Andhra Pradesh High Court
WP/41401/2016 of Sk. Hussain Vs Andhra Pradesh State Wakf Board, on 22 July 2026
HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 23 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 41401 OF 2016 Between: 1. Sk. Hussain, s/o Late Mahaboob Saheb aged about 69 years, Mutawalli of Edgh and Masjid-e-Hamza with its attached properties within the limits of Old Edgah, r/o
APHC010059702016
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1. Sk. Hussain, s/o Late Edgh and Masjid-e-Hamz Edgah, r/o Tirupathi
2. Shaik. Musa, S/o Shai Hamza, Situated at O District.
3. Shaik.Jaffar Vali, S/o S e-d-Hamza, Situated Tirupati District. Petition Dt. 06.07.2026 in I.A.No.
1. Andhra Pradesh State Hyderabad, rep. by its Ch
2. Inspector Auditor Wakf
3. Sri Syed Shall Ahmed 51 years, styling himself Tiruapathi Chittoor Dist Chandragiri Road Tirupat E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) SDAY, THE 23rd DAY OF JULY 2026 PRESENT ABLE SRI JUSTICE RAVI CHEEMAL T PETITION NO: 41401 OF 2016 Mahaboob Saheb aged about 69 yea za with its attached properties within
k. Hussain, Mutawallies of Idgah Opp S. V. Arts College, Chandragi Shaik Hussain, Mutawallies of Idg d at Opp S. V. Arts College, Ch ners P2 and P3 are impleaded as pe
AND e Wakf Board, Haj House, Razak Ma hief Executive Officer fs, Chittoor, at Collectorate, Chittoor, C d Quadri, s/o Late Syed Nazeer Ahm f as Mutawalli Dargah Hzt Amanulla trict r/o D.No. 3-2-42/A, Opp: SVR ti Chittoor District DESH
LAPATI ars, Mutawalli of the limits of Old and masjid-e-d- ri Road, Tirupati gah and masjid- handragiri Road, er Courts Order ...Petitioners anzil, Nampally, Chittoor District ed Quadri aged ah Shah Quadri, R Arts College, ...Respondents
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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings vide F.No. 12047/CTR/2010/Z-V dt. 3.1.2013, as being illegal, arbitrary, contrary to the principles of natural justice, without jurisdiction or authority, contrary to the provisions of the Wakf Act, 1995 and also violative of Art. 14 of the Constitution of India and consequently set aside the same and pass such other order or orders may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2016(WPMP 51008 OF 2016
direct the 3rd respondent not to interfere with the duties discharged by the petitioner as the Mutawalli in respect of Edgah and Masjid e Hamza with its attached shops within the limits of Old Edgah, in any manner, pending disposal of the above writ petition IA NO: 2 OF 2016(WPMP 51009 OF 2016
suspend the operation of the Proceeding F.No.12047/CTR/2010/Z-V dt.03.01.2013, pending disposal of the above Writ Petition IA NO: 1 OF 2026
implead the Proposed petitioners as petitioners No. 2 and 3 Shaik. Musa and Shaik. Jaffar in W.P. 41401 of 2016 and all its consequential proceedings before this Honble Court and to pass Counsel for the Petitioners: O UDAYA KUMAR Counsel for the Respondents: M MEHDI HUSSAIN Counsel for the Respondents: SHAIK KHAJA BASHA
The Court made the following order:
Challenging the proceedings vide F.No.12047/CTR/2010/Z-V dated 03.01.2013 issued by the Chief Executive Officer, A.P State Waqf Board, whereby respondent No.3 was appointed as Muthawalli of the Old Edgah, Graveyard and Dargah Syed Amanullal Shah Quadri Tirupati Town, Chittoor District, the present Writ Petition has been filed.
2. Heard Sri O.Udaya Kumar, learned counsel for the petitioners, Sri Shaik Khaja Basha, learned standing counsel for respondent No.1 and Sri Mehdi Hussain, learned counsel for respondent No.3.
3. Learned counsel for the petitioner submitted that, subsequent to the filing of the Writ Petition, respondent No.3 ceased to function as the Muthawalli, and the competent authorities appointed petitioner Nos.1 and 2 as the Muthawallis. He further submitted that in view of the subsequent developments, nothing survives for adjudication in the present Writ Petition and prayed to close the same.
4. Recording the submission made by learned counsel for the petitioners, the Writ petition is closed. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications are closed.
___________________________ JUSTICE RAVI CHEEMALAPATI Date: 23.07.2026 MP
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 41401 of 2016 Date: 23.07.2026
MP