Quashed

Dargah Hazarath Syed Shah Ali Quadri and Mosque v. The State of A.P.

Andhra Pradesh HC14 Sept 2026WP/36204/2025

Case brief

AI extract

What is this about?

The High Court set aside a show cause notice issued to a Mutawalli under Rule 55(6) of the Andhra Pradesh State Waqf Rules, 2023 because the statutory preliminary inquiry procedure under Sub-Rules 1 to 3 of Rule 55 was not followed. The court held that bypassing this procedure violates natural justice, but left the authorities free to initiate fresh proceedings in accordance with law.

What did the court decide?

Show cause notice dated 11.11.2025 set aside; authorities not precluded from taking fresh action in accordance with law and applicable rules.

Dargah Hazarath Syed Shah Ali Quadri and Mosque Vs The State of A.P. — Andhra Pradesh HC (2026) — LawSathi Research

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RC,J W.P. N o.36204 of 2025

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APHC010705822025

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

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[3332]

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TUESDAY, T HE 15^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36204/2025

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Between:

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DARGAH HAZARAT H SYED SHAH ALI QUADRI AND MOSQUE, REP., BY ITS MUTH A WALI BORAVANCHA (V), NUZVID ( M ),ELURU DT.,

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SYED MUZAMMIL QUADRI, S/O HASSON BASHA QUADRI, MUTHAWALI AGE- 7 1 YEARS, R/O'1-118, BORAVANC H A-521201, NUZVID (M),ELURU D T.,

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...PETITIONER(S)

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AND

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THE STATE OF A P, , REP., BY ITS PRINCIPAL SE C RETARY, MINORITY WELFARE DEPARTMENT, SEC R ETARIAT, VELAGAPUDI, AMA R AVATI, GUNTUR DT - 522238

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THE A P STATE W A QF BOARD, REP., BY ITS CHIEF E X ECUTIVE OFFICER, IMDAD G H AR, VIJAYAWADA-520001

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THE INSPECTOR, A U DITOR WAQF, ELURU

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India prayin g that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issu e writ or order or direction particularly one in the nature of writ of mandamu s declaring the show cause notice Dt.,11.11.2025 issued by Respondent No. 2 as illegal and violative of Art., 14 and 3 00A of the

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RC,J W.P.No.36204 of 2025

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Constitution of India besides being in violation of Waqf Act directing not to proceed further proceedings and 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 grant stay of further proceedings vide the show cause Notice Dt.,11.11.2025 issued by the Respondent No.2 besides directing to supply the record as sought vide the representations Dt., 19.08.2025, 15.09.2025 and 09.12,2025 pending W.P. and pass

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Counsel for the Petitioner(S):

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1.KARUMANCHI INDRANEEL BABU

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Counsel for the Respondent(S):

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1.GP FOR SOCIAL WELFARE

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2.SHAIK KHAJA BASHA

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The Court made the following:

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RC,J W.P.No.36204 of 2025

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ORDER

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This writ petition has been filed questioning the show cause notice dated 11.11.2025 issued by respondent no.2.

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Heard Sri Karumanchi Indraneel Babu, learned counsel for petitioner, and Sri Shaik Khaja Basha, learned Standing Counsel for Waqf.

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Sri Karumanchi Indraneel Babu, learned counsel for petitioner, while reiterating the contents of the writ affidavit would contend that subsequent to death of his father, the petitioner was appointed as Mutawalli of the Dargha and Mosque under section 42 of the Waqf Act, 1955 and eversince he has been discharging his duties, while so the respondent no.2-Chief Executive Officer of the Waqf, who admitted the appointment of the petitioner as Mutawalli of the subject waqf by way of written statement in O.S.No.8/2023 on the file of A.P.State Waqf Tribunal, issued show cause notice under Rule 55(6) of the Waqf Rules, 2023 why the possession of the mosque and its attached property should not be taken on the ground that based on complaint of some Mussallies the Executive Officer conducted enquiry and submitted report for taking over the institutions and attached properties. He would further contend that since the impugned show-cause-notice has been issued without following the procedure contemplated under sub-rules 1 to 3 of Rule-

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RC,J W.P.No.36204 of 2025

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55 of the Andhra Pradesh State Waqf Rules, 2023, the same is unsustainable

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and liable to be set aside. Accordingly, prayed to allow the writ petition.

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On the other hand, Sri Shaik Khaja Basha, learned Standing Counsel,

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would contend that there is no procedural error or deviation in issuing the show cause notice as alleged by the petitioner, however, in case this court were to interfere, liberty may be given to the respondents to take action in accordance with law.

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Perused the material available on record and considered the

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submissions made by learned counsel for the parties.

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Sub Rules 1 to 3 of Rule-55 of the Andhra Pradesh State Waqf Rules,

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2023 reads thus:

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“(1) The Waqf Board may appoint an officer or a person who is a retired Judicial Officer/Practicing Advocate having standing of ten (10) years experience/Gazetted Officer having knowledge of Administration in government departments such as Revenue, Cooperative, Registration, Agriculture, to conduct an enquiry into the charges against a Mutawalli as required under sub-section (3) of Section 64 of the Act.

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(2) The Enquiry Officer shall furnish the Charge Memo to the Mutawalli along with a list of witnesses and documents on which the charges are proposed to be sustained.

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(3) The enquiry Officer shall give a notice to the Mutawalli fifteen (15) days in advance specifying the date, hour and a place fixed for holding enquiry. The enquiry shall be summary and the Enquiry Officer shall record the Memorandum of evidence.”

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RC,J W.P.No.36204 of 2025

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Rule 55 of the Andhra Pradesh State Waqf Rules outlines the detailed procedure and requirements for conducting an inquiry into the charges against a Mutawalli. No such procedure as contemplated under the above sub Rules has been followed in the present case while issuing show cause notice. Bypassing this statutory procedure and straightaway issuing a show-cause notice without preceded by preliminary inquiry as per Rules, is legally unsustainable and violates the core principles of natural justice. Hence, the impugned show-cause-notice is liable to be set aside.

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Accordingly, the writ petition is disposed of, setting aside the show cause notice dated 11.11.2025. However, the authorities are not precluded from taking steps in accordance with Law & applicable Rules. There shall be no order as to costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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15^TH September, 2026

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___________________________ JUSTICE RAVI CHEEMALAPATI RR

Dargah Hazarath Syed Shah Ali Quadri and Mosque v. The State of A.P.

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Dargah Hazarath Syed Shah Ali Quadri and Mosque v. The State of A.P.

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