Dismissed¶¶39

Shabber Khan v. the State of Ap

Andhra Pradesh HC1 Feb 2026WP/31154/2025

Case brief

AI extract

What is this about?

Shabber Khan v. State of AP & Others; High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction); Justice Tarlada Rajasekhar Rao; Writ Petition No.31154 of 2025, decided 02.02.2026; writ of mandamus under Article 226; obstruction by Inspector Auditor Waqfs to construction of temporary godown/bakery shop on leased Jamia Mosque Shopping Complex premises, Srikakulam; Waqf Properties Lease Rules 2014, Rule 4; liberty to file fresh application before Waqf Board; dismissed as withdrawn; no costs; Section 151 CPC applications; AP State Waqf Board; no precedents cited.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to the petitioner to file a fresh application before the Waqf Board under Rule 4 of the Waqf Properties Lease Rules, 2014; no order as to costs. ¶¶39

Shabber Khan Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to the petitioner to file a fresh application before the Waqf Board under Rule 4 of the Waqf Properties Lease Rules, 2014; no order as to costs.

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Issue for consideration

Whether the action of respondent No.3 (Inspector Auditor Waqfs) in not allowing the petitioner to construct a temporary godown/bakery shop with tin roofing shed on the leased premises was illegal and arbitrary, warranting a direction that the respondents not interfere.

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Ratio / Principle

Permission accorded to withdraw the writ petition; the Writ Petition is dismissed as withdrawn, granting the petitioner liberty to file a fresh application before the Waqf Board under Rule 4 of the Waqf Properties Lease Rules, 2014; there shall be no order as to costs.

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Key takeaways

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.ratio¶¶40

Detailed headnote1 paragraphs

Writ Petition (Article 226) filed by a lessee challenging the action of respondent No.3, the Inspector Auditor Waqfs, AP State Waqf Board, in not allowing him to construct a temporary godown/bakery shop with tin roofing shed over 1475 square feet at T.S.No.110, first floor, Jamia Mosque Shopping Complex, GT Road, Srikakulam Town, claiming a subsisting lease till 6 February 2026; relief sought included a declaration that the action was illegal, arbitrary and violative of the Waqf Properties Lease Rules, 2014 and Articles 14, 19 and 21 of the Constitution of India. After arguing for some time, counsel sought permission to withdraw the petition with liberty to file a fresh application to the Waqf Board for allotment of the place under Rule 4 of the Waqf Properties Lease Rules, 2014. Permission accorded; Writ Petition dismissed as withdrawn with such liberty; no order as to costs; miscellaneous petitions pending, if any, stood closed. (Respondent 5, Managing Committee of Jamia Mosque, had been impleaded by order dt.19.12.2025 in I.A.No.02 of 2025.)

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[3330]

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APHC010597142025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31154/2025

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Between:

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SHABBER KHAN, S/O SHUKUR KHAN, AGED 40 YEARS, OCC BUSINESS, R/O DOOR NO 1-37-191, HUDCO COLONY, RIMS HOSPITAL ROAD, BALAGA, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT AP SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

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ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDADGHAR, WAQF COMPLEX, OPP HEAD POST OFFICE VIJAYAWADA, NTR DISTRICT, (ERSTWHILE KRISHNA DISTRICT), PIN - 520001.

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THE INSPECTOR AUDITOR WAQFS, AP STATE WAQF BOARD, JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT

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DISTRICT REVENUE OFFICER, SRIKAKULAM, COLLECTORATE, SRIKAKULAM DISTRICT.

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MANAGING COMMITTEE OF JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, REP BY ITS PRESIDENT SHEIK

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NIZAMUDDIN, S/O SHEIK GOUSEUDDIN, AGED ABOUT 55 YEARS, OFFICE ADDRESS AT JAMIA MOSQUE, GT ROAD, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.19.12.2025 IN I.A.NO.02 OF 2025

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...RESPONDENT(S):

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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 toPleased to issue a writ, order or direction nature of WRIT OF MANDAMUS this Honble Court may be more particularly one in the declaring the action of the 3rd respondent in not allowing the petitioner to construct temporary godown/bakery shop with tin roofing shed i feet in T.S.No.110 situated in an extent of 1475 square on the first floor of Jamia Mosque Shopping compiex at GT Road in Srikakuiam Town of Srikakuiam District bought the petitioner is having valid iease agreement and the lease period is subsisting till 6- February 2026 and interfering with the above said lease premises by restraining the petitioner as illegal, arbitrary, violative of The Waqf Properties and offends Articles 14, 19 to do bakery business. Lease Rules 2014 and 21 of Constitution of India and consequently direct the respondents not to interfere in constructing roofing shed in an extent oftemporary godown/bakery shop with tin 1 1475 square feet in T.S.No.110 situated on the first floor of Jamia Mosque Shopping Complex at GT Road in Srikakuiam Town of Srikakuiam District by the petitioner in the said lease premises and such other orders pass

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IA NO: 1 OF 2025

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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 pleased to direct the respondents not to interfere in constructing temporary godown/bakery shop with tin roofing shed in an extent of 1475 square feet in T.S.N0.IIO situated on the first floor of Jamia Mosque Shopping Complex at GT Road in Srikakulam Town of Srikakulam District by the petitioner in the said lease premises, pending disposal of the main writ petition and pass

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IA NO: 2 OF 2025

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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 may be pleased to permit me to implead the party/proposed 5th respondent in

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WP No. 31154 of 2025 and pending miscellaneous petition therein, in the interest of justice and pass

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Counsel for the Petitioner:

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1.SRINIVAS AMBATI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR SOCIAL WELFARE

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3.SHAIK KHAJA BASHA

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The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31154 OF 2025

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ORDER:

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After arguing for sometime, learned counsel for the petitioner sought permission of this Court to withdraw the writ petition and requested that the petitioner be permitted the petitioner to file an application to the Waqf Board for allotment of the place under Rule 4 of the Waqf Properties Lease Rules, 2014 (hereinafter for short ‘the Rules’). Learned counsel endorsed the same on the bundle.

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Permission is accorded.

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Accordingly, the Writ Petition is dismissed as withdrawn granting liberty to petitioner to file a fresh application before the Waqf Board under Rule 4 of the Rules. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 02.02.2026

KBN

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO