M K Mohammed Rafi Vs the State of Andhra Pradesh

M K MOHAMMED RAFI, S/O V M KADHAR HUSSAIN SAHEB, PRESIDENT OF JAMIYA AND MECCA MASJID, AGED 65 YEARS, OCC BUSINESS, R/O PALLIPATTU ROAD, NAGARI MUNICIPALITY, CHITTOOR DISTRICT.

¶14

S.G. MOHABOOB BASHA,, S/O SHAIK GOUSE MOHIDEEN, VICE PRESIDENT OF JAMIYA AND MECCA MASJID, AGED 38 YEARS, OCC BUSINESS, R/O PEERLA CHAVADI, PRAKASAM ROAD, NAGARI MUNICIPALITY, CHITTOOR DISTRICT.

¶15

...PETITIONER(S)

¶16

AND

¶17

THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, ( MINORITY WELFARE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

¶18

THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, IMDAD GHAR WAKF COMPLEX OPP. KALESWARAM MARKET, VIJAYAWADA.

¶19

THE INSPECTOR AUDITOR WAKF, O/O. DR. B.R. AMBEDKAR BHAVAN, COLLECTORATE COMPOUND, CHITTOOR DISTRICT.

¶20

MR C MAJEED, S/O LATE SILAR SAHEB, AGED 69 YEARS, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR

¶21

2

¶22

DISTRICT.

¶23

M MASTHAN, S/O LATE D MEERA SAHEB, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B) INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶24

S SALEEM, S/O LATE SULEMAN SAHEB, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶25

S RAHIM, S/O LATE MADAR SAHEB, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶26

MUSLIM AHMED BASHA, S/O LATE ABDUL RAHAMAN, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR.NAGARI, CHITTOOR DISTRICT.

¶27

S RUSSIAN, S/O LATE S KALESHA, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶28

A MOHAMMED RAFI, S/O LATE ABDULLAH BASHA, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶29

THAMEEM BASHA, S/O HIMAM, AGED ABOUT MAJOR, OCCIBUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶30

M SARTHAR, S/O LATE S.MAZID SAHIB, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-22QB), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶31

SHAIK ABDUL RAHIM, S/O S.MASTHAN BAI, AGED ABOUT MAJOR, OCC BUSINESS R/O. 303(9-220B), INDIRA NAGAR,NAGARI, CHITTOOR DISTRICT.

¶32

...RESPONDENT(S):

¶33

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 issue to the Writ order or Direction more particularly one in the nature of Writ of Mandamus by to declare the Proceedings bearing No.21/K/CTR/2016/Z-IV, dated 23-07-2025 issued by the Respondent No.2-

¶34

3

¶35

Wakf Board, by constituting a new Managing Committee for the Wakf Institution Jamiya and Mecca Masjid, Prakasam Road, Nagari Town and Mandal Chittoor District, by appointing Respondent No. 4 to 13 as executive committee members, as illegal, arbitrary apart from violative of the A.P Wakfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009 and consequently setaside the Proceedings bearing No. 21/K/CTR/2016/ZIV, dated 23-07-2025 of the Respondent No.2 and to pass

¶36

IA NO: 1 OF 2025

¶37

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 stay the Proceedings bearing No. 21/K/CTR/2016/Z-IV, dated 23-07- 2025 of the Respondent No.2, including management of the day to day affairs by the new Managing Committee for the Wakf Institution Jamiya & Mecca Masjid, Prakasam Road, Nagari Town & Mandal, Chittoor District, pending disposal of the Writ Petition pending disposal of the above writ petition and to pass

¶38

Counsel for the Petitioner(S):

¶39

1.V ROOPESH KUMAR REDDY

¶40

Counsel for the Respondent(S):

¶41

1.HABEEB SHEIKH

¶42

2.GP FOR SOCIAL WELFARE

¶43

3.SHAIK KHAJA BASHA

¶44

The Court made the following order:

¶45

Questioning the proceedings vide No.21/K/CTR/2016/Z-IV dated 23.07.2025 issued by the 2^nd respondent, Wakf Board wherein a new managing committee is constituted for the Wakf institution, Jamiya & Mecca Masjid, Prakasam road, Nagari Town & Mandal, Chittoor District by appointing respondent nos.4 to 13 as executive members.

¶46

4

¶47

Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioner, Sri Shaik Khaja Basha, learned standing counsel for respondent nos.2 & 3.

¶48

Learned counsel for the petitioners submitted that the petitioners has an intention to avail the efficacious alternative statutory remedy by filing a petition in the Waqf Tribunal as per Section 83(2) of the Waqf Act, 1994 and requested to extend the interim order (status quo) granted by this court on 12.02.2026 for a further period of two(02) weeks.

¶49

Taking into consideration the above submission, as the petitioners has an intention to avail the alternative statutory remedy by filing a petition in the Waqf Tribunal as per Section 83(2) of the Waqf Act, 1994, this court is inclined to dispose of the writ petition with the following directions:

¶50

The petitioners are at liberty to file a petition before the Waqf Tribunal within two(02) weeks from today. Till then, the status quo orders passed by this court dated 12.02.2026 shall continue. The Waqf Tribunal shall adjudicate the same uninfluenced by the status quo orders passed by this court. It is made clear that, if the petitioners did not file a petition before the Waqf Tribunal within two(02) weeks from today, the status quo orders shall be vacated.

¶51

5

¶52

Accordingly, the writ petition is disposed of. No costs.

¶53

Miscellaneous applications, pending if any, shall stand closed.

¶54

_________________________ JUSTICE RAVI CHEEMALAPATI

¶55

06.07.2026 BRS Note: C.C. by two days

¶56

Whether the order is: