Writ Petition, Muharram procession, Mutawalli, Waqf Board, Andhra Pradesh High Court, hereditary succession, religious festival, dispute, court order
 18 Jun, 2026
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Shaik Jilani Saida Vs. A P State Waqf Board and others

  Andhra Pradesh High Court W.P.No.13245/2026
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Case Background

As per case facts, the petitioner, Shaik Jilani Saida, filed a Writ Petition seeking recognition as Mutawalli and permission to conduct the Muharram festival for the Lanka Peer Run-Hussain Panja, ...

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Document Text Version

APHC010293042026

IN THE HIGH COURT OF ANDHRA PRADESH

THURSDAY,THE EIGHTEENTH DAY OF JUNE

TWO THOUSAND AND TWENTY SIX

PRESENT:THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 15440/2026

WRIT PETITION No.13245/2026

Writ petition No.15440 of 2026

Between:

1. SK SULEMAN, S/O ( LATE ) SK SARVAR SAHEB, AGED ABOUT 53

YEARS, OCC. MUTHAWALI. R/0. 8

PANJA, VIJAYAWADA. KRISHNA DISTRICT. 520001.

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY MINORITIES WELFARE DEPT SECRETARIAT,AT

VELAGAPUDI GUNTUR DISTRICT AP

2. WAQF BOARD OF ANDHRA PRADESH, REP BY ITS CHIEF

EXECUTIVE OFFICER, VIJAYAWADA. NTR KRISHNA DISTRICT

520001.

3. SURVEY COMMISSIONER OF WAQF, GOVT OF ANDHRAPRADESH

, SECRETARIAT, VELAGAPUDI. GUNTUR DISTRICT 522237

4. THE INSPECTOR AND AUDITOR OF WAQF, 0/0 COLLETERATE ,

NTR ( KRISHNA ) DISTRICT 520002

5. THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY. ITS

COMMISSIONER, VIJAYAWADA. NTR KRISHNA DISTRICT 520001

6. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE,M

VIJAYAWADA 520010

W.P.No.15440 & 13245 of

1

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF JUNE

TWO THOUSAND AND TWENTY SIX

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 15440/2026

&

WRIT PETITION No.13245/2026

Writ petition No.15440 of 2026

SK SULEMAN, S/O ( LATE ) SK SARVAR SAHEB, AGED ABOUT 53

YEARS, OCC. MUTHAWALI. R/0. 8 -6-1, WYNCHPET, RUNHUSAN

PANJA, VIJAYAWADA. KRISHNA DISTRICT. 520001.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY MINORITIES WELFARE DEPT SECRETARIAT,AT

VELAGAPUDI GUNTUR DISTRICT AP - 522237.

WAQF BOARD OF ANDHRA PRADESH, REP BY ITS CHIEF

EXECUTIVE OFFICER, VIJAYAWADA. NTR KRISHNA DISTRICT

SURVEY COMMISSIONER OF WAQF, GOVT OF ANDHRAPRADESH

, SECRETARIAT, VELAGAPUDI. GUNTUR DISTRICT 522237

THE INSPECTOR AND AUDITOR OF WAQF, 0/0 COLLETERATE ,

NTR ( KRISHNA ) DISTRICT 520002

THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY. ITS

COMMISSIONER, VIJAYAWADA. NTR KRISHNA DISTRICT 520001

THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE,M

VIJAYAWADA 520010

RC,J

W.P.No.15440 & 13245 of 2026

IN THE HIGH COURT OF ANDHRA PRADESH

[3332]

THURSDAY,THE EIGHTEENTH DAY OF JUNE

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

SK SULEMAN, S/O ( LATE ) SK SARVAR SAHEB, AGED ABOUT 53

1, WYNCHPET, RUNHUSAN

...PETITIONER

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY MINORITIES WELFARE DEPT SECRETARIAT,AT

WAQF BOARD OF ANDHRA PRADESH, REP BY ITS CHIEF

EXECUTIVE OFFICER, VIJAYAWADA. NTR KRISHNA DISTRICT

SURVEY COMMISSIONER OF WAQF, GOVT OF ANDHRAPRADESH

, SECRETARIAT, VELAGAPUDI. GUNTUR DISTRICT 522237

THE INSPECTOR AND AUDITOR OF WAQF, 0/0 COLLETERATE ,

THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY. ITS

COMMISSIONER, VIJAYAWADA. NTR KRISHNA DISTRICT 520001

THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE,M

RC,J

W.P.No.15440 & 13245 of 2026

2

7. SHEIKH JEELANI ALIAS SHAIDA, S/O SK MEHABOOB, AGED

ABOUT 40 YEARS, R/0 . D NQ 8-6- 1 , PANJA CENTRE,

WYNCHPET, VIJAYAWADA 520001

...RESPONDENT(S):

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 an appropriate writ, order direction more particularly in the

nature of Writ of Mandamus by declaring the action of the respondents

declining accord the permission to Petitioner for the conduct the Mohurrum

procession for the Run Hussain Peer Panja / Lanka Peer Panja Vijayawada is

abuse of vested at power, copriciosu and arbitrary consequently direct the

Respondent to accord a permission to Petitioner to conduct the Mohurrum

procession for lanka Peer Panja/ Run Hussin Peer Panja at Vijayawada pass

IA NO: 1 OF 2026

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

to direct the respondents to permit the conduct the petitioner and his rival 7th

Respondent to conduct the Muharram procession for Lanka Peer Panja

RunHussain Peer Panja at Vijayawada Jointly as directed by this Hon’ble

court in WP No 21670 and 24071 of 2022 dated 05-08-2022.

Counsel for the Petitioner:

1. T RAGHU PRASAD

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR SOCIAL WELFARE

WRIT PETITION NO: 13245/2026

Between:

1. SHAIK JILANI SAIDA,, S/O. MAHABOOB, AGED ABOUT 39 YEARS,

OCC NOTIFIED HEREDITARYMUTAWALLI, LANKA', PEER RUN

PANJA,D.NO.8-6-1, PANJA CENTRE, VIJAYAWADA, AP.

RC,J

W.P.No.15440 & 13245 of 2026

3

...PETITIONER

AND

1. A P STATE WAQF BOARD, REP.BY ITS SPECIAL OFFICER/CHIEF

EXECUTIVE OFFICER, VIJAYAWADA.

2. CHIEF EXECUTIVE OFFICER, A.P. STATE WAQF BOARD

VIJAYAWADA

3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, MINORITIES WELFARE DEPT., SECRETARIAT AT

VELAGAPUDI, GUNTUR DISTRICT, AP. .

4. THE STATION HOUSE OFFICER, 11- TOWN POLICE STATION,

VIJAYAWADA.

5. THE COMMISSIONER OF POLICE, POLICE COMMISSIONERATE,

VIJAYAWADA.

6. THE VIJAYAWADA MUNICIPAL CORPORATION, REPRESENT ED BY

ITS COMMISSIONER, KRISHNA DISTRICT

...RESPONDENT(S):

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 an appropriate writ, or order or direction, more particularly,

one in the nature of Writ of Mandamus declaring the inaction of the

Respondents 1 and 2 in not passing orders on the representations of the

Petitioner dated 16.05.2024 and 11.02.2026 to recognize the Petitioner as

Mutawalli and allow him to continue in managing the affairs of the Waqf

Property of Lanka Peer Run-Hussain Panja, D.No.8-6-1, Panja Centre,

Vijayawada, in terms of the orders in W.A. 752 of 2025 dated 15.07.2025, as

illegal, arbitrary, contrary to law, malicious, biased, politically motivated,

discriminatory, and violative of Articles 14, 21, and 300A of the Constitution of

India, in the interest of justice and pass such

IA NO: 1 OF 2026

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

to direct the respondents to take immediate action on the Representations

submitted by the petitioner dt.12.09.2018 23.07.2019, 10.11.2021 &

15.06.2025 respectively to the Respondents against the land grabbers and

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W.P.No.15440 & 13245 of 2026

4

tenants from the gazette notified Mutawalli Waqf Property of Lanka Peer

Run-Hussain Panja, D.No.8-6-1, Panja Centre, Vijayawada, in the interest of

justice pending disposal of the above writ petition and to pass such

IA NO: 2 OF 2026

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

may be pleased to direct the respondents to take immediate action on the

Representation submitted by the petitioner dated 16.05.2024, representations

dated 11.02.2026 addressed to the 1st and 2' Respondents in terms of orders

in W.A.752 of 2025 dated 15.07.2025 to recognize the Petitioner as

Mutawalli by continuing him to manage the affairs of the Waqf Property of

Lanka Peer Run-Hussain Panja, D.No.8-6-1, Panja Centre, Vijayawada, in

the interest of justice, pending disposal of the above writ petition and pass

such

IA NO: 3 OF 2026

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

may be pleased to direct Respondents to accord permission to the petitioner

as per representation dated 02.04.2026 to conduct the "Moharam Peerla

Festival" at Petitioner to conduct the Moharram festival to beheld from

15.06.2026 to 29.06.2026 for the Waqf institution Lanka Peer Run-Hussain

Panja, D.No.8-6-1, Panja Centre, Vijayawada, pending disposal of the above

Writ Petition, in the interest of justice, pending disposal of the above Writ

Petition and pass such

Counsel for the Petitioner:

1. CORPUS JURIS LAW PANEL LLP

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR SOCIAL WELFARE

3. SHAIK KHAJA BASHA

4. S.V.S.S.SIVARAM SC For VMC

RC,J

W.P.No.15440 & 13245 of 2026

5

COMMON ORDER

The Writ Petition vide W.P.No.15440 of 2026 is filed questioning the

action of the official respondents in declining to accord permission to the

petitioner to conduct Muharram procession for the Run Hussain Peer Panja/

Lanka Peer Panja at Vijayawada (hereinafter, referred to as ‘the Panja).

2. The Writ Petition vide W.P.No.13245 of 2026 is filed questioning the

inaction of official respondents in passing orders on representations made by

petitioner dated 16.05.2024 and 11.02.2023 to recognize him as Mutawalli

and to accord permission to him as per representation dated 02.04.2026 to

conduct Muharram festal to be held from 15.06.2026 to 29.06.2026 for Lanka

Peer Run-Hussain Panja, Vijayawada.

3. Since both the writ petitions pertain to the same subject Panja and

the relief sought is almost similar laying rival claims regarding their

entitlement to conduct Muharram festival at the said Panja, both of them

were heard together and are being disposed of by this common order.

4. For convenience, the petitioner in W.P.No.15440 of 2026 will be

referred to as ‘the petitioner’ and the petitioner in W.P.No.13245 of 2026 will

be referred to as ‘respondent no.7’ as per their status in W.P.No.15440 of

2026 in later part of this common order.

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W.P.No.15440 & 13245 of 2026

6

5. The case of the petitioner as set out in W.P.No.15440/2026, in brief,

is that his father served as Mutawalli and conducted Muharram procession

every year till his death in the year 2015 and in fact the Run Hussain Panja is

located in the site of his grandfather, which subsequently was declared as

Waqf property. It is his further case that subsequent to death of his father, he

filed series of applications before the Waqf Board seeking his appointment as

Mutawalli of the said Panja, however they have not been decided yet, despite

the fact that succession to Mutawalli is hereditary as per Waqf Act, mainly due

to the opposition made by respondent no.7 by filing a representation stating

that he is fit person to be appointed as Mutawalli for the said Panja claiming

hereditary succession through his great grandfather without producing any

evidence to the effect that his great grandfather was ever appointed as

Mutawalli by the Waqf Board. It is further case of the petitioner that infact,

during the minority of the father of the petitioner, the great grandfather of

respondent no.7 was looking after the procession till petitioner’s father

attained majority as an interim Mutawalli and thereafter petitioner’s father

was appointed as Mutawalli vide notification dated 01.12.2003 and continued

as such till his demise in 2015. It is his further case that since Permanent

Governing Body was not constituted to decide the successor of Mutawalli for

the said Panja, neither of the rivaling parties have been appointed a

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W.P.No.15440 & 13245 of 2026

7

Mutawalli, however, the respondent no.7 succeeding in getting him appointed

as temporary/interim Mutawalli under Section 63 of the Waqf Act, 1995 for a

period of two (02) years, which expired on 7.11.2024. It is his further case

that the petitioner as well as respondent no.7 filed Writ Petitions vide

W.P.Nos.21670 & 24071 of 2022 seeking an identical relief of granting

permission to conduct Muharram Procession of the year 2022 and a

Coordinate Bench of this Court vide common orders dated 05.08.2022

permitted the petitioner as well as respondent no.7 to perform the Holy

Muharram Ceremony one in the morning from 10.00 a.m. to 1.00 p.m. and

the another from 2.00 p.m. to 5.00 p.m. It is his further case that in the year

2025 again the respondent no.7 made representation to A.P.Waqf Board

seeking permission to conduct Muharram Procession and as the same was

rejected, he filed Writ Petition vide W.P.No.14990 of 2025 and since no

interim orders were passed, he preferred Writ Appeal No.752 of 2025 with

lack of facts and without adding the petitioner as respondent therein and

pursuant to the interim orders passed therein, he conducted the procession

alone for that year. It is his further case that in the year 2026, the petitioner

filed Writ Petition vide W.P.No.14673 of 2026 and this Court taking into

consideration of pendency of Writ Petition vide W.P.No.13245 of 2026 filed by

respondent no.7, disposed of the writ petition directing the authorities of AP

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W.P.No.15440 & 13245 of 2026

8

Waqf Board to conduct detailed enquiry within two months and appoint a

permanent Mutawalli. Thereafter, the petitioner made a representation dated

02.06.2026 seeking permission to conduct Muharram Procession and

respondent no.2, without considering the material submitted by the petitioner

and citing unrelated issues, rejected permission to the petitioner, which is

biased, capricious and contrary to the orders passed by this Court as well as

settled principles of law. Hence, the writ petition.

6. The case of respondent no.7 as set out in W.P.No.13245 of 2026, in

brief, is that he made representations to consider his case for Mutawalliship

and since the authorities ignored, he filed writ petition vide W.P.No.1362 of

2021, which was disposed of directing the Board to pass appropriate orders

and thereafter the Board appointed him as Mutawalli under Section 63 of the

Waqf Act,1995 for two (02) years and thereafter by virtue of the orders

passed in W.P.Nos.17833 & 17244 of 2025, he conducted Muharram festival

of the year 2025. It is his further case that petitioner filed civil suits for

eviction against tenants by creating a fraudulent partition deed dated

23.8.2014, though Civil Court lacks jurisdiction over the waqf properties and

though the enquiry report dated 19.12.2018 confirmed him (respondent no.7)

as legal heir of Mutawalli and even though this Court directed the authorities

to appoint Mutavalli, the authorities did not take any action on the

RC,J

W.P.No.15440 & 13245 of 2026

9

representations made by him and hence the authorities may be directed to

recognize him as Mutawalli, allow him to continue in managing the affairs of

waqf properties of the Panja and grant him permission to conduct Muharram

festival from 15.06.2026 to 29.06.2026.

7. Heard Sri V.V.Suryanarayana, learned counsel, representing Sri

Tungala Raghu Prasad, learned counsel for the petitioner, learned Standing

Counsel for Waqf Board and Sri M.V.Raja Ram, learned counsel for

respondent no.7.

8. Sri V.V.Suryanarayana, learned counsel, while reiterating the

contents of the writ affidavit in W.P.No.15440 of 2026 would contend that the

petitioner is legally entitled to be appointed as Mutawalli by hereditary

succession, since his father was the Mutawalli till his death in the year 2015,

however the respondent no.7 claiming that his great grandfather was

Mutawalli, who infact was an interim Mutawalli only looked after the

Procession during minority of petitioner’s father, raised objections and even

managed the authority and got himself appointed as interim Mutawalli for a

period of two (02) years from 2022 to 2024. He would further contend that

respondent no.7 did not produce any record to show that his successor was

ever appointed as Mutawalli, however the authorities appointed him as interim

Mutawalli for reasons unknown and in further extension of their illegal support

RC,J

W.P.No.15440 & 13245 of 2026

10

they rejected the request made by the petitioner for conducting Muharram

Procession though legally entitled being successor of Mutawalli and hence the

orders rejecting the request of the petitioner is not only lacks reasons but also

based on irrelevant facts and issues and the orders passed in civil suits and in

utter violation of orders of this Court and hence the said order is liable to be

set aside. The learned counsel further contended that without prejudice to the

above contentions, the Court if pleases may direct the petitioner as well as

respondent no.7 to conduct Procession in two shifts as ordered earlier by a

coordinate bench of this Court in W.P.No.21670 of 2022. Accordingly, the

learned counsel prayed to allow Writ Petition No.15440 of 2026 filed by

petitioner and dismiss the writ petition No.13245 of 2026 filed by respondent

no.7.

9. Dr. M.V.Raja Raam, learned counsel for respondent no.7, would

contend that the enquiry report dated 19.12.2018 makes it very clear that

respondent no.7 is the successor of notified Mutawalli of the subject Panja

and the same was reinforced by his appointment as temporary Mutawalli by

the Board from 2022 to 2024 and due to political pressure exerted by the

petitioner the Board did not appoint him Mutawalli for 2025, however, by

virtue of the orders of this Court, he conducted Muharram Procession. He

would further contend that despite the orders passed by this Court as well as

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W.P.No.15440 & 13245 of 2026

11

Division Bench, the Waqf Board kept pending the representations made by

respondent no.7 for his appointment as Mutawalli. He would further contend

that AP Waqf Board pursuant to the orders passed by this Court in Writ

Petition Nos.14673 & 13245 of 2026 permitted respondent no.7 to conduct

Muharram celebrations during the period 15.06.2026 to 30.06.2026 while

rejecting the request of the petitioner, by giving cogent and sufficient reasons

and hence the same does not require interference of this Court. He would

further submit that since the authorities kept the matter in cold storage for so

many years despite the orders passed by this Court as well as Division Bench,

the authorities may be directed to take immediate action on the

representations made by respondent no.7 and appoint him as permanent

Mutawalli of the subject panja. He would further contend that the Division

Bench of this Court by taking into consideration the concomitant

circumstances such as appointment of respondent no.7 as temporary

Mutawalli etc., granted permission to conduct Muharram festival of the year

2025 by respondent no.7 alone and therefore, granting permission to both

the petitioner and respondent no.7 in shifts as ordered by a coordinate bench

of this Court earlier cannot be considered in view of the subsequent orders

passed by Division Bench of this Court. Accordingly, prayed to allow the Writ

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W.P.No.15440 & 13245 of 2026

12

Petition vide W.P.No.13245 of 2026 filed by respondent no.7 and dismiss the

writ petition vide W.P.No.15440 of 2026 filed by the petitioner.

10. The learned Standing counsel for Waqf Board submitted that the

representations made by the petitioner as well as respondent no.7 have been

considered by conducting enquiry and giving personal hearing to the

petitioner as well as respondent no.7 and the claim made by the petitioner

was rejected and respondent no.7 is permitted to conduct Muharram

celebrations during the period from 15.06.2026 to 30.06.2026 vide

proceedings bearing F.No.89/NTR/Per/2023, dated 09.06.2026, by giving

cogent reasons. He would further contend that Division Bench of this Court by

taking into consideration the enquiry report submitted by enquiry officer dated

19.12.2018, which shows that respondent no.7 is the maternal grandson of

Dada Saheb, the deceased notified Mutawalli, permitted him to conduct

Muharram in the year 2025 and the same was also taken note of while

passing permission orders dated 09.06.2026 permitting respondent no.7 to

conduct Muharram Procession from 15.06.2026 to 30.06.2026. There is

neither illegality nor procedural irregularity in passing orders and the said

order is supported by valid and cogent reasons and hence does not require

interference of this Court. Accordingly prayed to pass appropriate orders.

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W.P.No.15440 & 13245 of 2026

13

11. Perused the material available on record and considered the

submissions made by learned counsel for the parties.

12. The material would disclose that pursuant to the enquiry report

submitted by the enquiry officer dated 19.12.2018, the Waqf Board approved

the name of respondent no.7 and consequently a gazette notification was

issued appointing respondent no.7 as Mutawalli of the said institution for a

period of two (02) years, which expired by 07.11.2024. The material further

discloses that by virtue of the orders dated 05.08.2022 passed in

W.P.Nos.21670 & 24071 of 2022, the petitioner as well as respondent no.7

were permitted to perform Holy Muharram in two shifts from the years 2022

to 2024. By virtue of the orders passed in W.A.No.752 of 2025, the

respondent no.7 conducted Muharram Procession of the year 2025.

13. The delay in appointing permanent Mutawalli is mainly because the

Waqf Board was not properly constituted till the year 2024. It is brought to

the notice of this Court that as of now Waqf Board is properly constituted.

The respondent no.2-Chief Executive Officer, Waqf Board, appeared virtually

and submitted that the matter will be placed before the Waqf Board in this

month and a permanent Mutawalli will be appointed as soon as possible. Both

the parties are claiming to be the decedents of notified Mutawalli and as to

who is the notified Mutawalli is also in dispute. It is fairly settled that while

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W.P.No.15440 & 13245 of 2026

14

exercising writ jurisdiction, this Court cannot embark upon deciding disputed

facts. Keeping in view the fact that both the parties are approaching the Court

every year by way of Writ Petitions seeking permission to conduct Muharram

Procession, the authorities are directed to decide the matter as quickly as

possible and appoint a permanent Mutawalli with the least possible delay and

put a quietus to the dispute.

14. Regarding the other aspect as to granting permission, taking into

consideration the facts that earlier the respondent no.7 was appointed as

temporary Mutawalli for a period of two (02) years based on the report dated

19.12.2018 of the enquiry officer recognizing respondent no.7 as maternal

grandson of the notified Mutawalli. As already observed supra, the respondent

no.7 along with the petitioner conducted the procession in shift basis for a

period of three (03) years and that he alone performed the procession in the

year 2025 by virtue of the orders passed by Division Bench of this Court in

Writ Appeal. In view of the above, considering that there are no changed

circumstances from the date of passing of orders by Division Bench in Writ

Appeal No.752 of 2025, this Court finds no illegality or arbitrariness in the

orders passed by the State Waqf Board vide F.No.89/NTR/Per/2023, dated

09.06.2026 permitting respondent no.7 to conduct procession during the

period 15.06.2026 to 30.06.2026. The authority had rightly held in the said

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W.P.No.15440 & 13245 of 2026

15

orders that civil suits filed and pending are not maintainable, since jurisdiction

of Civil Courts is barred by Section 85 of the Waqf Act, 1995. Violation of

principles of natural justice is not even complained of in passing the orders

dated 09.06.2026 impugned in W.P.No.15440 of 2026 except stating that the

material relied on by the petitioner was not considered even without

specifying the material so relied on.

15. In the above view of the matter, this court does not find any merits

in the Writ Petition No.15440 of 2026 filed challenging the order dated

09.06.2026 whereby the respondent no.7 is granted permission to conduct

procession and hence the same is liable to be dismissed.

16. Since the order granting permission to respondent no.7 is upheld,

no further orders are required to be passed for consideration of the

representation of respondent no.7 dated 02.04.2026. Regarding the other

relief sought in the writ petition vide W.P.No.13245 of 2026, the authorities

shall decide the issue and appoint a permanent Mutawalli to the subject Panja

in accordance with law, after affording a fair and reasonable opportunity to

the petitioner as well as respondent no.7 to present their case besides giving

a fair opportunity of being heard.

17. Accordingly, the writ petition vide W.P.No.15440 of 2026 is

dismissed. There shall be no order as to costs.

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W.P.No.15440 & 13245 of 2026

16

18. Accordingly, the Writ petition vide W.P.No.13245 of 2026 is

disposed of, permitting petitioner therein to conduct Muharram festival during

the period indicated in the permission order vide F.No.89/NTR/Per/2023,

dated 09.06.2026. The respondent authorities are directed to appoint

permanent Mutawalli to the subject Panja after following the procedure

contemplated under law, after giving both parties a fair and reasonable

opportunity of submitting their case and hearing. The authorities shall decide

the issue independently without being influenced by the observations, if any,

made in this common order. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________________

JUSTICE RAVI CHEEMALAPATI

18

th

June, 2026 RR

Issue Certified copy today

B/o

RR

Reference cases

Description

Andhra Pradesh High Court Navigates Complex Muharram Procession and Mutawalli Appointment Disputes

In a recent significant ruling, the Andhra Pradesh High Court addressed intricate **Muharram Procession Disputes** and **Mutawalli Appointment Disputes** concerning the Run Hussain Peer Panja/Lanka Peer Panja in Vijayawada. These cases, W.P.No.15440 of 2026 and W.P.No.13245 of 2026, exemplify the challenges in managing religious endowments and highlight critical aspects of Waqf administration, now comprehensively available on CaseOn for in-depth analysis.

Case Background: The Heart of the Dispute

Two writ petitions were filed before the High Court, both revolving around the administration of the Run Hussain Peer Panja and the right to conduct the annual Muharram procession. The core conflict arose between two claimants, one seeking permission to conduct the procession and the other vying for recognition as the permanent Mutawalli (manager) of the Waqf property and the right to organize the festival.

The Core Issues Before the High Court

The Petitioner's Challenge (W.P.No.15440/2026)

Sk Suleman, the petitioner, approached the High Court challenging the official respondents' decision to deny him permission to conduct the Muharram procession for the Run Hussain Peer Panja/Lanka Peer Panja at Vijayawada. He contended that the denial was arbitrary and an abuse of power, asserting his hereditary claim to the Mutawalliship, stating his father had served as Mutawalli until his death in 2015. He sought a directive to allow him to conduct the procession.

Respondent No.7's Claim (W.P.No.13245/2026)

Shaik Jilani Saida, referred to as respondent no.7 in the first petition, filed a separate writ petition. He questioned the inaction of the official respondents in deciding his representations to be recognized as the permanent Mutawalli and to grant him permission to conduct the Muharram festival from June 15 to June 29, 2026. He cited an enquiry report dated December 19, 2018, which identified him as the successor to the notified Mutawalli, and previous court orders that had allowed him to conduct the festival.

Legal Principles and Precedents

The judgment refers to several key legal frameworks and previous rulings:* **Waqf Act, 1995:** This Act governs the administration of Waqf properties. Section 63 allows for interim Mutawalli appointments, while Section 85 bars the jurisdiction of civil courts in matters related to Waqf properties.* **Article 226 of the Constitution of India:** The High Court's power to issue writs. However, the court highlighted that it cannot delve into disputed facts under its writ jurisdiction.* **Prior Court Orders:** The court acknowledged previous common orders dated August 5, 2022 (W.P.Nos.21670 & 24071 of 2022), which permitted both the petitioner and respondent no.7 to perform the Muharram Ceremony in two shifts. It also noted W.A.No.752 of 2025, which permitted respondent no.7 alone to conduct the Muharram procession in 2025. Another order in W.P.No.14673 of 2026 directed the Waqf Board to conduct a detailed inquiry and appoint a permanent Mutawalli.

Detailed Analysis: Unpacking the Arguments

The High Court carefully considered the rival claims and the actions of the Waqf Board.**Petitioner's Stance:** The petitioner emphasized his hereditary right to the Mutawalliship, highlighting his father's long tenure. He contended that respondent no.7 was merely an interim Mutawalli and that the Board's rejection was arbitrary, citing irrelevant issues.**Respondent No.7's Stance:** Respondent no.7 presented the enquiry report of December 19, 2018, as evidence of his legitimate claim. He underscored his previous appointment as a temporary Mutawalli from 2022 to 2024 and his successful conduct of the Muharram procession in 2025 under court orders. He accused the Board of inaction on his permanent appointment due to alleged political pressure.**Waqf Board's Response:** The Standing Counsel for the Waqf Board informed the court that both representations were duly considered through an enquiry and personal hearings. The Board rejected the petitioner's claim and permitted respondent no.7 to conduct the Muharram celebrations from June 15 to June 30, 2026, citing cogent reasons and the previous Division Bench order. The Board also affirmed that civil suits related to Waqf properties are not maintainable due to Section 85 of the Waqf Act.**Court's Findings:** The High Court acknowledged the recurring nature of these disputes. It observed that the Waqf Board had not been properly constituted until 2024, contributing to the delay in appointing a permanent Mutawalli. The court noted that respondent no.7 was indeed appointed as a temporary Mutawalli for two years based on the 2018 enquiry report, which recognized him as the maternal grandson of the notified Mutawalli.While the petitioner and respondent no.7 had jointly conducted the procession in shifts from 2022 to 2024, respondent no.7 had conducted it alone in 2025 by virtue of a Division Bench order. The court found no illegality or arbitrariness in the Waqf Board's order dated June 9, 2026, which permitted respondent no.7 to conduct the 2026 procession, as there were no changed circumstances since the Division Bench's ruling.*For legal professionals seeking swift insights into complex rulings like this, CaseOn.in offers 2-minute audio briefs that distill the essence of the judgment, making analysis and strategy formulation incredibly efficient.*However, recognizing the ongoing nature of the dispute over permanent Mutawalliship, the court directed the Waqf Board to expedite the process. The Chief Executive Officer of the Waqf Board appeared virtually and assured the court that the matter would be placed before the Board and a permanent Mutawalli appointed as soon as possible.

The High Court's Verdict

Based on its analysis, the Andhra Pradesh High Court delivered the following:* **Dismissal of W.P.No.15440 of 2026:** The petition filed by Sk Suleman, challenging the denial of permission for the Muharram procession, was dismissed.* **Disposal of W.P.No.13245 of 2026:** The petition filed by Shaik Jilani Saida was disposed of, with permission granted to him to conduct the Muharram festival for the specified period (June 15 to June 30, 2026), as per the Waqf Board's order.* **Directive for Permanent Mutawalli Appointment:** The respondent authorities were explicitly directed to appoint a permanent Mutawalli for the Run Hussain Peer Panja. This appointment must follow due legal procedure, providing both parties a fair and reasonable opportunity to present their case and be heard. The authorities must make this decision independently, without being influenced by any observations made in this common order. There were no orders as to costs.

Why This Judgment Matters for Legal Professionals and Students

This judgment offers crucial insights for lawyers and law students alike. It highlights the complexities inherent in **Waqf law** and the administrative challenges in managing religious endowments. The court's careful balancing act between immediate relief (permission for procession) and long-term resolution (appointment of permanent Mutawalli) demonstrates judicial prudence.Furthermore, the case underscores the limitations of writ jurisdiction in deciding disputed facts, emphasizing the need for statutory bodies like the Waqf Board to follow established procedures for appointments. The reference to prior judgments and the principle of 'no changed circumstances' provides a valuable lesson in the application of legal precedent. This ruling also serves as a reminder of Section 85 of the Waqf Act, reinforcing the bar on civil court jurisdiction in such matters.

Disclaimer

All information provided in this article is for informational purposes only and does not constitute legal advice. Readers are advised to consult with a qualified legal professional for specific legal guidance.

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