to an extent of Ac.0.17 cents, totaling to an extent of Ac.12.79 cents made without obtaining any permission from the 5th respondent, i.e., the A.P. State Wakf Board, despite the land being notified as Wakf property situated in Kolar Panchayat,

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Kovur Mandal, SPSR Nellore District, and despite repeated representations submitted by the petitioner is arbitrary and illegal.

Pending the writ petition, the entire constructions were completed.

In view of the same, the writ petition is disposed of with a direction to the learned standing counsel appearing for the 5^th respondent that, if the constructions are found to be illegal and contrary to law, the 5th respondent shall initiate appropriate action in accordance with law pursuant to the representations submitted by the petitioner.

With the above direction, the writ petition is disposed of. No costs.

As a sequel, interlocutory applications if any pending, shall stand closed.

_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

17.07.2025 klk

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226

THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA

WRIT PETITION NO.1008 of 2020

17.07.2025 klk