(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA (SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TWENTY FIFTH DAY OF SEPTEMBEI TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 25131 OF 2023

Between:

Md. Saleem, S/o Md.Usman Age:52 years, Mutawalli of Ashoor Khana, Chota Peerla Chavidi (Chota Peerla Chavidi) R/o, Addepalli,(V), Bhattiprolu (M), Guntur District, Andhra Pradesh

Petitioner

AND

• 1. The State of Andhra Pradesh, Rep.by it's Principal Secretary, Minority Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur, A.P.
• 2. The Andhra Pradesh State Wakf Board, Rep by its Chief Executive Officer, 4^th and 5^th Floor Imdad Ghar Wakf Complex, Opp. Kaleswara Rao Market, Viiayawada Krishna District, A.P.
• 3. The Inspector Auditor Wakfs, Gunturand Bapatla Districts, Office of the Inspector Auditor WAQF "E" Section, Collector's office, Guntur District, Andhra Pradesh.
• 4. Shri Mohammad Aga Mirza, S/o Abdul Age: Not Known to the petitioner D.No.18-14, Addepalli (V) Bhattiprolu(M) Bapatla District(new), Andhra Pradesh .. Respondents

WHEREAS the Petitioner above named through his Advocate M/s S.V. Bharatha Lakshmi presented this 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 of the 3^rd respondent dt.12.06.2023 in respect of impugned proceedings of Ashoorkhana situated at Addepalli(V) attached WAQF LAND admeasuring Ac.2.81 Cents in Sy.no.351/2 of Addepalli(V), Battiprolu (M) as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, $19(1)(g)$ and 21 of the Constitution of India;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s S.V. Bharatha Lakshmi, Advocate for the Petitioner, learned GP FOR MINORITY WELFARE for respondent No.1 and Sri S. ARIFULLAH, STANDING COUNSEL for respondent Nos.2&3 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Minority Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur, A.P.
• 2. The Chief Executive Officer, $4^{th}$ and $5^{th}$ Floor Imdad Ghar Wakf Complex, Andhra Pradesh State Wakf Board, Opp. Kaleswara Rao Market, Vijayawada Krishna District, A.P.
• 3. The Inspector Auditor Wakfs, Gunturand Bapatla Districts, Office of the Inspector Auditor WAQF "E" Section, Collector's office, Guntur District, Andhra Pradesh.
• 4. Shri Mohammad Aga Mirza, S/o Abdul Age: Not Known to the petitioner D.No.18-14,Addepalli (V)Bhattiprolu(M) Bapatla District(new),Andhra Pradesh

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 03.10.2023, on which date the case stands posted for hearing.

The Court made the following ORDER:

"Notice before admission.

Learned Government Pleader for Minority Welfare Department, takes notice on behalf of respondent No.1.

Sri S.Arifullah, learned Standing Counsel for Waqf Board, takes notice on behalf of respondent Nos.2 and 3.

Learned counsel for the petitioner is permitted to take out personal notice on behalf of respondent No.4 through Registered Post with Acknowledgement Due and file proof of service in the Registry.

Smt S.V.Bharatha Lakshmi, learned counsel for the petitioner, there is one other connected Writ Petition vide W.P.No.22880 of 2023 and requested to post this matter along with W.P.No.22880 of 2023.

For instructions, post on 03.10.2023 along with W.P.No.22880 of 2023, in the 'motion list'."

Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

• 1. The Principal Secretary, Minority Welfare Department, State of Andhra
• Pradesh, Secretariat, Velagapudi, Amaravati, Guntur, A.P. The Chief Executive Officer, 4^th and 5^th Floor Imdad Ghar Wakf Complex, Andhra Pradesh State Wakf Board, Opp. Kaleswara Rao Market, Vijayawada Krishna District, A.P.
• 3. The Inspector Auditor Wakfs, Gunturand Bapatla Districts, Office of the Inspector Auditor WAQF "E" Section, Collector's office, Guntur District, Andhra Pradesh.
• 4. Shri Mohammad Aga Mirza, S/o Abdul Age: Not Known to the petitioner D.No.18-14, Addepalli (V) Bhattiprolu(M) Bapatla District(new), Andhra Pradesh (Addressee Nos. 1 to 4 by RPAD- along with a copy of petition and affidavit)
• 5. One CC to SRI. S V BHARATHA LAKSHMI Advocate [OPUC]
• 6. Two CCs to GP FOR SOCIAL WELFARE, High Court of Andhra Pradesh. ITUOI
• 7. One CC to SRI. S. ARIFULLAH, STANDING COUNSEL [OPUC]
• 8. One spare copy

$KJ$

$\n\sqrt{0}\n$ ,

$\mathbf{Q}$

HIGH COURT

RCJ

DATED: 25/09/2023

POST ON 03.10.2023 ALONG WITH W.P.NO.22880 OF 2023, IN THE 'MOTION LIST'

NOTICE BEFORE ADMISSION

WP.No.25131 of 2023