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Judgment
The writ petition vide W.P.No.11255 of 2025 has been filed declaring the impugned order vide F.No.B3/6/ATP/2003 dated 07.04.2025 passed by the 2nd Respondent for constituting the 4th Respondent/Managing Committee for a period of one year to manage the day-to-day affairs of the Hazrath Mastan Vali Dargah, Jamiya Masjid, Choti Masjid (Jumma Masjid), Idgah and Burial Ground situated at Kothacheruvu Village and Mandal, Sri Satya Sai District, A.P. along with its attached properties with Respondent Nos.5 to 13 as its office bearers.
The Writ Petition vide W.P.No.17016 of 2025 has been filed questioning F.NO.B3/61/ATP/2003 dated 25.06.2025 issued by the 3rd Respondent authorizing the 4th Respondent as an election officer to conduct election for constituting the managing committee to the wakf institutions namely Hazrath Mastan Vali Dargah, Jamiya Masjid, Choti Masjid (Jumma Masjid), Idgah and Burial Ground situated at Kothacheruvu Village and Mandal, Sri Satya Sai District, A.P. along with its attached properties.
The Writ petition vide W.P.No.29643 of 2025 has been filed questioning the impugned order vide F.No.B3/6/ATP/2003 dated 15.10.2025 passed by the 2nd Respondent notifying the same in A.P. Gazette W.No.43 in Part-II dated 23.10.2025 so far as appointing the 4th Respondent as Mutawalli to the Wakf institutions namely Hazrath Mastan Vali Dargah, Eidgah and Burial Ground and its attached properties in Sy.No.529-1 and 529-2 to an extent of Ac.8.67 cents covered by Shopping Complex located at Kothacheruvu Village and Mandal, Sri Satya Sai District, A.P. for a period of two (2) years for managing the affairs of the same under Section 63 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 as amended by the Waqf (Amendment) Act, 2025 (UWMEED Act).
All these petitions are filed by the same petitioner. Since the issues covered by these writ petitions are interconnected and relate to same Dargah, all these petitions, at the consent of the parties, are taken up together and are being disposed of by this common order.
Heard Sri S.M.Subhani, learned counsel, assisted by Sri M.Hidayathulla, learned counsel for petitioner, Sri Shaik Khaja Basha, learned Standing Counsel for Waqf Board, and Ms.Pilla Yaswani, learned counsel for respondent no.4 in W.P.No.29643 of 2025.
After hearing for some time, this Court suggested the official respondents to explore the possibility of conducting fresh elections as contemplated under relevant Rules and Regulations. The learned counsel for petitioners submitted that in the event the official respondents undertake to conduct fresh elections within the time frame fixed by this Court, the petitioner would restrict the relief sought in these writ petitions.
The learned Standing Counsel for waqf Board after getting instructions from the concerned officials submitted that the authorities agreed to conduct fresh election and would complete the said process within a period of three (03) months.
It has been brought to the notice of this court by Ms.Pilla Yaswani, learned counsel for respondent no.4 in W.P.No.29643 of 2025 that respondent no.4 in W.P.No.29643 of 2025 has been appointed as temporary Mutawalli till conclusion of election and an appropriate order for continuation of respondent no.4 till conclusion of election.
At this juncture, learned Standing Counsel for Waqf Board brought to the notice of this Court that there may be eruption of violence and severe law and order problem during election and hence the Waqf Board may be permitted to take assistance of police to maintain law and order.
This Court is of the view that no separate permission as sought for by the learned Standing Counsel is required and the Waqf Board is always at liberty to seek assistance of police, if necessary, to maintain law & order, prevent disruptions to the peace, and ensure the smooth conduct of elections.
In the above view of the matters, since the petitioner has restricted his relief and the official respondents have agreed to conduct fresh elections these writ petitions can be disposed of.
Accordingly, the writ petitions are disposed of with the consent of all the parties, directing the official respondents to conduct fresh elections as expeditious as possible, at any rate not later than three (03) months from today. Till conclusion of elections, respondent no.4 is permitted to continue as temporary Mutawalli. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.