Mulla Abdul Hafeez Vs the State of Andhra Pradesh

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APHC010159872026

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

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[3329]

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TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8993/2026

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Between:

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MULLA ABDUL HAFEEZ, S/O LATE MULLA ABDUL KHADER AGED ABOUT 58 YEARS, OCC PVT SERVICE R/O D. NO. 7-14, PADAMATI PALEM, NEAR GOVERNMENT HOSPITAL, PODILI, PRAKASAM DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MINORITIES WELFARE (IDM) DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI AMRAVATI GUNTUR DISTRICT. - 522236

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THE A P STATE WAQF BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDAD GHAR, OPP KALESHWAR RAO MARKET VIJAYAWADA A.P. 520001

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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 appropriate writ, order or direction more particularly in the nature of MANDAMUS Declaring the action of the 2nd respondent Waqf Board in not appointing the petitioner as Hereditary Mutawalli of Waqf Institution namely Big and Small Mosque situated at Podili Village and Mandal, Prakasam District published in the Gazette dated 2-51963 at serial No 230 having received representation dated 9-1-2018 as being Illegal, Arbitrary, Capricious, Malafide, Contrary to Section 42 and 63 of

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Waqf Act of 1995 as amended by Act 14 of 2025, amounts to dereliction of duties, consequently direct the 2nd respondent Waqf Board to appoint the petitioner as Hereditary Mutawalli of Big and Small Mosque, situated at Podili Village and Mandal, Prakasam District and pass

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IA NO: 1 OF 2026

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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 Interim Directions directing the respondent No 2 Waqf Board to appoint the petitioner Mutawalli for the Waqf Institution namely Big and Small Mosque for the Waqf Institution namely Big and Small Mosque situated at Podili Village and Mandal, Prakasam District published in the Gazette dated 2-5-1963 at serial No 230 and this as pass

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Counsel for the Petitioner:

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1.M MEHDI HUSSAIN

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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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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8993/2026

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus d eclaring the action of the 2^nd respondent Waqf Board in not appointing the petitioner as Hereditary Mutawalli of Waqf Institution namely Big and Small Mosque situated at Podili Village and Mandal, Prakasam District published in the Gazette dated 02.05.1963 at serial No. 230 having received representation dated 09.01.2018 as being Illegal, Arbitrary, Capricious, Malafide, Contrary to Section 42 and 63 of Waqf Act, 1995 as amended by Act 14 of 2025, amounts to dereliction of duties, consequently direct the 2^nd respondent Waqf Board to appoint the petitioner as Hereditary Mutawalli of Big and Small Mosque, situated at Podili Village and Mandal, Prakasam District and pass such other order.”

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Heard learned counsel for the petitioner and learned

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Standing Counsel for the respondent No.2.

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Learned counsel for the petitioner submits that the petitioner submitted his application seeking to appoint himself as Mutawalli in respect of Big and Small Mosque situated at Podili Village and Mandal. The said representation was acknowledged by respondent No.2 on 09.01.2018. Even though, the petitioner is eligible and his representation was duly received by respondent no.2, but so far for the reasons best known to respondent No.2, the representation of the petitioner was neither considered and appointed himself as Mutawalli nor replied informing that the

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petitioner is not eligible and somebody is appointed. Hence, the Writ Petition.

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On the other hand, learned Standing Counsel for respondent No.2 furnished written instructions, wherein it is stated as under:

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“It is to submit that the W.P.No.25823 of 2016 is pending before the Hon’ble High Court of AP with regard the management. Further the applicant has not submitted documentary evidence i.e., death and family member certificates of Gazette notified Mutawalli for claiming as hereditary Mutawalliship of the subject institution in place his grandfather.

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Hence, the above entire matter shall be placed before the Board for taking further course of action in the matter as per the Waqf Act & Law as per the AP Waqf Rules, 2023.”

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Learned Standing Counsel for respondent No.2 submits that in view of the statement made by respondent No.2 in the written instructions, the claim of the petitioner would be considered.

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Considering the submissions made by both the learned counsel and on perusal of the material placed on record and also the written instructions submitted by respondent No.2, this Court is of the considered opinion that the present Writ Petition can be disposed of without going into the merits of the case.

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Accordingly, the Writ Petition is disposed of directing the

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Chief Executive Officer to whom the representation/application of the petitioner dated 09.01.2018 was submitted to place the same before the respondent No.2 Board by the next meeting to be held by the respondent No.2-Board. After placing the same, respondent No.2Board shall pass appropriate orders, if necessary after providing opportunity of hearing to the petitioner in accordance with law. There shall be no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

07.04.2026 TPS

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA