Andhra Pradesh High Court

WP/36204/2025 of Dargah Hazarath Syed Shah Ali Quadri and Mosque Vs The State of A.P. on 14 September 2026

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IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 15 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36204/2025 Between: 1. DARGAH HAZARATH SYED SHAH ALI QUADRI AND MOSQUE, REP., BY ITS MUTHAWALI BORAVANCHA (V), NUZVID (M),ELURU DT., 2. SYED MUZAMMIL QUADRI, S/O HASSON

APHC010705822025

IN THE

TUESDAY, T

THE HONOURAB

WRIT

Between:

1. DARGAH HAZARATH

REP., BY ITS MUTHA

DT.,

2. SYED MUZAMMIL

MUTHAWALI AGE- 7

NUZVID (M),ELURU D

1. THE STATE OF A

MINORITY

WEL

VELAGAPUDI, AMAR

2. THE A P STATE WA

OFFICER, IMDAD GH

3. THE INSPECTOR, AU

Petition under Article

circumstances stated in th

pleased topleased to issue

nature of writ of mandamus

issued by Respondent No.2

W.P.N

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THE 15th DAY OF SEPTEMBER 2026

PRESENT

BLE SRI JUSTICE RAVI CHEEMALAPA

T PETITION NO: 36204/2025

H SYED SHAH ALI QUADRI AND

AWALI BORAVANCHA (V), NUZVID (M

QUADRI, S/O HASSON BASHA

71 YEARS, R/O'1-118, BORAVANCH

DT.,

...PETIT

AND

P, , REP., BY ITS PRINCIPAL SEC

FARE

DEPARTMENT,

SECR

RAVATI, GUNTUR DT - 522238

AQF BOARD, REP., BY ITS CHIEF EX

HAR, VIJAYAWADA-520001

UDITOR WAQF, ELURU

...RESPON

226 of the Constitution of India praying e affidavit filed therewith, the High Co e writ or order or direction particularly s declaring the show cause notice Dt., 2 as illegal and violative of Art., 14 and 3

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No.36204 of 2025

H

ATI

MOSQUE,

M),ELURU

QUADRI,

HA-521201,

TIONER(S)

CRETARY,

RETARIAT,

XECUTIVE

NDENT(S):

g that in the

urt may be

one in the

11.11.2025

300A of the

RC,J

Constitution of India besides being in violation of Waqf Act directing not to proceed further proceedings and pass IA NO: 1 OF 2025

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 Counsel for the Petitioner(S):

1.KARUMANCHI INDRANEEL BABU

Counsel for the Respondent(S):

1.GP FOR SOCIAL WELFARE

2.SHAIK KHAJA BASHA

The Court made the following:

RC,J

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ORDER

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

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

3. 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- RC,J

55 of the Andhra Pradesh State Waqf Rules, 2023, the same is unsustainable and liable to be set aside. Accordingly, prayed to allow the writ petition.

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

5. Perused the material available on record and considered the submissions made by learned counsel for the parties.

6. Sub Rules 1 to 3 of Rule-55 of the Andhra Pradesh State Waqf Rules, 2023 reads thus: “(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, Co- operative, Registration, Agriculture, to conduct an enquiry into the charges against a Mutawalli as required under sub-section (3) of Section 64 of the Act.

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.

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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7. 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.

8. 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.

Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 15TH September, 2026

RR

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