Dismissed¶63

Shaik Syyad v. The State of Andhra Pradesh

Andhra Pradesh HC8 Jan 2025WP/3190/2023

Case brief

AI extract

What is this about?

Waqf Act 1995 Section 18; AP Waqf Managing Committee (Constitution, Functions and Duties) Regulations 2009 Rule 5; appointment of managing committee without election; Jamia Mosque and Shopping Complex, Jaggayyapeta, N.T.R. District; Andhra Pradesh State Wakf Board; writ of mandamus; Article 226; Articles 14, 19, 21; Section 151 CPC interim applications; infructuous; dismissal without costs.

What did the court decide?

Since the period of the Managing Committee had already expired during the pendency of the writ petition and no further orders were necessary for adjudicating the matter, the writ petition had become infructuous. ¶62

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

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

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WEDNESDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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j
(

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present

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO- 3190 OF 2023

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Between:

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Shaik Syyad, S/o.Jafar aged about 41 years, R/o. D.No.3-245 Cheruvu bazar, Jaggayyapeta, N.T.R. District, Andhra Pradesh521175.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Minorities Welfare (IDM) Department. Secretariat, Velagapudi. Amaravati, Guntur District.

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The Andhra Pradesh State Wakf Board, through its Chief Executive Officer, ImdadGhar Building 4*^ Floor, Vijayawada.

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The Jamia Mosque and Shopping Complex Managing Committee, • Kfy H.O President Shaik Jaleei, S/o. Shaik Saida Saheb, Nehru

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Chowk, Jaggayyapeta, N.T.R. District

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Shaik Jaleei, S/o. Shaik Saida Saheb, Presently working as President for Jamia Mosque and Shopping Complex Managing Committee Tenant of Shop No.G13, Jamia Masjid Shopping Complex, Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Ismail, S/o. Sk. Lai Ahmmad Sab, Presently working as Vice President for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Waheed, S/o. Sk. Razak Sab, Presently working as Secretary for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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4* /

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Shaik Habeeb, S/o Sk. Sattar Sab, Presently working^asTreasurer for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R District.

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Shaik Saidili, S/o. Sayad Mohammad Sab. Presently working as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Alla Bakshu, S/o. Shaik Dasagir Sab, Presently working as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Nisar, S/o. Shaik Mohiddin Sab, Presently working as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Afzal, S/o.Shaik Gouse Sab, Presently working^as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N T.R. District.

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Shaik KhazaAfzal, S/o.Shaik Mastan Sab, Presently working as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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Shaik Subhani, S/o.Shaik Dastagir Sab, Presently working as Member for Jamia Mosque and Shopping Complex Managing Committee Nehru Chowk, Jaggayyapeta, N.T.R. District.

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...RESPONDENTS

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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 action of Respondent in unilaterally allowing 3'^'^ Respondent along with 4 to 13 Respondents to form committee for managing affairs for the Jamia Mosque and Shopping Complex in Jaggayyapeta Town, N.T.R. District without conducting elections under Section 18 of Waqf Act, 1995 and Rule 5 of AP Waqf Managing Committee (Constitution, Functions and

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7 /

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Duties) Regulations, 2009 despite submission of Petitioners application dt.29.12.2020 for constituting proposed new managing^committeefor Respondent's President post is illegal, irregular, irrational, contrary to Waqf Act, 1995, AP Waqf Managing Committee (Constitution,^Functions and Duties) Regulations, 2009 and offends Article 14, 19 and 21 of Indian Constitution and in violation of principals of natural justice, and consequently direct 2^^ Respondent to conduct elections under Section 18 of Waqf Act, 1995 and Rule 5 of AP Waqf Managing^Committee (Constitution, Functions and Duties) Regulations, 2009 of Waqf Act for Jamia Mosque and Shopping Complex, Jaggayyapeta Town, N.T.R. district pending disposal of the main writ petition.

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lA NO: 1 OF 2023

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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 Fligh Court may be pleased direct 2""^ Respondent to^{conductelections} under Section 18 of Waqf Act, 1995 and Rule 5 of AP Waqf Managing Committee (Constitution, Functions and Duties) Regulations, 2009 of Waqf Act for Jamia Mosque and Shopping Complex, Jaggayyapeta Town, N.T.R. district pending disposal of the main writ petition.

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lA NO: 2 OF 2023

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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 direct 2"'^ Respondent to consider petitioners application dt.29.12.2020 submitted to 2'"'^ Respondent for appointing petitioner and along with four (04) others as Managing Committee for Jamia Mosque and Shopping Complex, Jaggayyapeta Town, N.T.R. district pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI. V.N.V.SURYA DATTU

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Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: SRI.SODUM ANVESHA Counsel for the Respondents: SRI. SHAIK KHAJA BASRA The Court made the following: ORDER.

::1::

APHC010063762023

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

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[3329]

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WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3190/2023

Between:

Shaik Syyad

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.V.N.V.SURYA DATTU

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Counsel for the Respondent(S):

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1.GP FOR SOCIAL WELFARE

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2.SODUM ANVESHA

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3.SHAIK KHAJA BASHA

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::2::

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: .?190 of 2023

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This Court made the following

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ORDER:

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The challenge In this Writ Petition is against the appointment of Managing Committee to the 3 rd Respondent institution for a period of two years for managing affairs of Jamia Mosque and Shopping Complex in Jaggayyapeta Town, N.T.R District without conducting elections U/s 18 of Waqf Act, 1995 and Rule 5 of AP Waqf Managing Committee (Constitution, Functions and Duties) Regulations . 2009. Pending Writ Petition, the period of Managing Committee is already over and no further orders are necessary for adjudicating the matter and hence the Writ Petition has become infructuous.

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Accordingly, the Writ Petition is dismissed as infructuous.

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As a sequel,- interlocutory applications if any pending, shall stand

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Sd/- P U V BHASKAR RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To,